BILL NUMBER: AB 2079 ENROLLED
BILL TEXT
PASSED THE ASSEMBLY AUGUST 26, 2004
PASSED THE SENATE AUGUST 23, 2004
AMENDED IN SENATE JUNE 21, 2004
INTRODUCED BY Assembly Member Oropeza
FEBRUARY 17, 2004
An act to amend Sections 2150, 2155, 2157, 2160, 2188, 2194, 2202,
and 14310 of, and to add Sections 2157.1, 2157.2, and 2188.1 to, the
Elections Code, relating to voter information.
LEGISLATIVE COUNSEL'S DIGEST
AB 2079, Oropeza. Voter information: privacy.
Existing law sets forth the requirements for the information to be
provided on the affidavit of registration, including that the
affidavit of registration include the affiant's California driver's
license number, California identification card number, or any other
identification number specified by the Secretary of State.
This bill would additionally authorize the use of the last 4
digits of the affiant's social security number on the affidavit of
registration, and would require that the affiant be advised on the
affidavit that only one type of identification number need be
provided, as specified. The bill would require the affidavit of
registration to contain a statement about confidentiality of the
personal information of certain voters, as specified, a statement
that commercial use of voter registration information is a
misdemeanor, and a toll-free hotline telephone number that the public
may use to report suspected fraudulent activity concerning the
misuse of voter registration information.
Existing law sets forth the requirements for the voter
notification form.
This bill would additionally require a voter notification form to
contain a statement about the confidentiality of the personal
information of certain voters, as specified. The bill would
additionally authorize the Secretary of State to exhaust the existing
supply of voter notification forms prior to printing new or revised
forms that contain the confidentiality statement.
Existing law requires any person who registers to vote to complete
an affidavit of registration. The information contained in this
affidavit of registration is generally confidential, except that it
may be provided to any candidate for federal, state, or local office,
to any committee for or against any initiative or referendum
measure, or to any person for election, scholarly, journalistic, or
governmental purposes.
This bill would inform voters about the permissible uses of the
personal information supplied by them for the purpose of completing a
voter registration affidavit, by requiring local elections officials
to post on any local elections official Web site relating to voter
information, and requiring the Secretary of State to print in the
state ballot pamphlet and post on his or her Web site, information on
possible uses of voter information, as specified. By requiring a
local elections official to post the uses of voter information on any
local elections official Web site, this bill imposes a
state-mandated local program.
Existing law sets forth the requirements and procedures for
handling the voter registration card.
This bill would additionally require the voter registration card
to contain a statement about confidentiality of the personal
information of certain voters, as specified. The bill would
additionally authorize the Secretary of State to exhaust the existing
supply of voter registration cards prior to printing new or revised
forms that contain the confidentiality statement. The bill would
require the voter registration card to be confidential and not used
for any personal, private, or commercial purpose, as specified.
Existing law sets forth the requirement for an application for
voter registration information, including a statement of the intended
use of the information requested.
This bill would additionally require the intended use statement to
identify the specific educational institution or project, specific
candidate or ballot measure committee, or the specific journalistic
publication that the information is requested for, or the specific
election or governmental purpose for which the information is
requested.
This bill would require the Secretary of State to study the
feasibility of inserting fictitious names of voters into the voter
registration information database as a possible investigative and
enforcement tool for determining inappropriate or unauthorized use of
voter registration information.
Existing law establishes the procedures for preserving the
uncanceled affidavits of registration, including the use of
electronic media.
This bill would require that uncanceled affidavits of registration
be preserved in a secure manner that will protect the
confidentiality of the voter information.
Existing law sets forth the procedures by which a voter may cast a
provisional ballot.
This bill would prohibit local elections officials from disclosing
the identity of any provisional voter or a list of provisional
voters before an election is certified.
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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
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 these
statutory provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2150 of the Elections Code is amended to read:
2150. (a) The affidavit of registration shall show:
(1) The facts necessary to establish the affiant as an elector.
(2) The affiant's name at length, including his or her given name,
and a middle name or initial, or if the initial of the given name is
customarily used, then the initial and middle name. The affiant's
given name may be preceded, at affiant's option, by the designation
of Miss, Ms., Mrs., or Mr. No person shall be denied the right to
register because of his or her failure to mark a prefix to the given
name and shall be so advised on the voter registration card. This
subdivision shall not be construed as requiring the printing of
prefixes on an affidavit of registration.
(3) The affiant's place of residence, residence telephone number,
if furnished, and e-mail address, if furnished. No person shall be
denied the right to register because of his or her failure to furnish
a telephone number or e-mail address, and shall be so advised on the
voter registration card.
(4) The affiant's mailing address, if different from the place of
residence.
(5) The affiant's date of birth to establish that he or she will
be at least 18 years of age on or before the date of the next
election.
(6) The state or country of the affiant's birth.
(7) The affiant's California driver's license number, California
identification card number, the last four digits of the affiant's
social security number, or other identification number as specified
by the Secretary of State. In the instruction section of the
affidavit, the affiant shall be advised, in a type size and color of
ink that is clearly distinguishable from surrounding text, that he or
she need only provide one of these numbers, except as otherwise
required by federal law, and that no person shall be denied the right
to register because of his or her failure to furnish one of these
numbers.
(8) The affiant's political party affiliation.
(9) That the affiant is currently not imprisoned or on parole for
the conviction of a felony.
(10) A prior registration portion indicating whether the affiant
has been registered at another address, under another name, or as
intending to affiliate with another party. If the affiant has been
so registered, he or she shall give an additional statement giving
that address, name, or party.
(b) The affiant shall certify the content of the affidavit as to
its truth and correctness, under penalty of perjury, with the
signature of his or her name and the date of signing. If the affiant
is unable to write he or she shall sign with a mark or cross.
(c) The affidavit of registration shall also contain a space that
would enable the affiant to state his or her ethnicity or race, or
both. An affiant may not be denied the ability to register because
he or she declines to state his or her ethnicity or race.
(d) If any person, including a deputy registrar, assists the
affiant in completing the affidavit, that person shall sign and date
the affidavit below the signature of the affiant.
SEC. 2. Section 2155 of the Elections Code is amended to read:
2155. (a) Upon receipt of a properly executed affidavit of
registration or address correction notice or letter pursuant to
Section 2119, Article 2 (commencing with Section 2220), or the
National Voter Registration Act of 1993 (42 U.S.C. Sec. 1973gg), the
county elections official shall send the voter a voter notification
by nonforwardable, first-class mail, address correction requested.
The voter notification shall state the party affiliation for which
the voter has registered in the following format:
Party: (Name of political party)
The voter notification shall be substantially in the following
form:
VOTER NOTIFICATION
You are registered to vote. The party affiliation for which you
have registered is shown on the reverse of this card. This card is
being sent as a notification of:
1. Your recently completed affidavit of registration,
OR,
2. A correction to your registration because of an official notice
that you have moved. If your residence address has not changed or
if your move is temporary, please call or write the county elections
official immediately.
_________________________________________________________
You may vote in any election held 15 or more days after the date
shown on the reverse side of this card.
Your name will appear on the index kept at the polls.
Please contact your county elections office if the information
shown on the reverse side of this card is incorrect.
__________________________________________________________
(Signature of Voter)
(b) The voter notification form shall also include a statement
identical or substantially similar to the following:
"Certain voters, including stalking or domestic violence victims,
reproductive health care workers, or others who face life-threatening
situations, may request that their voter information remain
confidential and not be released for the purposes described above.
For more information on these programs, please contact your local
elections official or the Secretary of State' Safe at Home program at
1-877-322-5227, or visit the Web site at www.ss.ca.gov/safeathome/."
(c) The Secretary of State may continue to supply existing
affidavits of registration prior to printing new or revised forms
that reflect the changes required pursuant to subdivisions (b).
SEC. 3. Section 2157 of the Elections Code, as added by Section 4
of Chapter 959 of the Statutes of 2002, is amended to read:
2157. (a) Subject to this chapter, the affidavit of registration
shall be in a form prescribed by regulations adopted by the Secretary
of State. The affidavit shall:
(1) Contain the information prescribed in Section 2150.
(2) Be sufficiently uniform among the separate counties to allow
for the processing and use by one county of an affidavit completed in
another county.
(3) Allow for the inclusion of informational language to meet the
specific needs of that county, including, but not limited to, the
return address of the elections official in that county, and a
telephone number at which a voter can obtain elections information in
that county.
(4) Be included on one portion of a multipart card, to be known as
a voter registration card, the other portions of which shall include
information sufficient to facilitate completion and mailing of the
affidavit. The affidavit portion of the multipart card shall be
numbered according to regulations adopted by the Secretary of State.
For purposes of facilitating the distribution of voter registration
cards as provided in Section 2158, there shall be attached to the
affidavit portion a receipt. The receipt shall be separated from the
body of the affidavit by a perforated line.
(5) Contain in a type size and color of ink that is clearly
distinguishable from surrounding text, a statement identical or
substantially similar to the following:
"Certain voters, including stalking or domestic violence victims,
reproductive health care workers, or others who face life-threatening
situations, may request that their voter information remain
confidential and not be released for the purposes described above.
For more information on these programs, please contact your local
elections official or the Secretary of State' Safe at Home program at
1-877-322-5227, or visit the Web site at www.ss.ca.gov/safeathome/."
(6) Contain in a type size and color of ink that is clearly
distinguishable from surrounding text, a statement that the use of
voter registration information for commercial purposes is a
misdemeanor, and any suspected misuse shall be reported to the
Secretary of State.
(7) Contain a toll-free fraud hotline telephone number maintained
by the Secretary of State that the public may use to report suspected
fraudulent activity concerning misuse of voter registration
information.
(8) Be returnable to the county elections official as a
self-enclosed mailer with postage prepaid by the Secretary of State.
(b) Nothing contained in this division shall prevent the use of
voter registration cards and affidavits of registration in existence
on the effective date of this section and produced pursuant to
regulations of the Secretary of State, and all references to voter
registration cards and affidavits in this division shall be applied
to the existing voter registration cards and affidavits of
registration.
(c) The Secretary of State may continue to supply existing
affidavits of registration prior to printing new or revised forms
that reflect the changes required pursuant to this section, Section
2150, or Section 2160.
SEC. 4. Section 2157.1 is added to the Elections Code, to read:
2157.1. It is the intent of the Legislature that a voter be fully
informed of the permissible uses of personal information supplied by
him or her for the purpose of completing a voter registration
affidavit.
SEC. 5. Section 2157.2 is added to the Elections Code, to read:
2157.2. In order that a voter be fully informed of the
permissible uses of personal information supplied by him or her for
the purpose of completing a voter registration affidavit, local
elections officials shall post on any local elections official Web
site relating to voter information, and the Secretary of State shall
print in the state ballot pamphlet and post on his or her Web site,
all of the following:
"Information on your voter registration affidavit will be used by
elections officials to send you official information on the voting
process, such as the location of your polling place and the issues
and candidates that will appear on the ballot. Commercial use of
voter registration information is prohibited by law and is a
misdemeanor. Voter information may be provided to a candidate for
office, a ballot measure committee, or other person for election,
scholarly, journalistic, political or governmental purposes, as
determined by the Secretary of State. Driver's license and Social
Security numbers cannot be released for these purposes. If you have
any questions about the use of voter information or wish to report
suspected misuse of such information, please call the Secretary of
State's Voter Protection and Assistance Hotline at 1-800-345-8683.
Certain voters, including stalking or domestic violence victims,
reproductive health care workers, or others who face life-threatening
situations, may request that their voter information remain
confidential and not be released for the purposes described above.
For more information on these programs, please contact your local
elections official or call the Secretary of State's Voter Information
Hotline at 1-800-345-VOTE (8683). Information on the Secretary of
State's Safe at Home Program is available by calling 1-877-322-5227
or visiting the program's Web site at www.ss.ca.gov/safeathome/."
SEC. 6. Section 2160 of the Elections Code is amended to read:
2160. (a) Each affidavit of registration issued to a deputy
registrar of voters shall meet the requirements prescribed by Section
2157, except that the voter registration card shall be modified,
pursuant to regulations adopted by the Secretary of State, to reflect
the use of a deputy registrar of voters in lieu of mail delivery. A
stub, separated from the body of the voter registration card by a
perforated line, shall be attached to each affidavit. Upon the stub
shall be printed the following:
(1) The number of the affidavit.
(2) Blank lines for the following information:
(A) The name of the voter.
(B) The residence of the voter.
(C) The political affiliation of the voter.
(D) The signature of the voter.
(E) The signature of the deputy taking the registration.
(F) The date.
(3) A statement identical or substantially similar to the
following:
"Certain voters, including stalking or domestic violence victims,
reproductive health care workers, or others who face life-threatening
situations, may request that their voter information remain
confidential and not be released for the purposes described above.
For more information on these programs, please contact your local
elections official or the Secretary of State' Safe at Home program at
1-877-322-5227, or visit the Web site at www.ss.ca.gov/safeathome/."
At the time of registering the voter, the deputy shall fill in the
blanks in the stub, and require the voter to sign the stub in the
place provided. The deputy shall then detach the stub and the
informational portion of the voter registration form from the
affidavit and hand the stub and information to the voter.
(b) The Secretary of State may continue to supply existing
affidavits of registration prior to printing new or revised forms
that reflect the changes required pursuant to this section, Section
2150, or Section 2157.
SEC. 7. Section 2188 of the Elections Code is amended to read:
2188. (a) Any application for voter registration information
available pursuant to law and maintained by the Secretary of State or
by the elections official of any county shall be made pursuant to
this section.
(b) The application shall set forth all of the following:
(1) The printed or typed name of the applicant in full.
(2) The complete residence address and complete business address
of the applicant, giving street and number. If no street or number
exists, a postal mailing address as well as an adequate designation
sufficient to readily ascertain the location.
(3) The telephone number of the applicant, if one exists.
(4) The number of the applicant's driver's license, state
identification card, or other identification approved by the
Secretary of State if the applicant does not have a driver's license
or state identification card.
(5) The specific information requested.
(6) A statement of the intended use of the information requested.
The statement of intended use must identify the specific educational
institution or project, specific candidate or ballot measure
committee, or specific journalistic publication if the information is
requested for a scholarly, political, or journalistic purpose. If
the information is requested for an election or governmental purpose,
the specific election or governmental purpose must be identified in
the request.
(c) If the application is on behalf of a person other than the
applicant, the applicant shall, in addition to the information
required by subdivision (b), set forth all of the following:
(1) The name of the person, organization, company, committee,
association, or group requesting the voter registration information,
including their complete mailing address and telephone number.
(2) The name of the person authorizing or requesting the applicant
to obtain the voter registration information.
(d) The elections official shall request the applicant to display
his or her identification for purposes of verifying that identifying
numbers of the identification document match those written by the
applicant on the application form.
(e) The applicant shall certify to the truth and correctness of
the content of the application, under penalty of perjury, with the
signature of his or her name at length, including given name, middle
name or initial, or initial and middle name. The applicant shall
state the date and place of execution of the declaration.
(f) Completed applications for voter registration information
shall be retained by the elections official for five years from the
date of application.
(g) This section shall not apply to requests for information by
elections officials for election purposes or by other public agencies
for governmental purposes.
(h) The Secretary of State may prescribe additional information to
be included in the application for voter registration information.
SEC. 8. Section 2188.1 is added to the Elections Code, to read:
2188.1. The Secretary of State shall study the feasibility of
inserting fictitious names of voters into the voter registration
information database as a possible investigative and enforcement tool
for determining inappropriate or unauthorized uses of voter
registration information.
SEC. 9. Section 2194 of the Elections Code is amended to read:
2194. (a) The voter registration card information identified in
subdivision (a) of Section 6254.4 of the Government Code:
(1) Shall be confidential and shall not appear on any computer
terminal, list, affidavit, duplicate affidavit, or other medium
routinely available to the public at the county elections official's
office.
(2) Shall not be used for any personal, private, or commercial
purpose including, but not limited to:
(A) The harassment of any voter or voter's household.
(B) The advertising of products or services to any voter or voter'
s household.
(C) The solicitation of products or services to any voter or voter'
s household.
(D) The sale or marketing of products or services to any voter or
voter's household.
(E) Reproduction in print, broadcast visual or audio, or display
on the Internet or any computer terminal unless pursuant to paragraph
(3) of subdivision (a).
(3) Shall be provided with respect to any voter, subject to the
provisions of Section 2188, to any candidate for federal, state, or
local office, to any committee for or against any initiative or
referendum measure for which legal publication is made, and to any
person for election, scholarly, journalistic, or political purposes,
or for governmental purposes, as determined by the Secretary of
State.
(b) Notwithstanding any other provision of law, the California
driver's license number, the California identification card number,
the social security number, and any other unique identifier used by
the State of California for purposes of voter identification shown on
a voter registration card of a registered voter, or added to voter
registration records to comply with the requirements of the Help
America Vote Act of 2002 (42 U.S.C. Sec. 15301 et seq.), are
confidential and shall not be disclosed to any person.
(c) The home address of any voter shall be released whenever the
person's vote is challenged pursuant to Sections 15105 to 15108,
inclusive, or 14240 to 14253, inclusive. The address shall be
released only to the challenger, to elections officials, and to other
persons as necessary to make, defend against, or adjudicate the
challenge.
(d) A governmental entity, or officer or employee thereof, may not
be held civilly liable as a result of disclosure of the information
referred to in this section, unless by a showing of gross negligence
or willfulness.
(e) For the purposes of this section, "voter's household" is
defined as the voter's place of residence or mailing address or any
persons who reside at the place of residence or use the mailing
address supplied on the affidavit of registration as supplied on the
affidavit of registration pursuant to paragraphs (3) and (4) of
subdivision (a) of Section 2150.
SEC. 10. Section 2202 of the Elections Code is amended to read:
2202. (a) The county elections official shall preserve all
uncanceled affidavits of registration in a secure manner that will
protect the confidentiality of the voter information consistent with
Section 2194.
The affidavits of registration shall constitute the register
required to be kept by Article 5 (commencing with Section 2180) of
Chapter 2.
(b) In lieu of maintaining uncanceled affidavits of registration,
the county elections official may, following the first general
election after the date of registration, microfilm, record on optical
disc, or record on any other electronic medium that does not permit
additions, deletions, or changes to the original document, the
uncanceled affidavits of registration. Any such use of an electronic
medium to record uncanceled affidavits shall protect the security
and confidentiality of the voter information. The county elections
official may dispose of any uncanceled affidavits of registration
transferred pursuant to this section. The disposal of any uncanceled
affidavits shall be performed in a manner that does not compromise
the security or confidentiality of the voter information contained
therein. Any medium utilized by the county elections official shall
meet the minimum standards, guidelines, or both, as recommended by
the American National Standards Institute, or the Association of
Information and Image Management. For purposes of this section, a
duplicate copy of an affidavit of registration shall be deemed an
original.
SEC. 11. Section 14310 of the Elections Code is amended to read:
14310. (a) At all elections, a voter claiming to be properly
registered but whose qualification or entitlement to vote cannot be
immediately established upon examination of the index of registration
for the precinct or upon examination of the records on file with the
county elections official, shall be entitled to vote a provisional
ballot as follows:
(1) An election official shall advise the voter of the voter's
right to cast a provisional ballot.
(2) The voter shall be provided a provisional ballot, written
instructions regarding the process and procedures for casting the
provisional ballot, and a written affirmation regarding the voter's
registration and eligibility to vote. The written instructions shall
include the information set forth in subdivisions (c) and (d).
(3) The voter shall be required to execute, in the presence of an
elections official, the written affirmation stating that the voter is
eligible to vote and registered in the county where the voter
desires to vote.
(b) Once voted, the voter's ballot shall be sealed in a
provisional ballot envelope, and the ballot in its envelope shall be
deposited in the ballot box. All provisional ballots voted shall
remain sealed in their envelopes for return to the elections official
in accordance with the elections official's instructions. The
provisional ballot envelopes specified in this subdivision shall be a
color different than the color of, but printed substantially similar
to, the envelopes used for absentee ballots, and shall be completed
in the same manner as absentee envelopes.
(c) (1) During the official canvass, the elections official shall
examine the records with respect to all provisional ballots cast.
Using the procedures that apply to the comparison of signatures on
absentee ballots, the elections official shall compare the signature
on each provisional ballot envelope with the signature on the voter's
affidavit of registration. If the signatures do not compare, the
ballot shall be rejected. A variation of the signature caused by the
substitution of initials for the first or middle name, or both,
shall not invalidate the ballot.
(2) Provisional ballots shall not be included in any semiofficial
or official canvass, except upon: (A) the elections official's
establishing prior to the completion of the official canvass, from
the records in his or her office, the claimant's right to vote; or
(B) the order of a superior court in the county of the voter's
residence. A voter may seek the court order specified in this
paragraph regarding his or her own ballot at any time prior to
completion of the official canvass. Any judicial action or appeal
shall have priority over all other civil matters.
(3) The provisional ballot of a voter who is otherwise entitled to
vote shall not be rejected because the voter did not cast his or her
ballot in the precinct to which he or she was assigned by the
elections official.
(A) If the ballot cast by the voter contains the same candidates
and measures on which the voter would have been entitled to vote in
his or her assigned precinct, the elections official shall count the
votes for the entire ballot.
(B) If the ballot cast by the voter contains candidates or
measures on which the voter would not have been entitled to vote in
his or assigned precinct, the elections official shall count only the
votes for the candidates and measures on which the voter was
entitled to vote in his or her assigned precinct.
(d) The Secretary of State shall establish a free access system
that any voter who casts a provisional ballot may access to discover
whether the voter's provisional ballot was counted and, if not, the
reason why it was not counted.
(e) A local elections officials shall not disclose the identity of
any provisional voter, except to the provisional voter, or a list of
provisional voters before an election is certified.
(f) The Secretary of State may adopt appropriate regulations for
purposes of ensuring the uniform application of this section.
(g) This section shall apply to any absent voter described by
Section 3015 who is unable to surrender his or her unvoted absent
voter's ballot.
(h) Any existing supply of envelopes marked "special challenged
ballot" may be used until the supply is exhausted.
SEC. 12. Notwithstanding Section 17610 of the Government Code, 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. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.