BILL NUMBER: SB 613 CHAPTERED 10/11/03 CHAPTER 809 FILED WITH SECRETARY OF STATE OCTOBER 11, 2003 APPROVED BY GOVERNOR OCTOBER 10, 2003 PASSED THE SENATE SEPTEMBER 9, 2003 PASSED THE ASSEMBLY SEPTEMBER 5, 2003 AMENDED IN ASSEMBLY AUGUST 18, 2003 AMENDED IN ASSEMBLY JULY 16, 2003 AMENDED IN ASSEMBLY JULY 6, 2003 AMENDED IN SENATE MAY 15, 2003 AMENDED IN SENATE APRIL 21, 2003 INTRODUCED BY Senator Perata FEBRUARY 20, 2003 An act to amend Sections 2194, 14217, 14310, and 14311 of, to add Sections 17, 2124, 2131, and 14402.5 to, and to repeal and add Section 14200 of, the Elections Code, and to amend Section 6254.4 of the Government Code, relating to elections. LEGISLATIVE COUNSEL'S DIGEST SB 613, Perata. Elections: voting information. Existing law requires that voter registration card information be kept confidential. This bill would require that the California driver's license number, the California identification number, the social security number, and any unique identifier used for voter identification, or added to voter registration records to comply with the Help America Vote Act of 2002, be kept confidential and not be disclosed to any person. This bill would require that the Secretary of State establish uniform standards for proof of residency applicable in all instances where voters and new registrants are required by law to prove residency. Existing federal law, the Help America Vote Act of 2002, provides funding to the state and local governments to conduct voter outreach and education programs for individuals with disabilities, and conditions these funds on receipt of a state plan, with certain requirements, and certain requirements relating to voting systems used by the state. This bill would permit the Secretary of State to provide grants to local elections officials, nonprofit corporations, and unincorporated associations to conduct voter outreach and voter education programs, or to increase accessibility for eligible voters with disabilities, using funding provided by the Help America Vote Act of 2002. Existing law requires precinct boards to post instruction cards in and around polling places, including each voting booth, on the day of an election. This bill would require a member of each precinct board to post an expanded set of specified materials in each polling place on the day of an election and, by so doing, would impose a state-mandated local program. This bill would further require that the Secretary of State establish and maintain administrative complaint procedures, pursuant to the requirements of the Help America Vote Act of 2002, to remedy grievances in the administration of elections. This bill would provide that specified provisions would only be implemented to the extent that federal funds are available pursuant to the Help America Vote Act of 2002. Existing law provides that if a precinct board is unable to find a voter's name upon the index of registration and it is unable to call the elections official's office on behalf of the voter, the board must furnish the voter with the elections official's telephone number and direct the voter to the nearest telephone. This bill would eliminate the duty of the precinct board to call the elections official's office and require that board, where a voter' s name is not found on the index of registration, to inform the voter of the option of filing a provisional ballot, and provide the voter with the materials and instruction to file a provisional ballot if the voter elects to do so. Existing law provides for the use of a provisional ballot where a voter's qualification or entitlement to vote cannot be immediately established by examining the index of registration or records on file with the county elections official. This bill would create procedures to be followed where a provisional ballot is cast. Specifically, this bill would require that an elections official advise the voter of the voter's right to cast a provisional ballot, and that the voter be provided written instruction and an affirmation regarding the voter's registration and eligibility to vote. This bill would require that the voter execute the affirmation in the presence of an elections official. This bill would further require that, where the closing of polls is extended pursuant to a court order, the votes cast after the time the polls would have otherwise closed be cast by provisional ballot and be kept separate from all other provisional ballots cast in the election. By imposing various new duties upon local elections officials as summarized above, this bill would impose a state-mandated local program. This bill would further require that the Secretary of State establish standards for a free access system to enable a provisional voter to determine whether his or her ballot was counted and, if not, the reason why the ballot was not counted. Existing law permits a voter who has changed residence within the same county and not reregistered at the new address to cast a provisional ballot upon showing proof of current residence. This bill would require that the Secretary of State's requirements for a showing of proof of current residence to cast a provisional ballot be consistent with the showing required for other voters and for new registrants. 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. This bill would incorporate additional changes in Section 14310 of the Elections Code proposed by AB 190, that would become operative only if AB 190 and this bill are both chaptered and become effective on or before January 1, 2004, and this bill is chaptered last. This bill would amend Section 14311 of the Elections Code in the manner proposed by AB 1689, to become operative only if AB 1689 and this bill are both chaptered and become effective on or before January 1, 2004, and this bill is chaptered last. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 17 is added to the Elections Code, to read: 17. The Secretary of State shall establish and maintain administrative complaint procedures, pursuant to the requirements of Section 402 of the Help America Vote Act of 2002 (P.L. 107-252), in order to remedy grievances in the administration of elections. SEC. 2. Section 2124 is added to the Elections Code, to read: 2124. The Secretary of State shall, by regulation, adopt uniform standards for proof of residency, which shall apply in all instances where voters and new registrants are required by law to prove residency. SEC. 3. Section 2131 is added to the Elections Code, to read: 2131. The Secretary of State may provide grants to local elections officials, nonprofit corporations, and unincorporated associations for the following purposes: (a) To conduct voter outreach and voter education programs, in accordance with the requirements of the Help America Vote Act of 2002 (P.L. 107-252), using funds provided to the state by Sections 101 and 251 of that act. (b) To increase accessibility for eligible voters with disabilities, in accordance with the requirements of the Help America Vote Act of 2002 (P.L. 107-252), using funds provided to the state by Section 261 of that act. SEC. 4. 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 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 (P.L. 107-252), 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 15003, 15005 to 15007, 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. SEC. 5. Section 14200 of the Elections Code is repealed. SEC. 6. Section 14200 is added to the Elections Code, to read: 14200. A member of each precinct board shall cause the following voting information to be publicly posted at each polling place on the day of each election: (a) A sample version of the ballot that will be used for the election. (b) Information regarding the date of the election and the hours during which polling places will be open. (c) Instructions on how to vote, including how to cast a vote and how to cast a provisional ballot. (d) Instructions for mail-in registrants and first-time voters under Section 303(b) of the Help America Vote Act of 2002 (P.L. 107-252). (e) General information on voting rights under applicable federal and state laws, including information on the right of an individual to cast a provisional ballot and instructions on how to contact the appropriate officials if these rights are alleged to have been violated. (f) General information on federal and state laws regarding prohibitions on acts of fraud and misrepresentation as they pertain to elections. SEC. 7. Section 14217 of the Elections Code is amended to read: 14217. If the precinct board is unable to find a voter's name upon the index of registration, it shall inform the voter that he or she may cast a provisional ballot and the procedure for doing so. If the voter elects to cast a provisional ballot, the precinct board shall furnish the voter with a provisional ballot, in accordance with Section 14310. SEC. 8. 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 elections 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, provided the ballot cast by the voter contained only the candidates and measures on which the voter would have been entitled to vote in his or her assigned precinct. (d) The Secretary of State shall establish standards for 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) The Secretary of State may adopt appropriate regulations for purposes of ensuring the uniform application of this section. (f) 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. (g) Any existing supply of envelopes marked "special challenged ballot" may be used until the supply is exhausted. SEC. 8.5. 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) The Secretary of State may adopt appropriate regulations for purposes of ensuring the uniform application of this section. (f) 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. (g) Any existing supply of envelopes marked "special challenged ballot" may be used until the supply is exhausted. SEC. 9. Section 14311 of the Elections Code is amended to read: 14311. (a) A voter who has moved from one address to another within the same county and who has not reregistered to vote at that new address may, at his or her option, and upon showing proof of current residence, vote on the day of the election at the polling place at which he or she is entitled to vote based on his or her current residence address, or at the office of the county elections official or other central location designated by that elections official. The voter shall be reregistered at the place of voting for future elections. (b) Voters casting ballots under this section shall be required to vote by provisional ballot, as provided in Section 14310. (c) The Secretary of State shall, by regulation, adopt procedures for determining the documents or other materials that constitute proof of residence for purposes of voting under this section. The documents or other materials so designated by the Secretary of State shall be consistent with the requirements for proof of residency imposed elsewhere for voters and for new registrants. SEC. 9.5. Section 14311 of the Elections Code is amended to read: 14311. (a) A voter who has moved from one address to another within the same county and who has not reregistered to vote at that new address may, at his or her option, vote on the day of the election at the polling place at which he or she is entitled to vote based on his or her current residence address, or at the office of the county elections official or other central location designated by that elections official. The voter shall be reregistered at the place of voting for future elections. (b) Voters casting ballots under this section shall be required to vote by provisional ballot, as provided in Section 14310. SEC. 10. Section 14402.5 is added to the Elections Code, to read: 14402.5. If the time for closing the polls is extended pursuant to a court order, all votes cast during the time that the closing of the polls is extended shall be by provisional ballot. Any provisional ballots cast pursuant to this section shall be separated and held apart from other provisional ballots cast by voters prior to the time the closing of the polls was extended. SEC. 11. Section 6254.4 of the Government Code is amended to read: 6254.4. (a) The home address, telephone number, e-mail address, precinct number, or other number specified by the Secretary of State for voter registration purposes, and prior registration information shown on the voter registration card for all registered voters is confidential, and shall not be disclosed to any person, except pursuant to Section 2194 of the Elections Code. (b) For purposes of this section, "home address" means street address only, and does not include an individual's city or post office address. (c) 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 the voter registration records to comply with the requirements of the Help America Vote Act of 2002 (P.L. 107-252), are confidential and shall not be disclosed to any person. SEC. 12. Sections 1, 5, 7, and 9 of this act shall be implemented only to the extent that federal funds are made available pursuant to the Help America Vote Act of 2002 (P.L. 107-252). SEC. 13. 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. SEC. 14. Section 8.5 of this bill incorporates amendments to Section 14310 of the Elections Code proposed by both this bill and AB 190. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2004, (2) each bill amends Section 14310 of the Elections Code, and (3) this bill is enacted after AB 190, in which case Section 8 of this bill shall not become operative. SEC. 15. Section 9.5 of this bill amends Section 14311 of the Elections Code in the manner proposed by AB 1689. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2004, (2) each bill amends Section 14311 of the Elections Code, and (3) this bill is enacted after AB 1689, in which case Section 9 of this bill shall not become operative.