AB 2951: Voter registration: cancellation.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2024-09-22
Current Status:
Passed
(2024-09-22: Chaptered by Secretary of State - Chapter 424, Statutes of 2024.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
What does this bill do?
The bill changes when county elections officials must notify voters before canceling their registrations: it requires a forwardable mailed notice 15–30 days before canceling for reasons that include a court finding of mental incapacity, being jailed for a felony, or failing to respond to an address verification. For cancellations because a voter has died, it requires a mailed notice within 15 days before or after the cancellation. It also requires the Secretary of State to provide monthly progress reports to legislative committees about implementing the related voter-disqualification and restoration rules.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Existing law requires a county elections official to cancel a persons voter registration in certain circumstances, including when a person is deemed mentally incompetent, upon proof that the person is presently imprisoned for conviction of a felony, upon the death of the person, and when a person fails to respond to an address verification mailed by the elections official and does not attempt to vote at the next two federal general elections. Existing law requires the elections official to provide notice of the intent to cancel the persons registration between 15 and 30 days before the cancellation.
This bill, until July 1, 2025, instead would require the elections official to provide notice of the intent to cancel the persons registration between 15 and 30 days before the cancellation if the cancellation was due to mental incapacity to vote, a prison commitment, or the voter has failed to respond to an address verification, as specified, and would require the elections official to provide notice within 15 days before or after cancellation of a voters registration if the person has died.
This bill would require the Secretary of State to submit an update on January 1, 2025, and on the first of each month thereafter until July 1, 2025, to specified committees of the Legislature detailing its efforts and progress in fully implementing and achieving compliance with specified laws regarding voting rights disqualifications and restorations.
By increasing the duties on county elections officials, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law requires a county elections official to cancel a persons voter registration in certain circumstances, including when a person is deemed mentally incompetent, upon proof that the person is presently imprisoned for conviction of a felony, upon the death of the person, and when a person fails to respond to an address verification mailed by the elections official and does not attempt to vote at the next two federal general elections. Existing law requires the elections official to provide notice of the intent to cancel the persons registration between 15 and 30 days before the cancellation.
This bill, until July 1, 2025, instead would require the elections official to provide notice of the intent to cancel the persons registration between 15 and 30 days before the cancellation if the cancellation was due to mental incapacity to vote, a prison commitment, or the voter has failed to respond to an address verification, as specified, and would require the elections official to provide notice within 15 days before or after cancellation of a voters registration if the person has died.
This bill would require the Secretary of State to submit an update on January 1, 2025, and on the first of each month thereafter until July 1, 2025, to specified committees of the Legislature detailing its efforts and progress in fully implementing and achieving compliance with specified laws regarding voting rights disqualifications and restorations.
By increasing the duties on county elections officials, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law requires a county elections official to cancel a persons voter registration in certain circumstances, including when a person is deemed mentally incompetent, upon proof that the person is presently imprisoned for conviction of a felony, upon the death of the person, and when a person fails to respond to an address verification mailed by the elections official and does not attempt to vote at the next two federal general elections. Existing law requires the elections official to provide notice of the intent to cancel the persons registration between 15 and 30 days before the cancellation.
This bill, until July 1, 2025, instead would require the elections official to provide notice of the intent to cancel the persons registration between 15 and 30 days before the cancellation if the cancellation was due to mental incapacity to vote, a prison commitment, or the voter has failed to respond to an address verification, as specified, and would require the elections official to provide notice within 15 days before or after cancellation of a voters registration if the person has died.
This bill would require the Secretary of State to submit an update on January 1, 2025, and on the first of each month thereafter until July 1, 2025, to specified committees of the Legislature detailing its efforts and progress in fully implementing and achieving compliance with specified laws regarding voting rights disqualifications and restorations.
By increasing the duties on county elections officials, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law requires a county elections official to cancel a persons voter registration in certain circumstances, including when a person is deemed mentally incompetent, upon proof that the person is presently imprisoned for conviction of a felony, upon the death of the person, and when a person fails to respond to an address verification mailed by the elections official and does not attempt to vote at the next two federal general elections. Existing law requires the elections official to provide notice of the intent to cancel the persons registration between 15 and 30 days before the cancellation.
This bill, until July 1, 2025, instead would require the elections official to provide notice of the intent to cancel the persons registration between 15 and 30 days before the cancellation if the cancellation was due to mental incapacity to vote, a prison commitment, or the voter has failed to respond to an address verification, as specified, and would require the elections official to provide notice within 15 days before or after cancellation of a voters registration if the person has died.
This bill would require the Secretary of State to submit a report an update on January 1, 2025, and on the first of each month thereafter until July 1, 2025, to specified committees of the Legislature detailing its efforts and progress in fully implementing and achieving compliance with specified laws regarding voting rights disqualifications and restorations.
By increasing the duties on county elections officials, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law requires a county elections official to cancel a persons voter registration in certain circumstances, including when a person is deemed mentally incompetent, upon proof that the person is presently imprisoned for conviction of a felony, upon the death of the person, and when a person fails to respond to an address verification mailed by the elections official and does not attempt to vote at the next two federal general elections. Existing law requires the elections official to provide notice of the intent to cancel the persons registration between 15 and 30 days before the cancellation.
This bill, until July 1, 2025, instead would require the elections official to provide notice of the intent to cancel the persons registration between 15 and 30 days before the cancellation if the cancellation was due to mental incapacity to vote or vote, a prison commitment, or the voter has failed to respond to an address verification, as specified, and would require the elections official to provide notice within 15 days before or after cancellation of a voters registration if the person has died or has failed to respond an address verification mailed by the elections official and does not attempt to vote at the next two federal general elections. died.
This bill would require the Secretary of State to submit a report on January 1, 2025, and on the first of each month thereafter until July 1, 2025, to specified committees of the Legislature detailing its efforts and progress in fully implementing and achieving compliance with specified laws regarding voting rights disqualifications and restorations.
By increasing the duties on county elections officials, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law requires a county elections official to cancel a persons voter registration in certain circumstances, including when a person is deemed mentally incompetent, upon proof that the person is presently imprisoned for conviction of a felony, upon the death of the person, and when a person fails to respond to an address verification mailed by the elections official and does not attempt to vote at the next two federal general elections. Existing law requires the elections official to provide notice of the intent to cancel the persons registration between 15 and 30 days before the cancellation.
This bill, until July 1, 2025, instead would require the elections official to provide notice of the intent to cancel the persons registration between 15 and 30 days before the cancellation if the cancellation was due to mental incapacity to vote or a prison commitment, and would require the elections official to provide notice within 15 days after cancellation of a voters registration if the person has died or has failed to respond an address verification mailed by the elections official and does not attempt to vote at the next two federal general elections.
By increasing the duties on county elections officials, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law authorizes any voter, after the completion of the official canvass for a statewide election, to file with the Secretary of State a written request for a vote recount, as specified. Existing law requires the Secretary of State to send a copy of the written request by registered mail to each affected county elections official, as specified.This bill would instead require the Secretary of State to send a copy of the written request to the elections official by electronic delivery. The bill would require the elections official to provide written confirmation of delivery to the Secretary of State. By increasing the duties of local elections officials and the Secretary of State relative to written notice requirements, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Existing law authorizes any voter, after the completion of the official canvass for a statewide election, to file with the Secretary of State a written request for a vote recount, as specified. Existing law requires the Secretary of State to send a copy of the written request by registered mail to each affected county elections official, as specified.
This bill would instead require the Secretary of State to send a copy of the written request to the elections official by electronic delivery. The bill would require the elections official to provide written confirmation of delivery to the Secretary of State. By increasing the duties of local elections officials and the Secretary of State relative to written notice requirements, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(a)The county elections official shall cancel the registration in the following cases:
(1)At the signed, written request of the person registered.
(2)When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211. The county elections office shall use only information provided by the Secretary of State pursuant to subdivision (d) of Section 2211.5 to cancel a voter registration for this reason.
(3)Upon proof that the person is presently imprisoned for conviction of a felony. The county elections office shall use only information provided by the Secretary of State pursuant to subdivision (d) of Section 2212, by a United States District Court, or by the Federal Bureau of Prisons to cancel a voter registration for this reason.
(4)Upon the production of a certified copy of a judgment directing the cancellation to be made.
(5)Upon the death of the person registered.
(6)Pursuant to Article 2 (commencing with Section 2220).
(7)Upon official notification that the voter is registered to vote in another state.
(8)Upon proof that the person is otherwise ineligible to vote.
(b)The Secretary of State may cancel the registration in the following cases:
(1)When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211.
(2)Upon proof that the person is presently imprisoned for the conviction of a felony.
(3)Upon the death of the person registered.
(c)(1)Between 15 and 30 days, inclusive, before canceling a persons registration for the reasons specified in paragraphs (2), (3), or (6) of subdivision (a), the county elections official shall send a forwardable notice by first-class mail, including a postage-paid and preaddressed return form, to the voter.
(A)The forwardable notice shall be provided in the persons preferred language if the county is required to provide translated ballots in that language pursuant to Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).
(B)The notice shall include a statement substantially similar to the following:
IMPORTANT NOTICE. Your voter registration record is scheduled to be canceled on [date]. This cancellation is due to information the [county name] County elections office has received indicating your ineligibility to vote in that county due to a change in residence, prison commitment, or mental incapacity to vote pursuant to Sections 2208, 2209, 2210, or 2211 of the California Elections Code, as applicable.
If you believe this cancellation is in error, please notify our office within 15 days from the date of this notice either by returning the attached postage-paid postcard or by calling [county elections office phone number] toll free.
If we do not receive your response to this notice, you may be required to reregister to vote in the next election or to vote using a provisional ballot. You can find more information about voter eligibility rules on the Secretary of States internet website at [URL] or voter hotline at [phone numbers]. You can also check your current registration status at [URL].
(2)The preaddressed return form described in paragraph (1) shall include all of the following:
(A)Space for the voter to provide their current place of residence.
(B)Space for the voter to provide their current mailing address, if different from the place of residence.
(C)A box next to a statement substantially similar to the following: The cancellation of my voter record is in error because I have not been deemed mentally incompetent to vote by a court of law and I am not currently serving a state or federal prison term. Additionally, if I have moved, I have provided my new residential address on this form.
(D)Space for the voter to provide their signature and the date.
(3)The elections official may send additional written notices to a voter, and may also notify the voter in person, by telephone or email, or by other means of the planned registration cancellation.
(d)(1)Within 15 days before or after cancellation of a voters registration for the reason specified in paragraph (5) of subdivision (a), the county elections official shall send a forwardable notice by first-class mail, including a postage-paid and preaddressed return form, to the voter, to enable the voter to verify or correct their voter registration cancellation.
(A)The forwardable notice shall be provided in the persons preferred language if the county is required to provide translated ballots in that language pursuant to Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).
(B)The notice shall include a statement substantially similar to the following:
IMPORTANT NOTICE. Your voter registration record was canceled on [date]. This cancellation is due to information the [county name] County elections office has received indicating your ineligibility to vote in that county due to death, pursuant to the California Elections Code, as applicable.
If you believe this cancellation is in error, please notify our office within 15 days from the date of this notice either by returning the attached postage-paid postcard or by calling [county elections office phone number] toll free.
If we do not receive your response to this notice, you may be required to reregister to vote in the next election or to vote using a provisional ballot. You can find more information about voter eligibility rules on the Secretary of States internet website at [URL] or voter hotline at [phone numbers]. You can also check your current registration status at [URL].
(2)The preaddressed return form described in paragraph (1) shall include all of the following:
(A)Space for the voter to provide their current place of residence.
(B)Space for the voter to provide their current mailing address, if different from the place of residence.
(C)A box next to a statement substantially similar to the following: The cancellation of my voter record is in error because I have not died. Additionally, if I have moved, I have provided my new residential address on this form.
(D)Space for the voter to provide their signature and the date.
(3)The elections official may send additional notices to a voter, and may also notify the voter in person, by telephone or email, or by other means of the planned registration cancellation.
(e)(1)The Secretary of State shall submit an update on January 1, 2025, and on the first of each month thereafter, detailing its efforts and progress in fully implementing and achieving compliance with Sections 2208, 2209, 2210, 2211, 2211.5, and 2214 to all of the following committees:
(A)The Assembly Committee on Elections.
(B)The Senate Committee on Elections and Constitutional Amendments.
(C)The relevant subcommittee of the Assembly Committee on Budget.
(D)The relevant subcommittee of the Senate Committee on Budget and Fiscal Review.
(E)The Joint Committee on Legislative Audit.
(2)The Secretary of State shall not be required to submit the update required pursuant to paragraph (1) after the Secretary of State certifies to the committees described in paragraph (1) that it has taken all steps necessary to fully implement and administer Sections 2208, 2209, 2210, 2211, 2211.5, and 2214.
(f)This section shall become inoperative on July 1, 2025, and, as of January 1, 2026, is repealed.
SEC. 2.Section 2201 is added to the Elections Code, to read:2201.(a)The county elections official shall cancel the registration in the following cases:
(1)At the signed, written request of the person registered.
(2)When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211. The county elections office shall use only information provided by the Secretary of State pursuant to subdivision (d) of Section 2211.5 to cancel a voter registration for this reason.
(3)Upon proof that the person is presently imprisoned for conviction of a felony. The county elections office shall use only information provided by the Secretary of State pursuant to subdivision (d) of Section 2212, by a United States District Court, or by the Federal Bureau of Prisons to cancel a voter registration for this reason.
(4)Upon the production of a certified copy of a judgment directing the cancellation to be made.
(5)Upon the death of the person registered.
(6)Pursuant to Article 2 (commencing with Section 2220).
(7)Upon official notification that the voter is registered to vote in another state.
(8)Upon proof that the person is otherwise ineligible to vote.
(b)The Secretary of State may cancel the registration in the following cases:
(1)When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211.
(2)Upon proof that the person is presently imprisoned for the conviction of a felony.
(3)Upon the death of the person registered.
(c)(1)Between 15 and 30 days, inclusive, before canceling a persons registration for the reasons specified in paragraph (2), (3), (5), or (6) of subdivision (a), the county elections official shall send a forwardable notice by first-class mail, including a postage-paid and preaddressed return form, to the voter.
(A)The forwardable notice shall be provided in the persons preferred language if the county is required to provide translated ballots in that language pursuant to Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).
(B)The notice shall include a statement substantially similar to the following:
IMPORTANT NOTICE. Your voter registration record is scheduled to be canceled on [date]. This cancellation is due to information the [county name] County elections office has received indicating your ineligibility to vote in that county due to a change of residence, death, prison commitment or mental incapacity to vote pursuant to Sections 2208, 2209, 2210, or 2211 of the California Elections Code, as applicable.
If you believe this cancellation is in error, please notify our office within 15 days from the date of this notice either by returning the attached postage-paid postcard or by calling [county elections office phone number] toll free.
If we do not receive your response to this notice, you may be required to reregister to vote in the next election or to vote using a provisional ballot. You can find more information about voter eligibility rules on the Secretary of States internet website at [URL] or voter hotline at [phone numbers]. You can also check your current registration status at [URL].
(2)The preaddressed return form described in paragraph (1) shall include all of the following:
(A)Space for the voter to provide their current place of residence.
(B)Space for the voter to provide their current mailing address, if different from the place of residence.
(C)A box next to a statement substantially similar to the following: The cancellation of my voter record is in error because I have not been deemed mentally incompetent to vote by a court of law, I am not currently serving a state or federal prison term, and I have not died. Additionally, if I have moved, I have provided my new residential address on this form.
(D)Space for the voter to provide their signature and the date.
(3)The elections official may send additional written notices to a voter, and may also notify the voter in person, by telephone or email, or by other means of the planned registration cancellation.
(d)This section shall become operative on July 1, 2025.
SEC. 3.If the Commission on State Mandates determines that this act contains 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.
(a)The county elections official shall cancel the registration in the following cases:
(1)At the signed, written request of the person registered.
(2)When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211. The county elections office shall use only information provided by the Secretary of State pursuant to subdivision (d) of Section 2211.5 to cancel a voter registration for this reason.
(3)Upon proof that the person is presently imprisoned for conviction of a felony. The county elections office shall use only information provided by the Secretary of State pursuant to subdivision (d) of Section 2212, by a United States District Court, or by the Federal Bureau of Prisons to cancel a voter registration for this reason.
(4)Upon the production of a certified copy of a judgment directing the cancellation to be made.
(5)Upon the death of the person registered.
(6)Pursuant to Article 2 (commencing with Section 2220).
(7)Upon official notification that the voter is registered to vote in another state.
(8)Upon proof that the person is otherwise ineligible to vote.
(b)The Secretary of State may cancel the registration in the following cases:
(1)When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211.
(2)Upon proof that the person is presently imprisoned for the conviction of a felony.
(3)Upon the death of the person registered.
(c)(1)Between 15 and 30 days, inclusive, before canceling a persons registration for the reasons specified in paragraphs (2), (3), or (6) of subdivision (a), the county elections official shall send a forwardable notice by first-class mail, including a postage-paid and preaddressed return form, to the voter.
(A)The forwardable notice shall be provided in the persons preferred language if the county is required to provide translated ballots in that language pursuant to Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).
(B)The notice shall include a statement substantially similar to the following:
IMPORTANT NOTICE. Your voter registration record is scheduled to be canceled on [date]. This cancellation is due to information the [county name] County elections office has received indicating your ineligibility to vote in that county due to a change in residence, prison commitment, or mental incapacity to vote pursuant to Sections 2208, 2209, 2210, or 2211 of the California Elections Code, as applicable.
If you believe this cancellation is in error, please notify our office within 15 days from the date of this notice either by returning the attached postage-paid postcard or by calling [county elections office phone number] toll free.
If we do not receive your response to this notice, you may be required to reregister to vote in the next election or to vote using a provisional ballot. You can find more information about voter eligibility rules on the Secretary of States internet website at [URL] or voter hotline at [phone numbers]. You can also check your current registration status at [URL].
(2)The preaddressed return form described in paragraph (1) shall include all of the following:
(A)Space for the voter to provide their current place of residence.
(B)Space for the voter to provide their current mailing address, if different from the place of residence.
(C)A box next to a statement substantially similar to the following: The cancellation of my voter record is in error because I have not been deemed mentally incompetent to vote by a court of law and I am not currently serving a state or federal prison term. Additionally, if I have moved, I have provided my new residential address on this form.
(D)Space for the voter to provide their signature and the date.
(3)The elections official may send additional written notices to a voter, and may also notify the voter in person, by telephone or email, or by other means of the planned registration cancellation.
(d)(1)Within 15 days before or after cancellation of a voters registration for the reason specified in paragraph (5) of subdivision (a), the county elections official shall send a forwardable notice by first-class mail, including a postage-paid and preaddressed return form, to the voter, to enable the voter to verify or correct their voter registration cancellation.
(A)The forwardable notice shall be provided in the persons preferred language if the county is required to provide translated ballots in that language pursuant to Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).
(B)The notice shall include a statement substantially similar to the following:
IMPORTANT NOTICE. Your voter registration record was canceled on [date]. This cancellation is due to information the [county name] County elections office has received indicating your ineligibility to vote in that county due to death, pursuant to the California Elections Code, as applicable.
If you believe this cancellation is in error, please notify our office within 15 days from the date of this notice either by returning the attached postage-paid postcard or by calling [county elections office phone number] toll free.
If we do not receive your response to this notice, you may be required to reregister to vote in the next election or to vote using a provisional ballot. You can find more information about voter eligibility rules on the Secretary of States internet website at [URL] or voter hotline at [phone numbers]. You can also check your current registration status at [URL].
(2)The preaddressed return form described in paragraph (1) shall include all of the following:
(A)Space for the voter to provide their current place of residence.
(B)Space for the voter to provide their current mailing address, if different from the place of residence.
(C)A box next to a statement substantially similar to the following: The cancellation of my voter record is in error because I have not died. Additionally, if I have moved, I have provided my new residential address on this form.
(D)Space for the voter to provide their signature and the date.
(3)The elections official may send additional notices to a voter, and may also notify the voter in person, by telephone or email, or by other means of the planned registration cancellation.
(e)(1)The Secretary of State shall submit an update on January 1, 2025, and on the first of each month thereafter, detailing its efforts and progress in fully implementing and achieving compliance with Sections 2208, 2209, 2210, 2211, 2211.5, and 2214 to all of the following committees:
(A)The Assembly Committee on Elections.
(B)The Senate Committee on Elections and Constitutional Amendments.
(C)The relevant subcommittee of the Assembly Committee on Budget.
(D)The relevant subcommittee of the Senate Committee on Budget and Fiscal Review.
(E)The Joint Committee on Legislative Audit.
(2)The Secretary of State shall not be required to submit the update required pursuant to paragraph (1) after the Secretary of State certifies to the committees described in paragraph (1) that it has taken all steps necessary to fully implement and administer Sections 2208, 2209, 2210, 2211, 2211.5, and 2214.
(f)This section shall become inoperative on July 1, 2025, and, as of January 1, 2026, is repealed.
SEC. 2.Section 2201 is added to the Elections Code, to read:2201.(a)The county elections official shall cancel the registration in the following cases:
(1)At the signed, written request of the person registered.
(2)When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211. The county elections office shall use only information provided by the Secretary of State pursuant to subdivision (d) of Section 2211.5 to cancel a voter registration for this reason.
(3)Upon proof that the person is presently imprisoned for conviction of a felony. The county elections office shall use only information provided by the Secretary of State pursuant to subdivision (d) of Section 2212, by a United States District Court, or by the Federal Bureau of Prisons to cancel a voter registration for this reason.
(4)Upon the production of a certified copy of a judgment directing the cancellation to be made.
(5)Upon the death of the person registered.
(6)Pursuant to Article 2 (commencing with Section 2220).
(7)Upon official notification that the voter is registered to vote in another state.
(8)Upon proof that the person is otherwise ineligible to vote.
(b)The Secretary of State may cancel the registration in the following cases:
(1)When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211.
(2)Upon proof that the person is presently imprisoned for the conviction of a felony.
(3)Upon the death of the person registered.
(c)(1)Between 15 and 30 days, inclusive, before canceling a persons registration for the reasons specified in paragraph (2), (3), (5), or (6) of subdivision (a), the county elections official shall send a forwardable notice by first-class mail, including a postage-paid and preaddressed return form, to the voter.
(A)The forwardable notice shall be provided in the persons preferred language if the county is required to provide translated ballots in that language pursuant to Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).
(B)The notice shall include a statement substantially similar to the following:
IMPORTANT NOTICE. Your voter registration record is scheduled to be canceled on [date]. This cancellation is due to information the [county name] County elections office has received indicating your ineligibility to vote in that county due to a change of residence, death, prison commitment or mental incapacity to vote pursuant to Sections 2208, 2209, 2210, or 2211 of the California Elections Code, as applicable.
If you believe this cancellation is in error, please notify our office within 15 days from the date of this notice either by returning the attached postage-paid postcard or by calling [county elections office phone number] toll free.
If we do not receive your response to this notice, you may be required to reregister to vote in the next election or to vote using a provisional ballot. You can find more information about voter eligibility rules on the Secretary of States internet website at [URL] or voter hotline at [phone numbers]. You can also check your current registration status at [URL].
(2)The preaddressed return form described in paragraph (1) shall include all of the following:
(A)Space for the voter to provide their current place of residence.
(B)Space for the voter to provide their current mailing address, if different from the place of residence.
(C)A box next to a statement substantially similar to the following: The cancellation of my voter record is in error because I have not been deemed mentally incompetent to vote by a court of law, I am not currently serving a state or federal prison term, and I have not died. Additionally, if I have moved, I have provided my new residential address on this form.
(D)Space for the voter to provide their signature and the date.
(3)The elections official may send additional written notices to a voter, and may also notify the voter in person, by telephone or email, or by other means of the planned registration cancellation.
(d)This section shall become operative on July 1, 2025.
SEC. 3.If the Commission on State Mandates determines that this act contains 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.
(a)The county elections official shall cancel the registration in the following cases:
(1)At the signed, written request of the person registered.
(2)When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211. The county elections office shall use only information provided by the Secretary of State pursuant to subdivision (d) of Section 2211.5 to cancel a voter registration for this reason.
(3)Upon proof that the person is presently imprisoned for conviction of a felony. The county elections office shall use only information provided by the Secretary of State pursuant to subdivision (d) of Section 2212, by a United States District Court, or by the Federal Bureau of Prisons to cancel a voter registration for this reason.
(4)Upon the production of a certified copy of a judgment directing the cancellation to be made.
(5)Upon the death of the person registered.
(6)Pursuant to Article 2 (commencing with Section 2220).
(7)Upon official notification that the voter is registered to vote in another state.
(8)Upon proof that the person is otherwise ineligible to vote.
(b)The Secretary of State may cancel the registration in the following cases:
(1)When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211.
(2)Upon proof that the person is presently imprisoned for the conviction of a felony.
(3)Upon the death of the person registered.
(c)(1)Between 15 and 30 days, inclusive, before canceling a persons registration for the reasons specified in paragraphs (2), (3), or (6) of subdivision (a), the county elections official shall send a forwardable notice by first-class mail, including a postage-paid and preaddressed return form, to the voter.
(A)The forwardable notice shall be provided in the persons preferred language if the county is required to provide translated ballots in that language pursuant to Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).
(B)The notice shall include a statement substantially similar to the following:
IMPORTANT NOTICE. Your voter registration record is scheduled to be canceled on [date]. This cancellation is due to information the [county name] County elections office has received indicating your ineligibility to vote in that county due to a change in residence, prison commitment commitment, or mental incapacity to vote pursuant to Sections 2208, 2209, 2210, or 2211 of the California Elections Code, as applicable.
If you believe this cancellation is in error, please notify our office within 15 days from the date of this notice either by returning the attached postage-paid postcard or by calling [county elections office phone number] toll free.
If we do not receive your response to this notice, you may be required to reregister to vote in the next election or to vote using a provisional ballot. You can find more information about voter eligibility rules on the Secretary of States internet website at [URL] or voter hotline at [phone numbers]. You can also check your current registration status at [URL].
(2)The preaddressed return form described in paragraph (1) shall include all of the following:
(A)Space for the voter to provide their current place of residence.
(B)Space for the voter to provide their current mailing address, if different from the place of residence.
(C)A box next to a statement substantially similar to the following: The cancellation of my voter record is in error because I have not been deemed mentally incompetent to vote by a court of law and I am not currently serving a state or federal prison term. Additionally, if I have moved, I have provided my new residential address on this form.
(D)Space for the voter to provide their signature and the date.
(3)The elections official may send additional written notices to a voter, and may also notify the voter in person, by telephone or email, or by other means of the planned registration cancellation.
(d)(1)Within 15 days before or after cancellation of a voters registration for the reason specified in paragraph (5) of subdivision (a), the county elections official shall send a forwardable notice by first-class mail, including a postage-paid and preaddressed return form, to the voter, to enable the voter to verify or correct their voter registration cancellation.
(A)The forwardable notice shall be provided in the persons preferred language if the county is required to provide translated ballots in that language pursuant to Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).
(B)The notice shall include a statement substantially similar to the following:
IMPORTANT NOTICE. Your voter registration record was canceled on [date]. This cancellation is due to information the [county name] County elections office has received indicating your ineligibility to vote in that county due to death, pursuant to the California Elections Code, as applicable.
If you believe this cancellation is in error, please notify our office within 15 days from the date of this notice either by returning the attached postage-paid postcard or by calling [county elections office phone number] toll free.
If we do not receive your response to this notice, you may be required to reregister to vote in the next election or to vote using a provisional ballot. You can find more information about voter eligibility rules on the Secretary of States internet website at [URL] or voter hotline at [phone numbers]. You can also check your current registration status at [URL].
(2)The preaddressed return form described in paragraph (1) shall include all of the following:
(A)Space for the voter to provide their current place of residence.
(B)Space for the voter to provide their current mailing address, if different from the place of residence.
(C)A box next to a statement substantially similar to the following: The cancellation of my voter record is in error because I have not died. Additionally, if I have moved, I have provided my new residential address on this form.
(D)Space for the voter to provide their signature and the date.
(3)The elections official may send additional notices to a voter, and may also notify the voter in person, by telephone or email, or by other means of the planned registration cancellation.
(e)(1)The Secretary of State shall submit an update on January 1, 2025, and on the first of each month thereafter, detailing its efforts and progress in fully implementing and achieving compliance with Sections 2208, 2209, 2210, 2211, 2211.5, and 2214 to all of the following committees:
(A)The Assembly Committee on Elections.
(B)The Senate Committee on Elections and Constitutional Amendments.
(C)The relevant subcommittee of the Assembly Committee on Budget.
(D)The relevant subcommittee of the Senate Committee on Budget and Fiscal Review.
(E)The Joint Committee on Legislative Audit.
(2)The Secretary of State shall not be required to submit the update required pursuant to paragraph (1) after the Secretary of State certifies to the committees described in paragraph (1) that it has taken all steps necessary to fully implement and administer Sections 2208, 2209, 2210, 2211, 2211.5, and 2214.
(f)This section shall become inoperative on July 1, 2025, and, as of January 1, 2026, is repealed.
SEC. 2.Section 2201 is added to the Elections Code, to read:2201.(a)The county elections official shall cancel the registration in the following cases:
(1)At the signed, written request of the person registered.
(2)When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211. The county elections office shall use only information provided by the Secretary of State pursuant to subdivision (d) of Section 2211.5 to cancel a voter registration for this reason.
(3)Upon proof that the person is presently imprisoned for conviction of a felony. The county elections office shall use only information provided by the Secretary of State pursuant to subdivision (d) of Section 2212, by a United States District Court, or by the Federal Bureau of Prisons to cancel a voter registration for this reason.
(4)Upon the production of a certified copy of a judgment directing the cancellation to be made.
(5)Upon the death of the person registered.
(6)Pursuant to Article 2 (commencing with Section 2220).
(7)Upon official notification that the voter is registered to vote in another state.
(8)Upon proof that the person is otherwise ineligible to vote.
(b)The Secretary of State may cancel the registration in the following cases:
(1)When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211.
(2)Upon proof that the person is presently imprisoned for the conviction of a felony.
(3)Upon the death of the person registered.
(c)(1)Between 15 and 30 days, inclusive, before canceling a persons registration for the reasons specified in paragraph (2), (3), (5), or (6) of subdivision (a), the county elections official shall send a forwardable notice by first-class mail, including a postage-paid and preaddressed return form, to the voter.
(A)The forwardable notice shall be provided in the persons preferred language if the county is required to provide translated ballots in that language pursuant to Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).
(B)The notice shall include a statement substantially similar to the following:
IMPORTANT NOTICE. Your voter registration record is scheduled to be canceled on [date]. This cancellation is due to information the [county name] County elections office has received indicating your ineligibility to vote in that county due to a change of residence, death, prison commitment or mental incapacity to vote pursuant to Sections 2208, 2209, 2210, or 2211 of the California Elections Code, as applicable.
If you believe this cancellation is in error, please notify our office within 15 days from the date of this notice either by returning the attached postage-paid postcard or by calling [county elections office phone number] toll free.
If we do not receive your response to this notice, you may be required to reregister to vote in the next election or to vote using a provisional ballot. You can find more information about voter eligibility rules on the Secretary of States internet website at [URL] or voter hotline at [phone numbers]. You can also check your current registration status at [URL].
(2)The preaddressed return form described in paragraph (1) shall include all of the following:
(A)Space for the voter to provide their current place of residence.
(B)Space for the voter to provide their current mailing address, if different from the place of residence.
(C)A box next to a statement substantially similar to the following: The cancellation of my voter record is in error because I have not been deemed mentally incompetent to vote by a court of law, I am not currently serving a state or federal prison term, and I have not died. Additionally, if I have moved, I have provided my new residential address on this form.
(D)Space for the voter to provide their signature and the date.
(3)The elections official may send additional written notices to a voter, and may also notify the voter in person, by telephone or email, or by other means of the planned registration cancellation.
(d)This section shall become operative on July 1, 2025.
SEC. 3.If the Commission on State Mandates determines that this act contains 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.
(a)The county elections official shall cancel the registration in the following cases:
(1)At the signed, written request of the person registered.
(2)When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211. The county elections office shall use only information provided by the Secretary of State pursuant to subdivision (d) of Section 2211.5 to cancel a voter registration for this reason.
(3)Upon proof that the person is presently imprisoned for conviction of a felony. The county elections office shall use only information provided by the Secretary of State pursuant to subdivision (d) of Section 2212, by a United States District Court, or by the Federal Bureau of Prisons to cancel a voter registration for this reason.
(4)Upon the production of a certified copy of a judgment directing the cancellation to be made.
(5)Upon the death of the person registered.
(6)Pursuant to Article 2 (commencing with Section 2220).
(7)Upon official notification that the voter is registered to vote in another state.
(8)Upon proof that the person is otherwise ineligible to vote.
(b)The Secretary of State may cancel the registration in the following cases:
(1)When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211.
(2)Upon proof that the person is presently imprisoned for the conviction of a felony.
(3)Upon the death of the person registered.
(c)(1)Between 15 and 30 days, inclusive, before canceling a persons registration for the reasons specified in paragraphs (2), (3), or (6) of subdivision (a), the county elections official shall send a forwardable notice by first-class mail, including a postage-paid and preaddressed return form, to the voter.
(A)The forwardable notice shall be provided in the persons preferred language if the county is required to provide translated ballots in that language pursuant to Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).
(B)The notice shall include a statement substantially similar to the following:
IMPORTANT NOTICE. Your voter registration record is scheduled to be canceled on [date]. This cancellation is due to information the [county name] County elections office has received indicating your ineligibility to vote in that county due to a prison commitment or mental incapacity to vote pursuant to Sections 2208, 2209, 2210, or 2211 of the California Elections Code, as applicable.
If you believe this cancellation is in error, please notify our office within 15 days from the date of this notice either by returning the attached postage-paid postcard or by calling [county elections office phone number] toll free.
If we do not receive your response to this notice, you may be required to reregister to vote in the next election or to vote using a provisional ballot. You can find more information about voter eligibility rules on the Secretary of States internet website at [URL] or voter hotline at [phone numbers]. You can also check your current registration status at [URL].
(2)The preaddressed return form described in paragraph (1) shall include all of the following:
(A)Space for the voter to provide their current place of residence.
(B)Space for the voter to provide their current mailing address, if different from the place of residence.
(C)A box next to a statement substantially similar to the following: The cancellation of my voter record is in error because I have not been deemed mentally incompetent to vote by a court of law and I am not currently serving a state or federal prison term. Additionally, if I have moved, I have provided my new residential address on this form.
(D)Space for the voter to provide their signature and the date.
(3)The elections official may send additional written notices to a voter, and may also notify the voter in person, by telephone or email, or by other means of the planned registration cancellation.
(d)(1)Within 15 days before or after cancellation of a voters registration for the reason specified in paragraph (5) of subdivision (a), the county elections official shall send a forwardable notice by first-class mail, including a postage-paid and preaddressed return form, to the voter, to enable the voter to verify or correct their voter registration cancellation.
(A)The forwardable notice shall be provided in the persons preferred language if the county is required to provide translated ballots in that language pursuant to Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).
(B)The notice shall include a statement substantially similar to the following:
IMPORTANT NOTICE. Your voter registration record was canceled on [date]. This cancellation is due to information the [county name] County elections office has received indicating your ineligibility to vote in that county due to death, pursuant to the California Elections Code, as applicable.
If you believe this cancellation is in error, please notify our office within 15 days from the date of this notice either by returning the attached postage-paid postcard or by calling [county elections office phone number] toll free.
If we do not receive your response to this notice, you may be required to reregister to vote in the next election or to vote using a provisional ballot. You can find more information about voter eligibility rules on the Secretary of States internet website at [URL] or voter hotline at [phone numbers]. You can also check your current registration status at [URL].
(2)The preaddressed return form described in paragraph (1) shall include all of the following:
(A)Space for the voter to provide their current place of residence.
(B)Space for the voter to provide their current mailing address, if different from the place of residence.
(C)A box next to a statement substantially similar to the following: The cancellation of my voter record is in error because I have not died. Additionally, if I have moved, I have provided my new residential address on this form.
(D)Space for the voter to provide their signature and the date.
(3)The elections official may send additional notices to a voter, and may also notify the voter in person, by telephone or email, or by other means of the planned registration cancellation.
(e)(1)The Secretary of State shall submit a report an update on January 1, 2025, and on the first of each month thereafter, detailing its efforts and progress in fully implementing and achieving compliance with Sections 2208, 2209, 2210, 2211, 2211.5, and 2214 to all of the following committees:
(A)The Assembly Committee on Elections.
(B)The Senate Committee on Elections and Constitutional Amendments.
(C)The relevant subcommittee of the Assembly Committee on Budget.
(D)The relevant subcommittee of the Senate Committee on Budget and Fiscal Review.
(E)The Joint Committee on Legislative Audit.
(2)The Secretary of State shall not be required to submit the report update required pursuant to paragraph (1) after the Secretary of State certifies to the committees described in paragraph (1) that it has taken all steps necessary to fully implement and administer Sections 2208, 2209, 2210, 2211, 2211.5, and 2214.
(f)This section shall become inoperative on July 1, 2025, and, as of January 1, 2026, is repealed.
SEC. 2.Section 2201 is added to the Elections Code, to read:2201.(a)The county elections official shall cancel the registration in the following cases:
(1)At the signed, written request of the person registered.
(2)When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211. The county elections office shall use only information provided by the Secretary of State pursuant to subdivision (d) of Section 2211.5 to cancel a voter registration for this reason.
(3)Upon proof that the person is presently imprisoned for conviction of a felony. The county elections office shall use only information provided by the Secretary of State pursuant to subdivision (d) of Section 2212, by a United States District Court, or by the Federal Bureau of Prisons to cancel a voter registration for this reason.
(4)Upon the production of a certified copy of a judgment directing the cancellation to be made.
(5)Upon the death of the person registered.
(6)Pursuant to Article 2 (commencing with Section 2220).
(7)Upon official notification that the voter is registered to vote in another state.
(8)Upon proof that the person is otherwise ineligible to vote.
(b)The Secretary of State may cancel the registration in the following cases:
(1)When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211.
(2)Upon proof that the person is presently imprisoned for the conviction of a felony.
(3)Upon the death of the person registered.
(c)(1)Between 15 and 30 days, inclusive, before canceling a persons registration for the reasons specified in paragraph (2), (3), (5), or (6) of subdivision (a), the county elections official shall send a forwardable notice by first-class mail, including a postage-paid and preaddressed return form, to the voter.
(A)The forwardable notice shall be provided in the persons preferred language if the county is required to provide translated ballots in that language pursuant to Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).
(B)The notice shall include a statement substantially similar to the following:
IMPORTANT NOTICE. Your voter registration record is scheduled to be canceled on [date]. This cancellation is due to information the [county name] County elections office has received indicating your ineligibility to vote in that county due to a change of residence, death, prison commitment or mental incapacity to vote pursuant to Sections 2208, 2209, 2210, or 2211 of the California Elections Code, as applicable.
If you believe this cancellation is in error, please notify our office within 15 days from the date of this notice either by returning the attached postage-paid postcard or by calling [county elections office phone number] toll free.
If we do not receive your response to this notice, you may be required to reregister to vote in the next election or to vote using a provisional ballot. You can find more information about voter eligibility rules on the Secretary of States internet website at [URL] or voter hotline at [phone numbers]. You can also check your current registration status at [URL].
(2)The preaddressed return form described in paragraph (1) shall include all of the following:
(A)Space for the voter to provide their current place of residence.
(B)Space for the voter to provide their current mailing address, if different from the place of residence.
(C)A box next to a statement substantially similar to the following: The cancellation of my voter record is in error because I have not been deemed mentally incompetent to vote by a court of law, I am not currently serving a state or federal prison term, and I have not died. Additionally, if I have moved, I have provided my new residential address on this form.
(D)Space for the voter to provide their signature and the date.
(3)The elections official may send additional written notices to a voter, and may also notify the voter in person, by telephone or email, or by other means of the planned registration cancellation.
(d)This section shall become operative on July 1, 2025.
SEC. 3.If the Commission on State Mandates determines that this act contains 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.
(a)The county elections official shall cancel the registration in the following cases:
(1)At the signed, written request of the person registered.
(2)When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211. The county elections office shall use only information provided by the Secretary of State pursuant to subdivision (d) of Section 2211.5 to cancel a voter registration for this reason.
(3)Upon proof that the person is presently imprisoned for conviction of a felony. The county elections office shall use only information provided by the Secretary of State pursuant to subdivision (d) of Section 2212, by a United States District Court, or by the Federal Bureau of Prisons to cancel a voter registration for this reason.
(4)Upon the production of a certified copy of a judgment directing the cancellation to be made.
(5)Upon the death of the person registered.
(6)Pursuant to Article 2 (commencing with Section 2220).
(7)Upon official notification that the voter is registered to vote in another state.
(8)Upon proof that the person is otherwise ineligible to vote.
(b)The Secretary of State may cancel the registration in the following cases:
(1)When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211.
(2)Upon proof that the person is presently imprisoned for the conviction of a felony.
(3)Upon the death of the person registered.
(c)(1)Between 15 and 30 days, inclusive, before canceling a persons registration for the reasons specified in paragraphs (2) or (3) (2), (3), or (6) of subdivision (a), the county elections official shall send a forwardable notice by first-class mail, including a postage-paid and preaddressed return form, to the voter.
(A)The forwardable notice shall be provided in the persons preferred language if the county is required to provide translated ballots in that language pursuant to Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).
(B)The notice shall include a statement substantially similar to the following:
IMPORTANT NOTICE. Your voter registration record is scheduled to be canceled on [date]. This cancellation is due to information the [county name] County elections office has received indicating your ineligibility to vote in that county due to a prison commitment or mental incapacity to vote pursuant to Sections 2208, 2209, 2210, or 2211 of the California Elections Code, as applicable.
If you believe this cancellation is in error, please notify our office within 15 days from the date of this notice either by returning the attached postage-paid postcard or by calling [county elections office phone number] toll free.
If we do not receive your response to this notice, you may be required to reregister to vote in the next election or to vote using a provisional ballot. You can find more information about voter eligibility rules on the Secretary of States internet website at [URL] or voter hotline at [phone numbers]. You can also check your current registration status at [URL].
(2)The preaddressed return form described in paragraph (1) shall include all of the following:
(A)Space for the voter to provide their current place of residence.
(B)Space for the voter to provide their current mailing address, if different from the place of residence.
(C)A box next to a statement substantially similar to the following: The cancellation of my voter record is in error because I have not been deemed mentally incompetent to vote by a court of law, law and I am not currently serving a state or federal prison term, and I have not died. term. Additionally, if I have moved, I have provided my new residential address on this form.
(D)Space for the voter to provide their signature and the date.
(3)The elections official may send additional written notices to a voter, and may also notify the voter in person, by telephone or email, or by other means of the planned registration cancellation.
(d)(1)Within 15 days before or after cancellation of a voters registration for the reasons reason specified in paragraph (5) or (6) of subdivision (a), the county elections official shall send a forwardable notice by first-class mail, including a postage-paid and preaddressed return form, to the voter, to enable the voter to verify or correct their voter registration cancellation.
(A)The forwardable notice shall be provided in the persons preferred language if the county is required to provide translated ballots in that language pursuant to Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).
(B)The notice shall include a statement substantially similar to the following:
IMPORTANT NOTICE. Your voter registration record was canceled on [date]. This cancellation is due to information the [county name] County elections office has received indicating your ineligibility to vote in that county due to a change or residence or death, pursuant to the California Elections Code, as applicable.
If you believe this cancellation is in error, please notify our office within 15 days from the date of this notice either by returning the attached postage-paid postcard or by calling [county elections office phone number] toll free.
If we do not receive your response to this notice, you may be required to reregister to vote in the next election or to vote using a provisional ballot. You can find more information about voter eligibility rules on the Secretary of States internet website at [URL] or voter hotline at [phone numbers]. You can also check your current registration status at [URL].
(2)The preaddressed return form described in paragraph (1) shall include all of the following:
(A)Space for the voter to provide their current place of residence.
(B)Space for the voter to provide their current mailing address, if different from the place of residence.
(C)A box next to a statement substantially similar to the following: The cancellation of my voter record is in error because I have not been deemed mentally incompetent to vote by a court of law, I am not currently serving a state or federal prison term, and I have not died. Additionally, if I have moved, I have provided my new residential address on this form.
(D)Space for the voter to provide their signature and the date.
(3)The elections official may send additional notices to a voter, and may also notify the voter in person, by telephone or email, or by other means of the planned registration cancellation.
(e)(1)The Secretary of State shall submit a report on January 1, 2025, and on the first of each month thereafter, detailing its efforts and progress in fully implementing and achieving compliance with Sections 2208, 2209, 2210, 2211, 2211.5, and 2214 to all of the following committees:
(A)The Assembly Committee on Elections.
(B)The Senate Committee on Elections and Constitutional Amendments.
(C)The relevant subcommittee of the Assembly Committee on Budget.
(D)The relevant subcommittee of the Senate Committee on Budget and Fiscal Review.
(E)The Joint Committee on Legislative Audit.
(2)The Secretary of State shall not be required to submit the report required pursuant to paragraph (1) after the Secretary of State certifies to the committees described in paragraph (1) that it has taken all steps necessary to fully implement and administer Sections 2208, 2209, 2210, 2211, 2211.5, and 2214.
(e)(f)This section shall become inoperative on July 1, 2025, and, as of January 1, 2026, is repealed.
SEC. 2.Section 2201 is added to the Elections Code, to read:2201.(a)The county elections official shall cancel the registration in the following cases:
(1)At the signed, written request of the person registered.
(2)When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211. The county elections office shall use only information provided by the Secretary of State pursuant to subdivision (d) of Section 2211.5 to cancel a voter registration for this reason.
(3)Upon proof that the person is presently imprisoned for conviction of a felony. The county elections office shall use only information provided by the Secretary of State pursuant to subdivision (d) of Section 2212, by a United States District Court, or by the Federal Bureau of Prisons to cancel a voter registration for this reason.
(4)Upon the production of a certified copy of a judgment directing the cancellation to be made.
(5)Upon the death of the person registered.
(6)Pursuant to Article 2 (commencing with Section 2220).
(7)Upon official notification that the voter is registered to vote in another state.
(8)Upon proof that the person is otherwise ineligible to vote.
(b)The Secretary of State may cancel the registration in the following cases:
(1)When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211.
(2)Upon proof that the person is presently imprisoned for the conviction of a felony.
(3)Upon the death of the person registered.
(c)(1)Between 15 and 30 days, inclusive, before canceling a persons registration for the reasons specified in paragraphs paragraph (2), (3), (5), or (6) of subdivision (a), the county elections official shall send a forwardable notice by first-class mail, including a postage-paid and preaddressed return form, to the voter.
(A)The forwardable notice shall be provided in the persons preferred language if the county is required to provide translated ballots in that language pursuant to Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).
(B)The notice shall include a statement substantially similar to the following:
IMPORTANT NOTICE. Your voter registration record is scheduled to be canceled on [date]. This cancellation is due to information the [county name] County elections office has received indicating your ineligibility to vote in that county due to a change of residence, death, prison commitment or mental incapacity to vote pursuant to Sections 2208, 2209, 2210, or 2211 of the California Elections Code, as applicable.
If you believe this cancellation is in error, please notify our office within 15 days from the date of this notice either by returning the attached postage-paid postcard or by calling [county elections office phone number] toll free.
If we do not receive your response to this notice, you may be required to reregister to vote in the next election or to vote using a provisional ballot. You can find more information about voter eligibility rules on the Secretary of States internet website at [URL] or voter hotline at [phone numbers]. You can also check your current registration status at [URL].
(2)The preaddressed return form described in paragraph (1) shall include all of the following:
(A)Space for the voter to provide their current place of residence.
(B)Space for the voter to provide their current mailing address, if different from the place of residence.
(C)A box next to a statement substantially similar to the following: The cancellation of my voter record is in error because I have not been deemed mentally incompetent to vote by a court of law, I am not currently serving a state or federal prison term, and I have not died. Additionally, if I have moved, I have provided my new residential address on this form.
(D)Space for the voter to provide their signature and the date.
(3)The elections official may send additional written notices to a voter, and may also notify the voter in person, by telephone or email, or by other means of the planned registration cancellation.
(d)This section shall become operative on July 1, 2025.
SEC. 3.If the Commission on State Mandates determines that this act contains 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.
(a)The county elections official shall cancel the registration in the following cases:
(1)At the signed, written request of the person registered.
(2)When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211. The county elections office shall use only information provided by the Secretary of State pursuant to subdivision (d) of Section 2211.5 to cancel a voter registration for this reason.
(3)Upon proof that the person is presently imprisoned for conviction of a felony. The county elections office shall use only information provided by the Secretary of State pursuant to subdivision (d) of Section 2212, by a United States District Court, or by the Federal Bureau of Prisons to cancel a voter registration for this reason.
(4)Upon the production of a certified copy of a judgment directing the cancellation to be made.
(5)Upon the death of the person registered.
(6)Pursuant to Article 2 (commencing with Section 2220).
(7)Upon official notification that the voter is registered to vote in another state.
(8)Upon proof that the person is otherwise ineligible to vote.
(b)The Secretary of State may cancel the registration in the following cases:
(1)When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211.
(2)Upon proof that the person is presently imprisoned for the conviction of a felony.
(3)Upon the death of the person registered.
(c)(1)Between 15 and 30 days, inclusive, before canceling a persons registration for the reasons specified in paragraphs (2), (3), (5), or (6) (2) or (3) of subdivision (a), the county elections official shall send a forwardable notice by first-class mail, including a postage-paid and preaddressed return form, to the person. voter.
(A)The forwardable notice shall be provided in the persons preferred language if the county is required to provide translated ballots in that language pursuant to Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).
(B)The notice shall include a statement substantially similar to the following:
IMPORTANT NOTICE. Your voter registration record is scheduled to be canceled on [date]. This cancellation is due to information the [county name] County elections office has received indicating your ineligibility to vote in that county due to a change of residence, death, mental incapacity to vote, or a prison commitment or mental incapacity to vote pursuant to Sections 2208, 2209, 2210, or 2211 of the California Elections Code, as applicable.
If you believe this cancellation is an in error, please notify our office within 15 days from the date of this notice either by returning the attached postage-paid postcard or by calling [county elections office phone number] toll free.
If we do not receive your response to this notice, you may be required to reregister to vote in the next election or to vote using a provisional ballot. You can find more information about voter eligibility rules on the Secretary of States internet website at [URL] or voter hotline at [phone numbers]. You can also check your current registration status at [URL].
(2)The preaddressed return form described in paragraph (1) shall include all of the following:
(A)Space for the voter to provide their current place of residence.
(B)Space for the voter to provide their current mailing address, if different from the place of residence.
(C)A box next to a statement substantially similar to the following: I The cancellation of my voter record is in error because I have not been deemed mentally incompetent to vote by a court of law, I am not currently serving a state or federal prison term. term, and I have not died. Additionally, if I have moved, I have provided my new residential address on this form.
(D)Space for the voter to provide their signature and the date.
(3)The elections official may send additional written notices to a voter, and may also notify the voter in person, by telephone or email, or by other means of the planned registration cancellation.
(d)(1)Within 15 days after cancellation of a voters registration for the reasons specified in paragraph (5) or (6) of subdivision (a), the county elections official shall send a forwardable notice by first-class mail, including a postage-paid and preaddressed return form, to the voter, to enable the voter to verify or correct their voter registration cancellation.
(A)The forwardable notice shall be provided in the persons preferred language if the county is required to provide translated ballots in that language pursuant to Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).
(B)The notice shall include a statement substantially similar to the following:
IMPORTANT NOTICE. Your voter registration record was canceled on [date]. This cancellation is due to information the [county name] County elections office has received indicating your ineligibility to vote in that county due to a change or residence or death, pursuant to the California Elections Code, as applicable.
If you believe this cancellation is in error, please notify our office within 15 days from the date of this notice either by returning the attached postage-paid postcard or by calling [county elections office phone number] toll free.
If we do not receive your response to this notice, you may be required to reregister to vote in the next election or to vote using a provisional ballot. You can find more information about voter eligibility rules on the Secretary of States internet website at [URL] or voter hotline at [phone numbers]. You can also check your current registration status at [URL].
(2)The preaddressed return form described in paragraph (1) shall include all of the following:
(A)Space for the voter to provide their current place of residence.
(B)Space for the voter to provide their current mailing address, if different from the place of residence.
(C)A box next to a statement substantially similar to the following: The cancellation of my voter record is in error because I have not been deemed mentally incompetent to vote by a court of law, I am not currently serving a state or federal prison term, and I have not died. Additionally, if I have moved, I have provided my new residential address on this form.
(D)Space for the voter to provide their signature and the date.
(3)The elections official may send additional notices to a voter, and may also notify the voter in person, by telephone or email, or by other means of the planned registration cancellation.
(d)This section shall become operative on January 1, 2024.(e)This section shall become inoperative on July 1, 2025, and, as of January 1, 2026, is repealed.
SEC. 2.Section 2201 is added to the Elections Code, to read:2201.(a)The county elections official shall cancel the registration in the following cases:
(1)At the signed, written request of the person registered.
(2)When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211. The county elections office shall use only information provided by the Secretary of State pursuant to subdivision (d) of Section 2211.5 to cancel a voter registration for this reason.
(3)Upon proof that the person is presently imprisoned for conviction of a felony. The county elections office shall use only information provided by the Secretary of State pursuant to subdivision (d) of Section 2212, by a United States District Court, or by the Federal Bureau of Prisons to cancel a voter registration for this reason.
(4)Upon the production of a certified copy of a judgment directing the cancellation to be made.
(5)Upon the death of the person registered.
(6)Pursuant to Article 2 (commencing with Section 2220).
(7)Upon official notification that the voter is registered to vote in another state.
(8)Upon proof that the person is otherwise ineligible to vote.
(b)The Secretary of State may cancel the registration in the following cases:
(1)When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211.
(2)Upon proof that the person is presently imprisoned for the conviction of a felony.
(3)Upon the death of the person registered.
(c)(1)Between 15 and 30 days, inclusive, before canceling a persons registration for the reasons specified in paragraphs (2), (3), (5), or (6) of subdivision (a), the county elections official shall send a forwardable notice by first-class mail, including a postage-paid and preaddressed return form, to the voter.
(A)The forwardable notice shall be provided in the persons preferred language if the county is required to provide translated ballots in that language pursuant to Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).
(B)The notice shall include a statement substantially similar to the following:
IMPORTANT NOTICE. Your voter registration record is scheduled to be canceled on [date]. This cancellation is due to information the [county name] County elections office has received indicating your ineligibility to vote in that county due to a change of residence, death, prison commitment or mental incapacity to vote pursuant to Sections 2208, 2209, 2210, or 2211 of the California Elections Code, as applicable.
If you believe this cancellation is in error, please notify our office within 15 days from the date of this notice either by returning the attached postage-paid postcard or by calling [county elections office phone number] toll free.
If we do not receive your response to this notice, you may be required to reregister to vote in the next election or to vote using a provisional ballot. You can find more information about voter eligibility rules on the Secretary of States internet website at [URL] or voter hotline at [phone numbers]. You can also check your current registration status at [URL].
(2)The preaddressed return form described in paragraph (1) shall include all of the following:
(A)Space for the voter to provide their current place of residence.
(B)Space for the voter to provide their current mailing address, if different from the place of residence.
(C)A box next to a statement substantially similar to the following: The cancellation of my voter record is in error because I have not been deemed mentally incompetent to vote by a court of law, I am not currently serving a state or federal prison term, and I have not died. Additionally, if I have moved, I have provided my new residential address on this form.
(D)Space for the voter to provide their signature and the date.
(3)The elections official may send additional written notices to a voter, and may also notify the voter in person, by telephone or email, or by other means of the planned registration cancellation.
(d)This section shall become operative on July 1, 2025.
SEC. 3.If the Commission on State Mandates determines that this act contains 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.
SECTION 1.Section 15621 of the Elections Code is amended to read:15621.(a)Following completion of the official canvass any voter may, within five days beginning on the 31st day after a statewide election, file with the Secretary of State a written request for a recount of the votes cast for candidates for any statewide office or for or against any measure voted on statewide. The request filed pursuant to this section shall specify in which county or counties the recount is sought and shall specify on behalf of which candidate, slate of electors, or position on a measure (affirmative or negative) it is filed.(b)The Secretary of State shall forthwith send by electronic delivery one copy of the request to the elections official of each county in which a recount of the votes is sought and the elections official shall provide written confirmation to the Secretary of State of the electronic delivery required in this subdivision.(c)All the other provisions of this article apply to recounts conducted under this section.SEC. 2.If the Commission on State Mandates determines that this act contains 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.(a)Following completion of the official canvass any voter may, within five days beginning on the 31st day after a statewide election, file with the Secretary of State a written request for a recount of the votes cast for candidates for any statewide office or for or against any measure voted on statewide. The request filed pursuant to this section shall specify in which county or counties the recount is sought and shall specify on behalf of which candidate, slate of electors, or position on a measure (affirmative or negative) it is filed.
(b)The Secretary of State shall forthwith send by registered mail electronic delivery one copy of the request to the elections official of each county in which a recount of the votes is sought. sought and the elections official shall provide written confirmation to the Secretary of State of the electronic delivery required in this subdivision.
(c)All the other provisions of this article apply to recounts conducted under this section.
SEC. 2.If the Commission on State Mandates determines that this act contains 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.
|
Date
|
Status
|
|---|---|
| Sep 22, 2024 | Chaptered by Secretary of State - Chapter 424, Statutes of 2024. |
| Sep 22, 2024 | Approved by the Governor. |
| Sep 11, 2024 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 30, 2024 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 73. Noes 0.). |
| Aug 29, 2024 | From committee: That the Senate amendments be concurred in. (Ayes 8. Noes 0.) (August 29). |
| Aug 28, 2024 | Re-referred to Com. on ELECTIONS. pursuant to Assembly Rule 77.2. |
| Aug 28, 2024 | Joint Rule 62(a), file notice suspended. |
| Aug 28, 2024 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 30 pursuant to Assembly Rule 77. |
| Aug 28, 2024 | Assembly Rule 77 suspended. |
| Aug 27, 2024 | Read third time. Passed. Ordered to the Assembly. (Ayes 31. Noes 8.). |
| Aug 22, 2024 | Read second time. Ordered to third reading. |
| Aug 21, 2024 | Read third time and amended. Ordered to second reading. |
| Aug 6, 2024 | Read second time. Ordered to third reading. |
| Aug 5, 2024 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8. |
| Jul 3, 2024 | Read second time and amended. Re-referred to Com. on APPR. |
| Jul 3, 2024 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (July 2). |
| Jun 27, 2024 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E. & C.A. |
| Jun 10, 2024 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E. & C.A. |
| May 22, 2024 | Referred to Com. on E. & C.A. |
| May 9, 2024 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 9, 2024 | Read third time. Passed. Ordered to the Senate. (Ayes 65. Noes 0. Page 5161.) |
| May 2, 2024 | Read second time. Ordered to Consent Calendar. |
| May 1, 2024 | From committee: Do pass. To Consent Calendar. (Ayes 14. Noes 0.) (May 1). |
| Apr 10, 2024 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 8. Noes 0.) (April 10). Re-referred to Com. on APPR. |
| Mar 11, 2024 | Referred to Com. on ELECTIONS. |
| Feb 17, 2024 | From printer. May be heard in committee March 18. |
| Feb 16, 2024 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 30, 2024 | AB 2951 Cervantes Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 29, 2024 | With recommendation: That Senate amendments be concurred in. | Assembly Standing Committee on Elections |
Passed |
|
| Aug 27, 2024 | Assembly 3rd Reading AB2951 Cervantes et al. By Allen | Senate Floor |
Passed |
|
| Jul 2, 2024 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Elections and Constitutional Amendments |
Passed |
|
| May 9, 2024 | AB 2951 Cervantes Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| May 1, 2024 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 10, 2024 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Elections |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| California Association Of Clerks & Election Officials | ** Support | |
| Secretary of State Shirley N. Weber, Ph.D. | ** Support |
CONCURRENCE IN SENATE AMENDMENTS
CSA2 Bill Id:AB 2951
Author:(Cervantes and Low)
As Amended Ver:August 21, 2024
Majority vote
SUMMARY
Original Committee of Reference: ELECTIONS
Permits a county elections official who is canceling a voter's registration due to the death of the voter, from January 1 to June 30, 2025, to send the required notification of that cancellation after the registration is canceled, instead of sending it prior to the cancellation as is required by existing law. Requires the Secretary of State (SOS) to update the Legislature monthly on its progress in making changes to allow for these notices to be sent prior to the cancellation of a voter's registration
Senate Amendments
Current Committee Recommendation: Concur
The Senate amendments delete the Assembly-approved version of this bill, and instead:
- Permit a county elections official, during the period of January 1, 2025 through June 30, 2025, when the official sends a required notice that a voter's registration is being canceled due to the death of the voter, to send that notice within 15 days either before or after the cancellation of the registration. Require a county elections official, beginning July 1, 2025, to send these notices between 15 and 30 days before canceling a person's registration due to the death of the voter.
- Specify that the only information a county elections official may use as the basis for canceling a voter registration on the grounds that the mental incompetency of the person has been established is information provided by the SOS that the SOS receives from county court clerks, as specified.
- Specify that the only information a county elections official may use as the basis for canceling a voter registration on the grounds that the person is currently imprisoned for conviction of a felony is information provided by the SOS that the SOS receives from the California Department of Corrections and Rehabilitation (CDCR), or information provided by a United States District Court or the Federal Bureau of Prisons, as specified.
- Require the SOS to file monthly updates with relevant Senate and Assembly policy committees and budget subcommittees, as well as the Joint Legislative Audit Committee, on its progress in fully implementing specified provisions of law related to the notification of voters prior to the cancellation of those voters' registrations for specified reasons. Provide that the SOS may stop filing these updates once it certifies that it has taken all steps necessary to fully implement and administer those provisions.
- Make minor, clarifying, and technical changes.
COMMENTS
As approved by the Assembly earlier this year, this bill would have changed the method by which the SOS notifies county elections officials of a voter's request for a recount of an election for statewide office or a statewide ballot measure. Subsequent to the Assembly's approval, this bill was amended in the Senate to delete the Assembly-approved provisions and to add the current provisions. In light of the substantive Senate amendments, this bill was re-referred to the Assembly Elections Committee for further consideration pursuant to Assembly Rule 77.2. On August 29, 2024, the Assembly Elections Committee recommended, by a 8-0 vote, that the Senate amendments be concurred in.
In 2002, the federal government enacted the Help America Vote Act (HAVA) to improve the administration of federal elections. HAVA required every state to implement a statewide voter registration database, which serves as the official list of eligible voters for any federal election held within the state. California's database—known as VoteCal—was fully deployed in 2016.
Although VoteCal maintains official voter registration information for all voters in all 58 California counties, each county elections official is responsible for maintaining the registrations of voters who are registered in that official's county. Each of California's 58 counties has its own election management system that is used to maintain the county's voter registration records, and which syncs with VoteCal on a regular basis. VoteCal accepts information from and sends information to the county systems to help ensure the voter registration rolls are accurate and up to date in part by comparing data across counties.
AB 2841 (Low), Chapter 807, Statutes of 2022, required county elections officials to notify a voter by mail between 15 and 30 days before canceling that person's voter registration for one of four specified reasons (mental incompetency, felony imprisonment, death, and certain changes of address), among other provisions. The author and proponents of AB 2841 argued that these pre-cancellation notices would help protect against erroneous cancellations due to faulty data or false matches between different agencies' records. AB 2841 had a delayed implementation date, and went into effect at the beginning of this year.
In January of this year, the SOS sent a memorandum to county elections officials outlining the process for voter registration cancellations under AB 2841. In that memo, the SOS noted that VoteCal cancels a voter's registration automatically when it is determined that there is a match between death records and a registration record in VoteCal. Accordingly, until changes are made to VoteCal, counties may be unable to send a cancellation notice to the voter before that cancellation occurs. Instead, the memo indicated that until VoteCal is modified, counties would need to send a post-cancellation notice rather than sending a notice 15 to 30 days before the cancellation of the registration.
This bill permits a county elections official, in cases where a voter has died, to send the notices mandated by AB 2841 either 15 to 30 days before canceling the voter's registration, or up to 15 days after canceling the registration. This "before or after" option would be available to counties from January 1, 2025, to June 30, 2025, after which time the notices would be required to be sent prior to cancellation.
Although changes also need to be made to VoteCal to automate the process of sending pre-cancellation notices for cancellations due to mental incompetency, felony imprisonment, and certain changes of address, the SOS has developed a manual process that allows counties to send pre-cancellation notices to those voters consistent with the requirements of AB 2841.
The SOS states based on the information it has today and assuming there are "no intervening unforeseen circumstances," it will be able to make the necessary changes to VoteCal to fully implement AB 2841 by the July 1, 2025, deadline it asked to be placed in this bill.
Please see the policy committee analysis for a full discussion of this bill.
According to the Author
"Assembly Bill 2841, which was enacted in 2022, provided guardrails against erroneous cancellations in voter registration caused by errors in reporting systems and overly aggressive purges of voter rolls. These include sending pre-cancellation notices to voters and providing them with the opportunity to cancel an erroneous cancellation of their voter registration. Since the bill's enactment, the Secretary of State's Office has implemented many of its provisions. However, the Secretary's Office requires additional time to make technological upgrades to VoteCal, the state's centralized voter registration database, in order to have the capacity to send pre-cancellation notices to voters when a court order indicates that their voter registration status has changed due to death or a change of address. Assembly Bill 2951 would provide that time by delaying implementation of those requirements of AB 2841 until July 1, 2025."
Arguments in Support
The sponsor of this bill, Secretary of State Shirley N. Weber, Ph.D., writes in support, "This bill is a follow-up to AB 2841 (Low), Chapter 807, Statutes of 2022, and will extend the implementation deadline for a specific requirement of that earlier legislation with respect to necessary system upgrades to VoteCal, the State of California's centralized voter registration database. Specifically, this measure will extend to July 1, 2025, the deadline for implementation of upgrades to the VoteCal system, pertaining to voters whose registration status may be subject to change due to death. As of 2022, our office determined that it would not be possible to achieve full implementation of AB 2841 by January 1, 2024. Nonetheless, the Elections Division after a major effort has implemented most AB 2841 provisions through a manual process and continues to work toward full implementation by July 2025. Based on the information provided by SOS staff, and assuming no intervening unforeseen circumstances, we are confident that our office can achieve full implementation of AB 2841 by July 1, 2025."
Arguments in Opposition
None received.
FISCAL COMMENTS
According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs. State-mandated local program; contains reimbursement direction.
VOTES
ASM ELECTIONS: 8-0-0
YES: Pellerin, Lackey, Bennett, Berman, Cervantes, Essayli, Low, Weber
ASM APPROPRIATIONS: 14-0-1
YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Grayson, Haney, Hart, Pellerin, Ta, Villapudua
ABS, ABST OR NV: Jim Patterson
ASSEMBLY FLOOR: 65-0-15
YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Essayli, Mike Fong, Vince Fong, Friedman, Gallagher, Garcia, Gipson, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Soria, Ta, Valencia, Villapudua, Waldron, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
ABS, ABST OR NV: Bains, Cervantes, Megan Dahle, Flora, Gabriel, Grayson, Haney, Low, Mathis, Stephanie Nguyen, Petrie-Norris, Luz Rivas, Schiavo, Ting, Wallis
SENATE FLOOR: 31-8-1
YES: Allen, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dodd, Durazo, Eggman, Glazer, Gonzalez, Hurtado, Laird, Limón, McGuire, Menjivar, Min, Newman, Padilla, Portantino, Roth, Rubio, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener
NO: Alvarado-Gil, Dahle, Grove, Jones, Nguyen, Ochoa Bogh, Seyarto, Wilk
ABS, ABST OR NV: Niello
ASM ELECTIONS: 8-0-0
YES: Pellerin, Lackey, Bennett, Berman, Addis, Essayli, Low, Weber
UPDATED
VERSION: August 21, 2024
CONSULTANT: Ethan Jones / ELECTIONS / (916) 319-2094 FN: 0004987
CONCURRENCE IN SENATE AMENDMENTS
CSA2 Bill Id:AB 2951
Author:(Cervantes and Low)
As Amended Ver:August 21, 2024
Majority vote
SUMMARY
Original Committee of Reference: ELECTIONS
Permits a county elections official who is canceling a voter's registration due to the death of the voter, from January 1 to June 30, 2025, to send the required notification of that cancellation after the registration is canceled, instead of sending it prior to the cancellation as is required by existing law. Requires the Secretary of State (SOS) to update the Legislature monthly on its progress in making changes to allow for these notices to be sent prior to the cancellation of a voter's registration
Senate Amendments
Current Committee Recommendation: Concur
The Senate amendments delete the Assembly-approved version of this bill, and instead:
- Permit a county elections official, during the period of January 1, 2025 through June 30, 2025, when the official sends a required notice that a voter's registration is being canceled due to the death of the voter, to send that notice within 15 days either before or after the cancellation of the registration. Require a county elections official, beginning July 1, 2025, to send these notices between 15 and 30 days before canceling a person's registration due to the death of the voter.
- Specify that the only information a county elections official may use as the basis for canceling a voter registration on the grounds that the mental incompetency of the person has been established is information provided by the SOS that the SOS receives from county court clerks, as specified.
- Specify that the only information a county elections official may use as the basis for canceling a voter registration on the grounds that the person is currently imprisoned for conviction of a felony is information provided by the SOS that the SOS receives from the California Department of Corrections and Rehabilitation (CDCR), or information provided by a United States District Court or the Federal Bureau of Prisons, as specified.
- Require the SOS to file monthly updates with relevant Senate and Assembly policy committees and budget subcommittees, as well as the Joint Legislative Audit Committee, on its progress in fully implementing specified provisions of law related to the notification of voters prior to the cancellation of those voters' registrations for specified reasons. Provide that the SOS may stop filing these updates once it certifies that it has taken all steps necessary to fully implement and administer those provisions.
- Make minor, clarifying, and technical changes.
COMMENTS
As approved by the Assembly earlier this year, this bill would have changed the method by which the SOS notifies county elections officials of a voter's request for a recount of an election for statewide office or a statewide ballot measure. Subsequent to the Assembly's approval, this bill was amended in the Senate to delete the Assembly-approved provisions and to add the current provisions. In light of the substantive Senate amendments, this bill was re-referred to the Assembly Elections Committee for further consideration pursuant to Assembly Rule 77.2. On August 29, 2024, the Assembly Elections Committee recommended, by a 8-0 vote, that the Senate amendments be concurred in.
In 2002, the federal government enacted the Help America Vote Act (HAVA) to improve the administration of federal elections. HAVA required every state to implement a statewide voter registration database, which serves as the official list of eligible voters for any federal election held within the state. California's database—known as VoteCal—was fully deployed in 2016.
Although VoteCal maintains official voter registration information for all voters in all 58 California counties, each county elections official is responsible for maintaining the registrations of voters who are registered in that official's county. Each of California's 58 counties has its own election management system that is used to maintain the county's voter registration records, and which syncs with VoteCal on a regular basis. VoteCal accepts information from and sends information to the county systems to help ensure the voter registration rolls are accurate and up to date in part by comparing data across counties.
AB 2841 (Low), Chapter 807, Statutes of 2022, required county elections officials to notify a voter by mail between 15 and 30 days before canceling that person's voter registration for one of four specified reasons (mental incompetency, felony imprisonment, death, and certain changes of address), among other provisions. The author and proponents of AB 2841 argued that these pre-cancellation notices would help protect against erroneous cancellations due to faulty data or false matches between different agencies' records. AB 2841 had a delayed implementation date, and went into effect at the beginning of this year.
In January of this year, the SOS sent a memorandum to county elections officials outlining the process for voter registration cancellations under AB 2841. In that memo, the SOS noted that VoteCal cancels a voter's registration automatically when it is determined that there is a match between death records and a registration record in VoteCal. Accordingly, until changes are made to VoteCal, counties may be unable to send a cancellation notice to the voter before that cancellation occurs. Instead, the memo indicated that until VoteCal is modified, counties would need to send a post-cancellation notice rather than sending a notice 15 to 30 days before the cancellation of the registration.
This bill permits a county elections official, in cases where a voter has died, to send the notices mandated by AB 2841 either 15 to 30 days before canceling the voter's registration, or up to 15 days after canceling the registration. This "before or after" option would be available to counties from January 1, 2025, to June 30, 2025, after which time the notices would be required to be sent prior to cancellation.
Although changes also need to be made to VoteCal to automate the process of sending pre-cancellation notices for cancellations due to mental incompetency, felony imprisonment, and certain changes of address, the SOS has developed a manual process that allows counties to send pre-cancellation notices to those voters consistent with the requirements of AB 2841.
The SOS states based on the information it has today and assuming there are "no intervening unforeseen circumstances," it will be able to make the necessary changes to VoteCal to fully implement AB 2841 by the July 1, 2025, deadline it asked to be placed in this bill.
Please see the policy committee analysis for a full discussion of this bill.
According to the Author
"Assembly Bill 2841, which was enacted in 2022, provided guardrails against erroneous cancellations in voter registration caused by errors in reporting systems and overly aggressive purges of voter rolls. These include sending pre-cancellation notices to voters and providing them with the opportunity to cancel an erroneous cancellation of their voter registration. Since the bill's enactment, the Secretary of State's Office has implemented many of its provisions. However, the Secretary's Office requires additional time to make technological upgrades to VoteCal, the state's centralized voter registration database, in order to have the capacity to send pre-cancellation notices to voters when a court order indicates that their voter registration status has changed due to death or a change of address. Assembly Bill 2951 would provide that time by delaying implementation of those requirements of AB 2841 until July 1, 2025."
Arguments in Support
The sponsor of this bill, Secretary of State Shirley N. Weber, Ph.D., writes in support, "This bill is a follow-up to AB 2841 (Low), Chapter 807, Statutes of 2022, and will extend the implementation deadline for a specific requirement of that earlier legislation with respect to necessary system upgrades to VoteCal, the State of California's centralized voter registration database. Specifically, this measure will extend to July 1, 2025, the deadline for implementation of upgrades to the VoteCal system, pertaining to voters whose registration status may be subject to change due to death. As of 2022, our office determined that it would not be possible to achieve full implementation of AB 2841 by January 1, 2024. Nonetheless, the Elections Division after a major effort has implemented most AB 2841 provisions through a manual process and continues to work toward full implementation by July 2025. Based on the information provided by SOS staff, and assuming no intervening unforeseen circumstances, we are confident that our office can achieve full implementation of AB 2841 by July 1, 2025."
Arguments in Opposition
None received.
FISCAL COMMENTS
According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs. State-mandated local program; contains reimbursement direction.
VOTES
ASM ELECTIONS: 8-0-0
YES: Pellerin, Lackey, Bennett, Berman, Cervantes, Essayli, Low, Weber
ASM APPROPRIATIONS: 14-0-1
YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Grayson, Haney, Hart, Pellerin, Ta, Villapudua
ABS, ABST OR NV: Jim Patterson
ASSEMBLY FLOOR: 65-0-15
YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Essayli, Mike Fong, Vince Fong, Friedman, Gallagher, Garcia, Gipson, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Soria, Ta, Valencia, Villapudua, Waldron, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
ABS, ABST OR NV: Bains, Cervantes, Megan Dahle, Flora, Gabriel, Grayson, Haney, Low, Mathis, Stephanie Nguyen, Petrie-Norris, Luz Rivas, Schiavo, Ting, Wallis
SENATE FLOOR: 31-8-1
YES: Allen, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dodd, Durazo, Eggman, Glazer, Gonzalez, Hurtado, Laird, Limón, McGuire, Menjivar, Min, Newman, Padilla, Portantino, Roth, Rubio, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener
NO: Alvarado-Gil, Dahle, Grove, Jones, Nguyen, Ochoa Bogh, Seyarto, Wilk
ABS, ABST OR NV: Niello
ASM ELECTIONS: 8-0-0
YES: Pellerin, Lackey, Bennett, Berman, Addis, Essayli, Low, Weber
UPDATED
VERSION: August 21, 2024
CONSULTANT: Ethan Jones / ELECTIONS / (916) 319-2094 FN: 0004987
Date of Hearing: August 29, 2024
ASSEMBLY COMMITTEE ON ELECTIONS
Gail Pellerin, Chair
ABPCA Bill Id:AB 2951 (
Author:Cervantes) – As Amended Ver:August 21, 2024
CONCURRENCE IN SENATE AMENDMENTS
SUBJECT: Voter registration: cancellation.
SUMMARY: Permits a county elections official who is canceling a voter’s registration due to the death of the voter, from January 1 to June 30, 2025, to send the required notification of that cancellation after the registration is canceled, instead of sending it prior to the cancellation as is required by existing law. Requires the Secretary of State (SOS) to update the Legislature monthly on its progress in making changes to allow for these notices to be sent prior to the cancellation of a voter’s registration.
The Senate amendments delete the Assembly-approved version of this bill, and instead:
- Permit a county elections official, during the period of January 1, 2025 through June 30, 2025, when the official sends a required notice that a voter’s registration is being canceled due to the death of the voter, to send that notice within 15 days either before or after the cancellation of the registration. Require a county elections official, beginning July 1, 2025, to send these notices between 15 and 30 days before canceling a person’s registration due to the death of the voter.
- Specify that the only information a county elections official may use as the basis for canceling a voter registration on the grounds that the mental incompetency of the person has been established is information provided by the SOS that the SOS receives from county court clerks, as specified.
- Specify that the only information a county elections official may use as the basis for canceling a voter registration on the grounds that the person is currently imprisoned for conviction of a felony is information provided by the SOS that the SOS receives from the California Department of Corrections and Rehabilitation (CDCR), or information provided by a United States District Court or the Federal Bureau of Prisons, as specified.
- Require the SOS to file monthly updates with relevant Senate and Assembly policy committees and budget subcommittees, as well as the Joint Legislative Audit Committee, on its progress in fully implementing specified provisions of law related to the notification of voters prior to the cancellation of those voters’ registrations for specified reasons. Provide that the SOS may stop filing these updates once it certifies that it has taken all steps necessary to fully implement and administer those provisions.
- Make minor, clarifying, and technical changes.
EXISTING LAW:
- Requires each state, pursuant to the federal Help America Vote Act (HAVA), to maintain a statewide database of every legally registered voter in the state. (52 USC §21083) California’s federally-compliant database is known as VoteCal.
- Requires a county elections official to cancel a person’s voter registration in various situations, including as follows:
- When the mental incompetency of the person is legally established, as specified.
- Upon proof that the person is imprisoned for a felony conviction.
- Upon the person’s death.
- Upon receipt of information that the person’s residence address has changed, as specified. (Elections Code §2201(a))
- Requires a county elections official, between 15 and 30 days before canceling a person’s voter registration for any of the reasons specified above in 2), to send a forwardable notice to the person by first-class mail indicating that the person’s registration is scheduled to be canceled, and informing the person how to contact the elections official if the person believes that the cancellation is an error. (Elections Code §2201(c))
- Requires CDCR to provide the SOS with certain information on a weekly basis about people who are imprisoned for the conviction of a felony and under CDCR’s jurisdiction. Requires the SOS to identify any voter registration record in VoteCal that matches information from CDCR pertaining to a person imprisoned for a felony conviction, as specified. Requires the SOS to provide any matched record to the relevant county elections official, and requires the elections official to cancel the voter registration of the person. (Elections Code §2212)
- Requires the clerk of each county’s superior court, at least monthly, to provide the SOS with certain information about people who the court has determined are disqualified from voting due to mental incompetency, as specified. Requires the SOS to identify any voter registration record in VoteCal that matches information from the superior court clerk pertaining to a person who is disqualified from voting due to mental incompetency, as specified. Requires the SOS to provide any matched record to the relevant county elections official, and requires the elections official to cancel the voter registration of the person. (Elections Code §2211.5)
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs. State-mandated local program; contains reimbursement direction.
COMMENTS:
- Prior Assembly Consideration of This Bill: As approved by the Assembly earlier this year, this bill would have changed the method by which the SOS notifies county elections officials of a voter’s request for a recount of an election for statewide office or a statewide ballot measure. Subsequent to the Assembly's approval, this bill was amended in the Senate to delete the Assembly-approved provisions and to add the current provisions, which were approved by the Senate by a vote of 31-8 on August 27, 2024. As a result, this bill has been re-referred to this committee for further consideration pursuant to Assembly Rule 77.2.
- Purpose of the Bill: According to the author:
Assembly Bill 2841, which was enacted in 2022, provided guardrails against erroneous cancellations in voter registration caused by errors in reporting systems and overly aggressive purges of voter rolls. These include sending pre-cancellation notices to voters and providing them with the opportunity to cancel an erroneous cancellation of their voter registration. Since the bill’s enactment, the Secretary of State’s Office has implemented many of its provisions. However, the Secretary’s Office requires additional time to make technological upgrades to VoteCal, the state’s centralized voter registration database, in order to have the capacity to send pre-cancellation notices to voters when a court order indicates that their voter registration status has changed due to death or a change of address. Assembly Bill 2951 would provide that time by delaying implementation of those requirements of AB 2841 until July 1, 2025.
- Statewide Voter Registration Database: In 2002, the federal government enacted HAVA to improve the administration of federal elections. As detailed above, HAVA required every state to implement a statewide voter registration database, which serves as the official list of eligible voters for any federal election held within the state. California’s database—known as VoteCal—was fully deployed in 2016.
Although VoteCal maintains official voter registration information for all voters in all 58 California counties, each county elections official is responsible for maintaining the registrations of voters who are registered in that official’s county. Each of California’s 58 counties has its own election management system that is used to maintain the county’s voter registration records, and which syncs with VoteCal on a regular basis. VoteCal accepts information from and sends information to the county systems to help ensure the voter registration rolls are accurate and up to date in part by comparing data across counties.
For example, when VoteCal sees a newly-registered voter in County A, it uses a series of matching criteria, including first and last name, date of birth, address, driver’s license or state identification number, and the last four digits of the social security number, to find any existing voter records that may belong to the same person. If VoteCal identifies a voter record in County B that is highly likely to belong to the same voter based on the matching criteria, VoteCal automatically cancels the registration in County B. If some data points match, but there is not a sufficient match to conclude that it is highly likely to belong to the same voter, County B is asked to look at other data—such as the voter’s signature on their voter registration card—to determine if the two records match and, if they do, County B cancels that voter’s registration. - Voter File Maintenance and Previous Legislation: Part of the purpose of the HAVA requirement for states to have a statewide voter registration database is to ensure that voter registration records are maintained and updated across the state in a uniform and nondiscriminatory manner. Due in part to concerns about inconsistencies in voter file maintenance procedures, recent legislation has sought to provide greater uniformity in the data used by counties to perform voter file maintenance.
Specifically, SB 504 (Becker), Chapter 14, Statutes of 2022, which was sponsored by the California Association of Clerks & Election Officials (CACEO) and supported by the SOS, sought to create a more uniform process for updating voter registration records when a person becomes ineligible to vote due to that person’s incarceration for a felony conviction. Among other provisions, SB 504 created a new process to make the SOS the single point of contact for receipt of information from CDCR about people who are in prison for the conviction of a felony. The data that the SOS receives from CDCR is entered into VoteCal, which uses predefined matching criteria to find any records that match an existing voter registration and to inform counties when to cancel a voter registration record based on that data.
AB 2841 (Low), Chapter 807, Statutes of 2022, created a similar process for updating voter registration records when a person becomes ineligible to vote due to a court’s determination that the person is disqualified from voting due to mental incompetency. Specifically, among other provisions, AB 2841 required county court records about people who the court has determined are disqualified from voting due to mental incompetency to be sent to the SOS. Similar to the process with data received from CDCR, those court records are entered into VoteCal, which uses matching criteria to identify any voter registrations that match the court data provided, and which then informs counties when to cancel a voter registration record. - Notification Before Voter Registration Cancellation: In addition to creating a uniform process for canceling the voter registrations of people who are disqualified from voting due to mental incompetency, AB 2841 also required county elections officials to notify a voter by mail between 15 and 30 days before canceling that person’s voter registration for one of four specified reasons (mental incompetency, felony imprisonment, death, and certain changes of address). The author and proponents of AB 2841 argued that these pre-cancellation notices would help protect against erroneous cancellations due to faulty data or false matches between different agencies' records. AB 2841 had a delayed implementation date, and went into effect at the beginning of this year.
In January of this year, the SOS sent a memorandum to county elections officials outlining the process for voter registration cancellations under AB 2841. In that memo, the SOS noted that VoteCal cancels a voter’s registration automatically when it is determined that there is a match between death records and a registration record in VoteCal. Accordingly, until changes are made to VoteCal, counties may be unable to send a cancellation notice to the voter before that cancellation occurs. Instead, the memo indicated that until VoteCal is modified, counties would need to send a post-cancellation notice rather than sending a notice 15 to 30 days before the cancellation of the registration.
This bill permits a county elections official, in cases where a voter has died, to send the notices mandated by AB 2841 either 15 to 30 days before canceling the voter’s registration, or up to 15 days after canceling the registration. This “before or after” option would be available to counties from January 1, 2025, to June 30, 2025, after which time the notices would be required to be sent prior to cancellation.
Although changes also need to be made to VoteCal to automate the process of sending pre-cancellation notices for cancellations due to mental incompetency, felony imprisonment, and certain changes of address, the SOS has developed a manual process that allows counties to send pre-cancellation notices to those voters consistent with the requirements of AB 2841.
The SOS states based on the information it has today and assuming there are “no intervening unforeseen circumstances,” it will be able to make the necessary changes to VoteCal to fully implement AB 2841 by the July 1, 2025, deadline it asked to be placed in this bill. - Arguments in Support: The sponsor of this bill, Secretary of State Shirley N. Weber, Ph.D., writes in support:
This bill is a follow-up to AB 2841 (Low), Chapter 807, Statutes of 2022, and will extend the implementation deadline for a specific requirement of that earlier legislation with respect to necessary system upgrades to VoteCal, the State of California’s centralized voter registration database. Specifically, this measure will extend to July 1, 2025, the deadline for implementation of upgrades to the VoteCal system, pertaining to voters whose registration status may be subject to change due to death. As of 2022, our office determined that it would not be possible to achieve full implementation of AB 2841 by January 1, 2024. Nonetheless, the Elections Division after a major effort has implemented most AB 2841 provisions through a manual process and continues to work toward full implementation by July 2025. Based on the information provided by SOS staff, and assuming no intervening unforeseen circumstances, we are confident that our office can achieve full implementation of AB 2841 by July 1, 2025.
REGISTERED SUPPORT / OPPOSITION:
Support
Secretary of State Shirley N. Weber, Ph.D. (Sponsor)
California Association of Clerks & Election Officials
Opposition
None on file.
Analysis Prepared by: Ethan Jones / ELECTIONS / (916) 319-2094
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 2951
Author:(Cervantes and Low)
As Amended Ver:August 21, 2024
Majority vote
SUMMARY
Permits a county elections official who is canceling a voter's registration due to the death of the voter, from January 1 to June 30, 2025, to send the required notification of that cancellation after the registration is canceled, instead of sending it prior to the cancellation as is required by existing law. Requires the Secretary of State (SOS) to update the Legislature monthly on its progress in making changes to allow for these notices to be sent prior to the cancellation of a voter's registration.
Senate Amendments
Delete the Assembly-approved version of the bill, and instead:
- Specify that the only information a county elections official may use when canceling a voter registration on the grounds that the mental incompetency of the person registered to vote has been established is specified information provided by the SOS.
- Specify that the only information a county elections official may use when canceling a voter registration on the grounds that the person registered to vote is currently imprisoned for conviction of a felony is specified information provided by the SOS, or information provided by a United States District Court or the Federal Bureau of Prisons.
- Permit a county elections official, during the period of January 1, 2025 through June 30, 2025, when the official sends a required notice that a voter's registration is being canceled due to the death of the voter, to send that notice within 15 days either before or after the cancellation of the registration. Require a county elections official, beginning July 1, 2025, to send these notices between 15 and 30 days before canceling a person's registration due to the death of the voter.
- Require the SOS to file monthly updates with relevant Senate and Assembly policy committees and budget subcommittees, as well as the Joint Legislative Audit Committee, on its progress in fully implementing specified provisions of law. Provide that the SOS may stop filing these updates once it certifies that it has taken all steps necessary to fully implement and administer those provisions.
- Make minor, clarifying, and technical changes.
COMMENTS
As approved by the Assembly, this bill would have changed the method by which the SOS notifies county elections officials of a voter's request for a recount of an election for statewide office or a statewide ballot measure. Subsequent to the Assembly's approval, this bill was amended in the Senate to delete the Assembly-approved provisions and to add the current provisions. The provisions added in the Senate have not been heard in a policy committee in the Assembly during this legislative session.
According to the Author
"Assembly Bill 2841, which was enacted in 2022, provided guardrails against erroneous cancellations in voter registration caused by errors in reporting systems and overly aggressive purges of voter rolls. These include sending pre-cancellation notices to voters and providing them with the opportunity to cancel an erroneous cancellation of their voter registration. Since the bill's enactment, the Secretary of State's Office has implemented many of its provisions. However, the Secretary's Office requires additional time to make technological upgrades to VoteCal, the state’s centralized voter registration database, in order to have the capacity to send pre-cancellation notices to voters when a court order indicates that their voter registration status has changed due to death or a change of address. Assembly Bill 2951 would provide that time by delaying implementation of those requirements of AB 2841 until July 1, 2025."
Arguments in Support
The sponsor, Secretary of State Shirley N. Weber, Ph.D., wrote in support of a prior version of this bill, "This bill is a follow-up to AB 2841 (Low), Chapter 807, Statutes of 2022, and will extend the implementation deadline for a specific requirement of that earlier legislation with respect to necessary system upgrades to VoteCal, the State of California's centralized voter registration database. Specifically, this measure will extend to July 1, 2025, the deadline for implementation of upgrades to the VoteCal system, pertaining to voters whose registration status may be subject to change due to death. As of 2022, our office determined that it would not be possible to achieve full implementation of AB 2841 by January 1, 2024. Nonetheless, the Elections Division after a major effort has implemented most AB 2841 provisions through a manual process and continues to work toward full implementation by July 2025. Based on the information provided by SOS staff, and assuming no intervening unforeseen circumstances, we are confident that our office can achieve full implementation of AB 2841 by July 1, 2025."
Arguments in Opposition
None received.
FISCAL COMMENTS
According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
VOTES:
ASM ELECTIONS: 8-0-0
YES: Pellerin, Lackey, Bennett, Berman, Cervantes, Essayli, Low, Weber
ASM APPROPRIATIONS: 14-0-1
YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Grayson, Haney, Hart, Pellerin, Ta, Villapudua
ABS, ABST OR NV: Jim Patterson
ASSEMBLY FLOOR: 65-0-15
YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Essayli, Mike Fong, Vince Fong, Friedman, Gallagher, Garcia, Gipson, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Soria, Ta, Valencia, Villapudua, Waldron, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
ABS, ABST OR NV: Bains, Cervantes, Megan Dahle, Flora, Gabriel, Grayson, Haney, Low, Mathis, Stephanie Nguyen, Petrie-Norris, Luz Rivas, Schiavo, Ting, Wallis
SENATE FLOOR: 31-8-1
YES: Allen, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dodd, Durazo, Eggman, Glazer, Gonzalez, Hurtado, Laird, Limón, McGuire, Menjivar, Min, Newman, Padilla, Portantino, Roth, Rubio, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener
NO: Alvarado-Gil, Dahle, Grove, Jones, Nguyen, Ochoa Bogh, Seyarto, Wilk
ABS, ABST OR NV: Niello
UPDATED
VERSION: August 21, 2024
CONSULTANT: Ethan Jones / ELECTIONS / (916) 319-2094 FN: 0004476
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 2951 |
THIRD READING
Bill No: AB 2951
Author: Cervantes (D) and Low (D)
Amended: 8/21/24 in Senate
Vote: 21
SENATE ELECTIONS & C.A. COMMITTEE: 6-1, 7/2/24
AYES: Blakespear, Allen, Menjivar, Newman, Portantino, Umberg
NOES: Nguyen
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 65-0, 5/9/24 (Consent) - See last page for vote
SUBJECT: Voter registration: cancellation
SOURCE: California Secretary of State Shirley N. Weber, Ph.D.
DIGEST:
This bill reverses – for a period of six months – a portion of a 2022 law requiring county elections officials to notify certain voters 15 days in advance of cancelling their registrations and requires the Secretary of State (SOS) to provide monthly updates to the Legislature.
Senate Floor Amendments of 8/21/22 make a technical correction to the language in a postcard that must be mailed to registered voters in certain circumstances.
ANALYSIS:
Existing law:
- Requires, under the federal Help America Vote Act (HAVA) of 2002, each state to maintain a statewide database of registered voters. Here in California, that database is known as VoteCal.
- Requires the California Department of Corrections and Rehabilitation (CDCR) to provide the SOS with certain information on a weekly basis about people who are in prison for the conviction of a felony and people who have been paroled or who have been released from CDCR.
- Requires the SOS to provide the CDCR information to county elections officials who would (1) cancel the voter registration of people in prison for the conviction of a felony; or (2) notify those recently paroled or released from CDCR custody that their voting rights had been restored.
- Requires a county elections official to cancel a voter’s registration when:
- Requested by the voter in writing;
- The mental incompetency of the person registered is legally established;
- The person is imprisoned for conviction of a felony;
- They receive a certified copy of a judgment directing the registration be cancelled;
- The person has died;
- The person has not responded to a mailing to confirm their residency, then not voted in two consecutive federal general elections and not had any elections-related activity during that time;
- They are notified the voter is registered to vote in another state; and
- Receiving proof the person is otherwise ineligible to vote.
- Allows the SOS to cancel a voter’s registration when:
- The mental incompetency of the person registered is legally established;
- The person is imprisoned for the conviction of a felony; or
- The person has died.
- Requires the county elections official to notify certain voters 15-30 days before cancelling their registrations and giving them the opportunity to avoid cancelation by mailing back a return postage-paid postcard. After receiving information from the SOS, county election officials must send these notices in cases where:
- The mental incompetency of the person registered is legally established;
- The person is imprisoned for conviction of a felony;
- The person has died; or
- The person has not responded to a residency confirmation postcard, has not voted in two consecutive federal general elections and not had any elections-related activity during that time.
This bill:
- Allows a county elections official to cancel a voter’s registration in cases where the mental incompetency of the person registered is legally established or the person is imprisoned for conviction of a felony only based on information they receive from the SOS.
- Permits a county elections official – in cases where a person has died – to send a postcard to the voter 15-30 days before or 15 days after cancelling the voter’s registration.
- Permits the “before or after” option in 2) only for the period of January 1, 2025, through June 30, 2025. As of July 1, 2025, county elections officials would be required to send the postcard to these voters 15-30 days before the cancellation, as the law now requires.
- Requires the SOS to file monthly updates with the relevant Senate and Assembly policy committees and budget subcommittees, as well as the Joint Legislative Audit Committee, on its progress in updating VoteCal to allow county elections officials to comply with the law.
Background
The Counties, the State, & the Statewide Voter Registration Database. California’s statewide voter registration database, known as VoteCal, was mandated under HAVA in 2002 and California complied with the requirement in 2006.
Loosely speaking, all of California’s 58 counties have voter registration databases, which they upload to and synch with VoteCal on a regular basis. VoteCal accepts information from and sends information to the county voter registration databases to help ensure the voter registration rolls are accurate and up to date in part by comparing data across counties. For example, when VoteCal sees a voter is newly-registered in County B and four data points – name, date of birth, social security number and/or California driver’s license – match a voter’s record in County A, that is identified as a “high confidence” match in VoteCal and the voter’s registration in County A is automatically cancelled.
A “potential match” is one where some of the data points match. In that case, County A would be asked to look at other data – such as the voter’s signature on their registration card – to see if there is indeed a match and if there is, County A would cancel that voter’s registration.
Making Things More Centralized – Yet Decentralized. SB 504 (Becker, Chapter 14, Statutes of 2022) was sponsored by the California Association of Clerks & Elections Officials (CACEO) and supported by the SOS. Among its many provisions was to make the SOS the single point of contact for CDCR, requiring it to provide the SOS with weekly reports about people who are in prison for the conviction of a felony and people who are on parole or who have been released from CDCR. The SOS must provide the information it gets from CDCR to county elections officials who are required to (1) cancel the voter registration of people in prison for the conviction of a felony; or (2) notify those recently paroled or released from CDCR that their voting rights have been restored. So, while the SOS is the one entity interacting with CDCR, it is still the county elections officials who are responsible for notifying voters and removing or adding them to the voter registration rolls.
Notifying Voters BEFORE Cancelling Their Registrations. AB 2841 (Low, Chapter 871, Statutes of 2022) imposed, as of January 1, 2024, a requirement that county elections officials notify voters falling into any of the four categories below 15-30 days before cancelling their voter registration:
- The mental incompetency of the person registered is legally established;
- The person is imprisoned for conviction of a felony;
- The person has died; or
- The person has not responded to a residency confirmation mailing, has not voted in two consecutive federal general elections and not had any elections-related activity during that time.
The SOS took no formal position on AB 2841, but in its letter supporting this bill, the SOS states it has “… implemented most AB 2841 provisions through a manual process and continues to work toward full implementation by July 2025.”
The Current Situation. This bill states that for cases where a voter has died, county elections can sent the notices mandated by AB 2841 15-30 days before cancelling the voter’s registration or up to 15 days after cancelling the registration. The voter would be sent a return postage-paid postcard allowing them to inform the county elections official their registration should not be cancelled or should be restored. This “before or after” option would be available to counties from January 1, 2025, to June 30, 2025, after which time the notices would be required to be sent prior to cancellation.
The reason for the change requested by this bill is because the SOS has been unable to modify the VoteCal system to meet the requirements of AB 2841 in this circumstance.
According to county elections officials, VoteCal is automatically cancelling a voter’s registration when the system receives notice the voter has passed away, making it impossible for a county elections official to notify the person 15-30 days prior to cancelling the registration.
As for cases where a voter hasn’t returned a residency confirmation postcard, has not voted in two consecutive federal general elections and not had any elections-related activity during that time, VoteCal also needs to be adjusted to comply with the law in place today. However, in the interim, the SOS issued a directive to county elections officials on May 24, 2024, to use a manual workaround process to comply with AB 2841’s requirement to notify those voters 15-30 days prior to cancelling the registration.
Comments
- According to the Author: “Assembly Bill 2841, which was enacted in 2022, provided guardrails against erroneous cancellations in voter registration caused by errors in reporting systems and overly aggressive purges of voter rolls. These include sending pre-cancellation notices to voters and providing them with the opportunity to cancel an erroneous cancellation of their voter registration. Since the bill’s enactment, the Secretary of State’s Office has implemented many of its provisions. However, the Secretary’s Office requires additional time to make technological upgrades to VoteCal, the state’s centralized voter registration database, in order to have the capacity to send pre-cancellation notices to voters when a court order indicates that their voter registration status has changed due to death or a change of address. Assembly Bill 2951 would provide that time by delaying implementation of those requirements of AB 2841 until July 1, 2025.”
- If You Can’t Comply With The Law, Change The Law. While the author states the bill will delay implementation of certain requirements of AB 2841, the SOS has actually been out of compliance with portions of the law for more than six months given AB 2841 took effect on January 1, 2024. This bill turns back the clock relative to one piece of AB 2841 and it is by virtue of this change in law that the SOS will find itself in full compliance with the law as of January 1, 2025.
- Lawsuit Protection. The rationale for the change proposed by this bill is to give the SOS more time to make the necessary upgrades to VoteCal so it can fully comply with AB 2841 which, under this bill, would kick back in on July 1, 2025. The bill doesn’t provide the SOS with additional resources to make this change, but it does – by reversing the law for six months – protect the SOS from lawsuits in 2025 for not being in compliance with all of the provisions of AB 2841.
- Accountability. The SOS states based on the information it has today and assuming there are “no intervening unforeseen circumstances,” it will be able to fully implement AB 2841 by the July 1, 2025, deadline it asked to be placed in this bill.
To ensure the Legislature is kept apprised of the SOS’s progress – and is made aware should the SOS once again be unable to comply with the law – the bill requires the SOS to provide monthly updates to the relevant Senate & Assembly Elections committees, the relevant Senate and Assembly Budget subcommittees, and the Joint Legislative Audit Committee.
Related/Prior Legislation
SB 504 (Becker, Chapter 14, Statutes of 2022), among other provisions, required CDCR to provide the SOS with certain information on a weekly basis about people who are in prison for the conviction of a felony and people who are on parole or who have been released from CDCR. The SOS was required to provide the information to county elections officials who would then (1) cancel the voter registrations of people in prison for the conviction of a felony, or (2) notify those recently paroled or released from CDCR custody that their voting rights have been restored.
AB 2841 (Low, Chapter 871, Statutes of 2022) required the SOS to, beginning January 1, 2024, send information to county elections officials regarding the registration of voters who it believes should be cancelled. The county elections officials in turn are required to send a postcard to those voters at least 15 days before cancelling their registration to give them the opportunity to return the postcard and prevent their registration from being cancelled.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
SUPPORT: (Verified 8/22/24)
California Secretary of State Shirley N. Weber, Ph.D. (source)
California Association of Clerks and Election Officials
OPPOSITION: (Verified 8/22/24)
None received
ASSEMBLY FLOOR: 65-0, 5/9/24
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Essayli, Mike Fong, Vince Fong, Friedman, Gallagher, Garcia, Gipson, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Soria, Ta, Valencia, Villapudua, Waldron, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
NO VOTE RECORDED: Bains, Cervantes, Megan Dahle, Flora, Gabriel, Grayson, Haney, Low, Mathis, Stephanie Nguyen, Petrie-Norris, Luz Rivas, Schiavo, Ting, Wallis
Prepared by: Evan Goldberg / E. & C.A. / (916) 651-4106
8/22/24 16:10:43
**** END ****
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 2951 |
THIRD READING
Bill No: AB 2951
Author: Cervantes (D) and Low (D)
Amended: 7/3/24 in Senate
Vote: 21
SENATE ELECTIONS & C.A. COMMITTEE: 6-1, 7/2/24
AYES: Blakespear, Allen, Menjivar, Newman, Portantino, Umberg
NOES: Nguyen
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 65-0, 5/9/24 (Consent) - See last page for vote
SUBJECT: Voter registration: cancellation
SOURCE: California Secretary of State Shirley N. Weber, Ph.D.
DIGEST:
This bill reverses – for a period of six months – a portion of a 2022 law requiring county elections officials to notify certain voters 15 days in advance of cancelling their registrations and requires the Secretary of State (SOS) to provide monthly updates to the Legislature.
ANALYSIS:
Existing law:
- Requires, under the federal Help America Vote Act (HAVA) of 2002, each state to maintain a statewide database of registered voters. Here in California, that database is known as VoteCal.
- Requires the California Department of Corrections and Rehabilitation (CDCR) to provide the SOS with certain information on a weekly basis about people who are in prison for the conviction of a felony and people who have been paroled or who have been released from CDCR.
- Requires the SOS to provide the CDCR information to county elections officials who would (1) cancel the voter registration of people in prison for the conviction of a felony, or (2) notify those recently paroled or released from CDCR custody that their voting rights had been restored.
- Requires a county elections official to cancel a voter’s registration when:
- Requested by the voter in writing;
- The mental incompetency of the person registered is legally established;
- The person is imprisoned for conviction of a felony;
- They receive a certified copy of a judgment directing the registration be cancelled;
- The person has died;
- The person has not responded to a mailing to confirm their residency, then not voted in two consecutive federal general elections and not had any elections-related activity during that time;
- They are notified the voter is registered to vote in another state; and
- Receiving proof the person is otherwise ineligible to vote.
- Allows the SOS to cancel a voter’s registration when:
- The mental incompetency of the person registered is legally established;
- The person is imprisoned for the conviction of a felony; or
- The person has died.
- Requires the county elections official to notify certain voters 15-30 days before cancelling their registrations and giving them the opportunity to avoid cancelation by mailing back a return postage-paid postcard. After receiving information from the SOS, county election officials must send these notices in cases where:
- The mental incompetency of the person registered is legally established;
- The person is imprisoned for conviction of a felony;
- The person has died; or
- The person has not responded to a residency confirmation postcard, has not voted in two consecutive federal general elections and not had any elections-related activity during that time.
This bill:
- Allows a county elections official to cancel a voter’s registration in cases where the mental incompetency of the person registered is legally established or the person is imprisoned for conviction of a felony only based on information they receive from the SOS.
- Permits a county elections official – in cases where a person has died – to send a postcard to the voter 15-30 days before or 15 days after cancelling the voter’s registration.
- Permits the “before or after” option in (2) only for the period of January 1, 2025, through June 30, 2025. As of July 1, 2025, county elections officials would be required to send the postcard to these voters 15-30 days before the cancellation, as the law now requires.
- Requires the SOS to file monthly updates with the relevant Senate and Assembly policy committees and budget subcommittees, as well as the Joint Legislative Audit Committee, on its progress in updating VoteCal to allow county elections officials to comply with the law.
Background
The Counties, the State, & the Statewide Voter Registration Database. California’s statewide voter registration database, known as VoteCal, was mandated under HAVA in 2002 and California complied with the requirement in 2006.
Loosely speaking, all of California’s 58 counties have voter registration databases, which they upload to and synch with VoteCal on a regular basis. VoteCal accepts information from and sends information to the county voter registration databases to help ensure the voter registration rolls are accurate and up to date in part by comparing data across counties. For example, when VoteCal sees a voter is newly-registered in County B and four data points – name, date of birth, social security number and/or California driver’s license – match a voter’s record in County A, that is identified as a “high confidence” match in VoteCal and the voter’s registration in County A is automatically cancelled.
A “potential match” is one where some of the data points match. In that case, County A would be asked to look at other data – such as the voter’s signature on their registration card – to see if there is indeed a match and if there is, County A would cancel that voter’s registration.
Making Things More Centralized – Yet Decentralized. SB 504 (Becker, Chapter 14, Statutes of 2022) was sponsored by the California Association of Clerks & Elections Officials (CACEO) and supported by the SOS. Among its many provisions was to make the SOS the single point of contact for CDCR, requiring it to provide the SOS with weekly reports about people who are in prison for the conviction of a felony and people who are on parole or who have been released from CDCR. The SOS must provide the information it gets from CDCR to county elections officials who are required to (1) cancel the voter registration of people in prison for the conviction of a felony,; or (2) notify those recently paroled or released from CDCR that their voting rights have been restored. So, while the SOS is the one entity interacting with CDCR, it is still the county elections officials who are responsible for notifying voters and removing or adding them to the voter registration rolls.
Notifying Voters BEFORE Cancelling Their Registrations. AB 2841 (Low, Chapter 807, Statutes of 2022) imposed, as of January 1, 2024, a requirement that county elections officials notify voters falling into any of the four categories below 15-30 days before cancelling their voter registration:
- The mental incompetency of the person registered is legally established;
- The person is imprisoned for conviction of a felony;
- The person has died; or
- The person has not responded to a residency confirmation mailing, has not voted in two consecutive federal general elections and not had any elections-related activity during that time.
The SOS took no formal position on AB 2841, but in its letter supporting this bill, the SOS states it has “… implemented most AB 2841 provisions through a manual process and continues to work toward full implementation by July 2025.”
The Current Situation. This bill states that for cases where a voter has died, county elections can sent the notices mandated by AB 2841 15-30 days before cancelling the voter’s registration or up to 15 days after cancelling the registration. The voter would be sent a return postage-paid postcard allowing them to inform the county elections official their registration should not be cancelled or should be restored. This “before or after” option would be available to counties from January 1, 2025, to June 30, 2025, after which time the notices would be required to be sent prior to cancellation.
The reason for the change requested by this bill is because the SOS has been unable to modify the VoteCal system to meet the requirements of AB 2841 in this circumstance.
According to county elections officials, VoteCal is automatically cancelling a voter’s registration when the system receives notice the voter has passed away, making it impossible for a county elections official to notify the person 15-30 days prior to cancelling the registration.
As for cases where a voter hasn’t returned a residency confirmation postcard, has not voted in two consecutive federal general elections and not had any elections-related activity during that time, VoteCal also needs to be adjusted to comply with the law in place today. However, in the interim, the SOS issued a directive to county elections officials on May 24, 2024, to use a manual workaround process to comply with AB 2841’s requirement to notify those voters 15-30 days prior to cancelling the registration.
Comments
- According to the Author: “Assembly Bill 2841, which was enacted in 2022, provided guardrails against erroneous cancellations in voter registration caused by errors in reporting systems and overly aggressive purges of voter rolls. These include sending pre-cancellation notices to voters and providing them with the opportunity to cancel an erroneous cancellation of their voter registration. Since the bill’s enactment, the Secretary of State’s Office has implemented many of its provisions. However, the Secretary’s Office requires additional time to make technological upgrades to VoteCal, the state’s centralized voter registration database, in order to have the capacity to send pre-cancellation notices to voters when a court order indicates that their voter registration status has changed due to death or a change of address. Assembly Bill 2951 would provide that time by delaying implementation of those requirements of AB 2841 until July 1, 2025.”
- If You Can’t Comply With The Law, Change The Law. While the author states the bill will delay implementation of certain requirements of AB 2841, the SOS has actually been out of compliance with portions of the law for more than six months given AB 2841 took effect on January 1, 2024. This bill turns back the clock relative to one piece of AB 2841 and it is by virtue of this change in law that the SOS will find itself in full compliance with the law as of January 1, 2025.
- Lawsuit Protection. The rationale for the change proposed by this bill is to give the SOS more time to make the necessary upgrades to VoteCal so it can fully comply with AB 2841 which, under this bill, would kick back in on July 1, 2025. The bill doesn’t provide the SOS with additional resources to make this change, but it does – by reversing the law for six months – protect the SOS from lawsuits in 2025 for not being in compliance with all of the provisions of AB 2841.
- Accountability. The SOS states based on the information it has today and assuming there are “no intervening unforeseen circumstances,” it will be able to fully implement AB 2841 by the July 1, 2025, deadline it asked to be placed in this bill.
To ensure the Legislature is kept apprised of the SOS”s progress – and is made aware should the SOS once again be unable to comply with the law – the bill requires the SOS to provide monthly updates to the relevant Senate & Assembly Elections committees, the relevant Senate and Assembly Budget subcommittees, and the Joint Legislative Audit Committee.
Related/Prior Legislation
AB 2841 (Low, Chapter 807, Statutes of 2022) required the SOS to, beginning January 1, 2024, send information to county elections officials regarding the registration of voters who it believes should be cancelled. The county elections officials in turn are required to send a postcard to those voters at least 15 days before cancelling their registration to give them the opportunity to return the postcard and prevent their registration from being cancelled.
SB 504 (Becker, Chapter 14, Statutes of 2022), among other provisions, required CDCR to provide the SOS with certain information on a weekly basis about people who are in prison for the conviction of a felony and people who are on parole or who have been released from CDCR. The SOS was required to provide the information to county elections officials who would then (1) cancel the voter registrations of people in prison for the conviction of a felony, or (2) notify those recently paroled or released from CDCR custody that their voting rights have been restored.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
SUPPORT: (Verified 8/6/24)
California Secretary of State Shirley N. Weber, Ph.D. (source)
California Association of Clerks and Election Officials
OPPOSITION: (Verified 8/6/24)
None received
ASSEMBLY FLOOR: 65-0, 5/9/24
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Essayli, Mike Fong, Vince Fong, Friedman, Gallagher, Garcia, Gipson, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Soria, Ta, Valencia, Villapudua, Waldron, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
NO VOTE RECORDED: Bains, Cervantes, Megan Dahle, Flora, Gabriel, Grayson, Haney, Low, Mathis, Stephanie Nguyen, Petrie-Norris, Luz Rivas, Schiavo, Ting, Wallis
Prepared by: Evan Goldberg / E. & C.A. / (916) 651-4106
8/7/24 13:38:43
**** END ****
SENATE COMMITTEE ON
ELECTIONS AND CONSTITUTIONAL AMENDMENTS
Senator Catherine Blakespear, Chair
2023 - 2024 Regular
Bill No: 2951 Hearing Date: 7/2/24
Author: | Cervantes | ||
Version: | Amended | ||
Urgency: | Fiscal: | ||
Consultant: | |||
Subject:
DIGEST
This bill reverses – for a period of six months – a portion of a 2022 law requiring county elections officials to notify certain voters 15 days in advance of cancelling their registrations and requires the Secretary of State (SOS) to provide monthly reports to the Legislature.
ANALYSIS
Existing law:
- Requires, under the federal Help America Vote Act (HAVA) of 2002, each state to maintain a statewide database of registered voters. Here in California, that database is known as VoteCal.
- Requires the California Department of Corrections and Rehabilitation (CDCR) to provide the SOS with certain information on a weekly basis about people who are in prison for the conviction of a felony and people who have been paroled or who have been released from CDCR.
- Requires the SOS to provide the CDCR information to county elections officials who would (1) cancel the voter registration of people in prison for the conviction of a felony, or (2) notify those recently paroled or released from CDCR custody that their voting rights had been restored.
- Requires a county elections official to cancel a voter’s registration when:
- Requested by the voter in writing;
- The mental incompetency of the person registered is legally established;
- The person is imprisoned for conviction of a felony;
- They receive a certified copy of a judgment directing the registration be cancelled;
- The person has died;
- The person has not responded to a mailing to confirm their residency, then not voted in two consecutive federal general elections and not had any elections-related activity during that time;
- They are notified the voter is registered to vote in another state; and
- Receiving proof the person is otherwise ineligible to vote.
- Allows the SOS to cancel a voter’s registration when:
- The mental incompetency of the person registered is legally established;
- The person is imprisoned for the conviction of a felony; or
- The person has died.
- Requires the county elections official to notify certain voters 15-30 days before cancelling their registrations and giving them the opportunity to avoid cancelation by mailing back a return postage-paid postcard. After receiving information from the SOS, county election officials must send these notices in cases where:
- The mental incompetency of the person registered is legally established;
- The person is imprisoned for conviction of a felony;
- The person has died; or
- The person has not responded to a residency confirmation postcard, has not voted in two consecutive federal general elections and not had any elections-related activity during that time.
This bill:
- Allows a county elections official to cancel a voter’s registration in cases where the mental incompetency of the person registered is legally established or the person is imprisoned for conviction of a felony only based on information they receive from the SOS.
- Permits a county elections official – in cases where a person has died – to send a postcard to the voter 15-30 days before or 15 days after cancelling the voter’s registration.
- Permits the “before or after” option in (2) only for the period of January 1, 2025, through June 30, 2025. As of July 1, 2025, county elections officials would be required to send the postcard to these voters 15-30 days before the cancellation, as the law now requires.
- Requires the SOS to file monthly reports with the relevant Senate and Assembly policy committees and budget subcommittees, as well as the Joint Legislative Audit Committee, on its progress in updating VoteCal to allow county elections officials to comply with the law.
BACKGROUND
The Counties, the State, & the Statewide Voter Registration Database. California’s statewide voter registration database, known as VoteCal, was mandated under HAVA in 2002 and California complied with the requirement in 2006.
Loosely speaking, all of California’s 58 counties have voter registration databases, which they upload to and synch with VoteCal on a regular basis. VoteCal accepts information from and sends information to the county voter registration databases to help ensure the voter registration rolls are accurate and up to date in part by comparing data across counties. For example, when VoteCal sees a voter is newly-registered in County B and four data points – name, date of birth, social security number and/or California driver’s license – match a voter’s record in County A, that is identified as a “high confidence” match in VoteCal and the voter’s registration in County A is automatically cancelled.
A “potential match” is one where some of the data points match. In that case, County A would be asked to look at other data – such as the voter’s signature on their registration card – to see if there is indeed a match and if there is, County A would cancel that voter’s registration.
Making Things More Centralized – Yet Decentralized. SB 504 (Becker, 2022) was sponsored by the California Association of Clerks & Elections Officials (CACEO) and supported by the SOS. Among its many provisions was to make the SOS the single point of contact for CDCR, requiring it to provide the SOS with weekly reports about people who are in prison for the conviction of a felony and people who are on parole or who have been released from CDCR. The SOS must provide the information it gets from CDCR to county elections officials who are required to (1) cancel the voter registration of people in prison for the conviction of a felony, or (2) notify those recently paroled or released from CDCR that their voting rights have been restored. So, while the SOS is the one entity interacting with CDCR, it is still the county elections officials who are responsible for notifying voters and removing or adding them to the voter registration rolls.
Notifying Voters BEFORE Cancelling Their Registrations. AB 2841 (Low, 2022) imposed, as of January 1, 2024, a requirement that county elections officials notify voters falling into any of the four categories below 15-30 days before cancelling their voter registration:
- The mental incompetency of the person registered is legally established;
- The person is imprisoned for conviction of a felony;
- The person has died; or
- The person has not responded to a residency confirmation mailing, has not voted in two consecutive federal general elections and not had any elections-related activity during that time.
The SOS took no formal position on AB 2841, but in its letter supporting this bill, the SOS states it has “… implemented most AB 2841 provisions through a manual process and continues to work toward full implementation by July 2025.”
The Current Situation. This bill states that for cases where a voter has died, county elections can sent the notices mandated by AB 2841 15-30 days before cancelling the voter’s registration or up to 15 days after cancelling the registration. The voter would be sent a return postage-paid postcard allowing them to inform the county elections official their registration should not be cancelled or should be restored. This “before or after” option would be available to counties from January 1, 2025, to June 30, 2025, after which time the notices would be required to be sent prior to cancellation.
The reason for the change requested by this bill is because the SOS has been unable to modify the VoteCal system to meet the requirements of AB 2841 in this circumstance.
According to county elections officials, VoteCal is automatically cancelling a voter’s registration when the system receives notice the voter has passed away, making it impossible for a county elections official to notify the person 15-30 days prior to cancelling the registration.
As for cases where a voter hasn’t returned a residency confirmation postcard, has not voted in two consecutive federal general elections and not had any elections-related activity during that time, VoteCal also needs to be adjusted to comply with the law in place today. However, in the interim, the SOS issued a directive to county elections officials on May 24, 2024, to use a manual workaround process to comply with AB 2841’s requirement to notify those voters 15-30 days prior to cancelling the registration.
COMMENTS
- According to the Author: “Assembly Bill 2841, which was enacted in 2022, provided guardrails against erroneous cancellations in voter registration caused by errors in reporting systems and overly aggressive purges of voter rolls. These include sending pre-cancellation notices to voters and providing them with the opportunity to cancel an erroneous cancellation of their voter registration. Since the bill’s enactment, the Secretary of State’s Office has implemented many of its provisions. However, the Secretary’s Office requires additional time to make technological upgrades to VoteCal, the state’s centralized voter registration database, in order to have the capacity to send pre-cancellation notices to voters when a court order indicates that their voter registration status has changed due to death or a change of address. Assembly Bill 2951 would provide that time by delaying implementation of those requirements of AB 2841 until July 1, 2025.”
- If You Can’t Comply With The Law, Change The Law. While the author states the bill will delay implementation of certain requirements of AB 2841, the SOS has actually been out of compliance with portions of the law for more than six months given AB 2841 took effect on January 1, 2024. This bill turns back the clock relative to one piece of AB 2841 and it is by virtue of this change in law that the SOS will find itself in full compliance with the law as of January 1, 2025.
- Lawsuit Protection. The rationale for the change proposed by this bill is to give the SOS more time to make the necessary upgrades to VoteCal so it can fully comply with AB 2841 which, under this bill, would kick back in on July 1, 2025. The bill doesn’t provide the SOS with additional resources to make this change, but it does – by reversing the law for six months – protect the SOS from lawsuits in 2025 for not being in compliance with all of the provisions of AB 2841.
- Accountability. The SOS states based on the information it has today and assuming there are “no intervening unforeseen circumstances,” it will be able to fully implement AB 2841 by the July 1, 2025, deadline it asked to be placed in this bill.
To ensure the Legislature is kept apprised of the SOS”s progress – and is made aware should the SOS once again be unable to comply with the law – the bill requires the SOS to provide monthly reports to the relevant Senate & Assembly Elections committees, the relevant Senate and Assembly Budget subcommittees, and the Joint Legislative Audit Committee.
5) Black Tie vs. Sport Coat & Slacks. Rather than require the SOS to provide formal monthly “reports” on the office’s progress to the committees noted above, the Committee may wish to instead require less formal monthly “updates” from the SOS. This can be accomplished by replacing the word “report” with “update” on Page 5, Line 20 and Page 5, Line 34
RELATED/PRIOR LEGISLATION
AB 2841 (Low, 2022) required the SOS to, beginning January 1, 2024, send information to county elections officials regarding the registration of voters who it believes should be cancelled. The county elections officials in turn are required to send a postcard to those voters at least 15 days before cancelling their registration to give them the opportunity to return the postcard and prevent their registration from being cancelled.
SB 504 (Becker, 2022), among other provisions, required CDCR to provide the SOS with certain information on a weekly basis about people who are in prison for the conviction of a felony and people who are on parole or who have been released from CDCR. The SOS was required to provide the information to county elections officials who would then (1) cancel the voter registrations of people in prison for the conviction of a felony, or (2) notify those recently paroled or released from CDCR custody that their voting rights have been restored.
PRIOR ACTION
The Assembly votes on this measure aren’t relevant to the current version of the bill.
POSITIONS
Sponsor: California Secretary of State Shirley N. Weber, Ph.D.
Support: California Association of Clerks and Election Officials
Oppose: None received
-- END --
Date of Hearing: May 1, 2024
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Buffy Wicks, Chair
ABPCA Bill Id:AB 2951
Author:(Cervantes) – As Introduced Ver:February 16, 2024
Policy Committee: | Elections | Vote: | 8 - 0 |
|
| ||
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: Yes
SUMMARY:
This bill requires the Secretary of State (SOS) to send a copy of a written request for a statewide vote recount to each affected county elections official via electronic delivery, instead of registered mail.
This bill requires the elections official to provide written confirmation of receipt of the delivery to the SOS.
FISCAL EFFECT:
- Minor cost savings to the SOS by replacing the more expensive registered mail requirement with an electronic delivery requirement.
- By requiring a local elections official to provide a written confirmation to the SOS, this bill may create a state-mandated local program. If the Commission on State Mandates determines the provisions of this bill create a new program or impose a higher level of service for which the state must reimburse local costs, the local agency could claim reimbursement from the state. However, given the relative infrequency of a statewide recount request and the minor workload associated with confirming receipt of an electronic communication, reimbursable costs, if any, should be negligible.
COMMENTS:
- Purpose. According to the author, replacing the registered mail requirement with an electronic notification requirement when a voter requests a recount for an election of a statewide office or proposition “will help reduce costs for the [SOS], as well as further update our elections systems for the realities of an electronic world.”
- Registered Mail. According to the United States Postal Service (USPS), registered mail is “[t]he most secure [USPS] mail service (protected by safes, cages, sealed containers, locks, and keys).” The USPS notes that registered mail is “not recommended if speed of delivery is important,” because the security surrounding and manual processing of registered mail “naturally slows the speed at which it travels.” This bill requires the SOS to send a statewide recount notice to local elections officials via electronic delivery, instead of registered mail.
Analysis Prepared by: Irene Ho / APPR. / (916) 319-2081
Date of Hearing: April 10, 2024
ASSEMBLY COMMITTEE ON ELECTIONS
Gail Pellerin, Chair
ABPCA Bill Id:AB 2951 (
Author:Cervantes) – As Introduced Ver:February 16, 2024
SUBJECT: Elections: request for recount: notice.
SUMMARY: Changes the method by which the Secretary of State (SOS) notifies county elections officials of a voter’s request for a recount of an election for statewide office or a statewide ballot measure. Specifically, this bill:
- Deletes a requirement that the SOS use registered mail to notify a county elections official that a voter has requested a recount of votes cast in that county for a statewide office or a statewide ballot measure, and instead requires the SOS to use electronic delivery to notify the county elections official.
- Requires the county elections official to provide written confirmation to the SOS of receipt of the electronic copy of the recount request.
EXISTING LAW:
- Provides for a recount of the votes cast for an office or ballot measure in the following circumstances:
- Upon the order of the elections official, if specified conditions are met. (Elections Code §15610)
- At the request of a voter, as specified. (Elections Code §§15620-15634)
- Upon the order of a superior court, in response to a petition by the district attorney that has been requested by the county board of supervisors or grand jury, if specified grounds exist. (Elections Code §§15640-15642)
- Upon the order of the Governor, in the case of votes cast for a statewide office or state ballot measure if the contest is closer than a specified percentage or number of votes, but only to the extent that funds have been appropriated for that purpose, as specified. (Elections Code §§15645-15649)
- Upon the order of the elections official, if specified conditions are met. (Elections Code §15610)
- Permits a voter, following completion of the official canvass of votes at a statewide election, within five days beginning on the 31st day after the election, to request a recount of the votes cast for candidates for any statewide office or for or against any measure voted on statewide. Requires this request to be made in writing to the SOS, to specify in which county or counties the recount is sought, and to specify on behalf of which candidate, slate of electors, or position on a measure the request is filed. Requires the SOS to send by registered mail one copy of the request to the elections official of each county in which a recount of the votes is sought. (Elections Code §15621)
- Requires a voter-requested recount to begin not more than seven days following the elections official’s receipt of the request for the recount. (Elections Code §15626)
FISCAL EFFECT: Unknown. State-mandated local program; contains reimbursement direction.
COMMENTS:
- Purpose of the Bill: According to the author:
Under existing law, if a voter requests a recount for an election of a statewide office or proposition, the Secretary of State is required to inform the affected counties by sending a notification through registered mail to each of the relevant county elections officials. Assembly Bill 2951 would remove the registered mail requirement, and instead allow the Secretary to notify county elections officials electronically. This will help reduce costs for the Secretary of State’s Office, as well as further update our elections systems for the realities of an electronic world.
- California’s Recount Laws: Unlike certain other states, California law does not provide for an “automatic” recount in any election contest. Instead, state law allows any voter to request a recount of an election contest once the official canvass of results from the election is complete. The voter making the request must pay for the costs of conducting the recount, and is refunded those costs if the recount changes the outcome of the election. A voter-requested recount cannot change the outcome of an election unless every vote cast in the contest is part of the recount. As detailed above, state law also allows the elections official, a superior court, or the Governor to order a recount in specified circumstances.
- Registered Mail: According to the United States Postal Service (USPS), registered mail is “[t]he most secure [USPS] mail service (protected by safes, cages, sealed containers, locks, and keys).” For items sent by registered mail, the USPS provides delivery or attempted delivery status once the item reaches its destination, but tracking information is not provided as the item moves through the mail stream. The USPS notes that registered mail is “not recommended if speed of delivery is important,” because the security surrounding and manual processing of registered mail “naturally slows the speed at which it travels.” The USPS does not provide an estimated delivery time for registered mail.
Until 1984, state law allowed a person who was requesting a recount of a statewide office or ballot measure to make that request directly to the county elections official in each county that the person wanted the ballots recounted. AB 1954 (M. Waters), Chapter 14, Statutes of 1984, instead required any request for a recount of statewide offices or ballot measures to be filed with the SOS, and tasked the SOS with providing a copy of that request to the relevant county or counties via registered mail.
As detailed above, state law requires a voter-requested recount to begin within seven days of the elections official’s receipt of the request for the recount. In light of the USPS’s admonition that registered mail is not recommended for items where speed of delivery is important, and given the advances in electronic communications since 1984, this bill’s proposal to require the SOS to notify county election officials of statewide recount requests via electronic communication rather than by registered mail seems prudent. By requiring county elections officials to acknowledge the receipt of such a notification, this bill ensures that the SOS continues to receive information demonstrating that the recount notice was received by the relevant county elections officials, just as the SOS currently does through the use of registered mail.
REGISTERED SUPPORT / OPPOSITION:
Support
None on file.
Opposition
None on file.
Analysis Prepared by: Ethan Jones / ELECTIONS / (916) 319-2094
Discussed in Hearing
1MIN
Assembly Floor
2MIN
Assembly Standing Committee on Elections
2MIN
Senate Floor
5MIN
Senate Standing Committee on Elections and Constitutional Amendments
Bill Co-Author(s):