BILL NUMBER: SB 506 CHAPTERED 09/26/06 CHAPTER 466 FILED WITH SECRETARY OF STATE SEPTEMBER 26, 2006 APPROVED BY GOVERNOR SEPTEMBER 26, 2006 PASSED THE SENATE AUGUST 31, 2006 PASSED THE ASSEMBLY AUGUST 28, 2006 AMENDED IN ASSEMBLY AUGUST 24, 2006 AMENDED IN ASSEMBLY AUGUST 7, 2006 AMENDED IN ASSEMBLY JUNE 15, 2006 AMENDED IN ASSEMBLY FEBRUARY 10, 2006 AMENDED IN ASSEMBLY SEPTEMBER 2, 2005 AMENDED IN ASSEMBLY AUGUST 30, 2005 AMENDED IN ASSEMBLY AUGUST 15, 2005 AMENDED IN ASSEMBLY JULY 13, 2005 AMENDED IN ASSEMBLY JUNE 28, 2005 AMENDED IN SENATE MAY 31, 2005 AMENDED IN SENATE MAY 2, 2005 AMENDED IN SENATE APRIL 19, 2005 AMENDED IN SENATE MARCH 30, 2005 INTRODUCED BY Senator Poochigian (Coauthor: Senator Dunn) (Coauthors: Assembly Members Aghazarian, Bermudez, Garcia, LaSuer, and Mountjoy) FEBRUARY 18, 2005 An act to amend Sections 2194, 8105, 8202, and 8204 of, and to add Sections 2166.7 and 8023 to, the Elections Code, and to amend Section 6254.24 of the Government Code, relating to public officials. LEGISLATIVE COUNSEL'S DIGEST SB 506, Poochigian Public officials. (1) Existing law provides, until January 1, 2008, that participants in the "Address Confidentiality for Victims of Domestic Violence and Stalking" program and the "Address Confidentiality for Reproductive Health Care Service Providers, Employees, Volunteers, and Patients" program who complete an application containing specified information in person at a community-based victims' assistance program may have certain personal information, including the program participant's voter registration, remain confidential and not disclosed to the public. This bill would require a local elections official to extend this confidentiality of voter registration information to specified public safety officials, upon application, as specified, for a period of no more than two years, if the local elections official is authorized to do so by his or her county board of supervisors. The application of a public safety official would be a public record. This bill would also include the signature of a voter on a voter registration card as part of the voter registration information entitled to confidentiality. (2) Existing law prohibits a state or local agency from posting on the Internet the home address or telephone number of any elected or appointed official. It also prohibits, and makes punishable as a misdemeanor or felony, as specified, any person from knowingly posting this information or that of the official's residing spouse or child on the Internet knowing that person is an elected or appointed official and intending to cause imminent bodily harm to that individual. For this purpose, an elected or appointed official is variously defined and includes specified public safety officials, as separately defined. This bill would add to the definition of public safety officials state and federal judges and court commissioners. By expanding an existing crime, this bill would impose a state-mandated local program. (3) This bill would make technical and conforming changes to existing law. (4) Existing law establishes the procedures by which candidates for judicial office are nominated and requires that specified filing fees be paid for filing nomination papers for all candidates for judicial office. Existing law does not require a candidate for judicial office to file a declaration of intention to become a candidate. This bill would require each candidate for judicial office to file a declaration of intention to become a candidate and to pay the appropriate filing fee for filing the declaration. The bill would also make other conforming changes to these provisions. (5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. This bill would incorporate additional changes in Section 6254.24 of the Government Code proposed by AB 2005, that would become operative only if AB 2005 and this bill are both chaptered and become effective on or before January 1, 2007, and this bill is chaptered last. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 2166.7 is added to the Elections Code, to read: 2166.7. (a) If authorized by his or her county board of supervisors, a county elections official shall, upon application of a public safety officer, make confidential that officer's residence address, telephone number, and e-mail address appearing on the affidavit of registration, in accordance with the terms and conditions of this section. (b) The application by the public safety officer shall contain a statement, signed under penalty of perjury, that the person is a public safety officer as defined in subdivision (f) and that a life threatening circumstance exists to the officer or a member of the officer's family. The application shall be a public record. (c) The confidentiality granted pursuant to subdivision (a) shall terminate no more than two years after commencement, as determined by the county elections official. The officer may submit a new application for confidentiality pursuant to subdivision (a), and the new request may be granted for an additional period of not more than two years. (d) Any person granted confidentiality under subdivision (a) shall: (1) Be considered an absent voter for all subsequent elections or until the county elections official is notified otherwise by the Secretary of State or in writing by the voter. A voter requesting termination of absent voter status thereby consents to placement of his or her residence address, telephone number, and e-mail address in the roster of voters. (2) In addition to the required residence address, provide a valid mailing address to be used in place of the residence address for election, scholarly, or political research, and government purposes. The elections official, in producing any list, roster, or index may, at his or her choice, use the valid mailing address or the word "confidential" or some similar designation in place of the residence address. (e) No action in negligence may be maintained against any government entity or officer or employee thereof as a result of disclosure of the information that is the subject of this section unless by a showing of gross negligence or willfulness. (f) "A public safety officer" has the same meaning as defined in subdivision (a), (d), (e), (f), or (j) of Section 6254.24 of the Government Code. SEC. 2. 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, solicitation, sale, or marketing of products or services to any voter or voter's household. (C) Reproduction in print, broadcast visual or audio, or display on the Internet or any computer terminal unless pursuant to paragraph (3). (3) Shall be provided with respect to any voter, subject to the provisions of Sections 2166.5, 2166.7, and 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) (1) 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. (2) Notwithstanding any other provision of law, the signature of the voter shown on the voter registration card is confidential and shall not be disclosed to any person, except as provided in subdivision (c). (c) (1) The home address or signature of any voter shall be released whenever the person's vote is challenged pursuant to Sections 15105 to 15108, inclusive, or Article 3 (commencing with Section 14240) of Chapter 3 of Division 14. The address or signature shall be released only to the challenger, to elections officials, and to other persons as necessary to make, defend against, or adjudicate the challenge. (2) An elections official shall permit a person to view the signature of a voter for the purpose of determining whether the signature matches a signature on an affidavit of registration or a petition, but shall not permit a signature to be copied. (d) A governmental entity, or officer or employee thereof, shall 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 as supplied on the affidavit of registration pursuant to paragraphs (3) and (4) of subdivision (a) of Section 2150. SEC. 3. Section 8023 is added to the Elections Code, to read: 8023. (a) Except in the case of a judicial office filled in accordance with subdivision (d) of Section 16 of Article VI of the Constitution, every candidate for a judicial office, not more than 14 nor less than five days prior to the first day on which his or her nomination papers may be circulated and signed or may be presented for filing, shall file in the office of the elections official in which his or her nomination papers are required to be filed or left for examination, a written and signed declaration in duplicate of his or her intention to become a candidate for that office on a form to be supplied by the elections official. A candidate for a numerically designated judicial office shall state in his or her declaration for which office he or she intends to become a candidate. A copy of each declaration of intention filed in accordance with this article shall be immediately forwarded by the elections official to the Secretary of State. (b) No person may be a candidate nor have his or her name printed on any ballot as a candidate for judicial office unless he or she has filed the declaration of intention provided for in this section. If the incumbent of a judicial office fails to file a declaration of intention by the end of the period specified in subdivision (a), persons other than the incumbent may file declarations of intention no later than the first day for filing nomination papers. (c) Declarations shall be in substantially the following form: "I hereby declare my intention to become a candidate for the office of____(name of office and district, if any) at the ____, 2 ____election." (d) This section shall apply to all judicial offices whether numerically designated or not. SEC. 4. Section 8105 of the Elections Code is amended to read: 8105. (a) The filing fees for all candidates shall be paid at the time the candidates obtain their nomination forms from the county elections official. The county elections official shall not accept any papers unless the fees are paid at the time required by this section, or unless satisfactory evidence is given to the county elections official or to the registrar of voters that the fee has been paid at the time of the declaration of candidacy in another county. The county elections official shall transmit the appropriate fees to the Secretary of State at the time he or she delivers the declarations of candidacy for filing. All filing fees received by the Secretary of State and county elections officials are nonrefundable. (b) The filing fees for candidates required to file declarations of intention pursuant to Section 8023 shall be paid at the time the declarations are filed with the county elections official. SEC. 5. Section 8202 of the Elections Code is amended to read: 8202. The numerically designated offices shall be grouped and arranged on all ballots in numerical order. No person may be a candidate nor have his or her name printed upon any ballot as a candidate for any numerically designated office other than the one indicated by him or her in his or her declaration of intention to become a candidate. SEC. 6. Section 8204 of the Elections Code is amended to read: 8204. (a) If an incumbent of a judicial office dies on or before the last day prescribed for the filing of nomination papers, or files a declaration of intention but for any reason fails to file his or her nomination papers by the last day prescribed for the filing of the papers, an additional five days shall be allowed for the filing of nomination papers for the office. (b) Any person other than the person who was the incumbent, if otherwise qualified, may file nomination papers for the office during the extended period, notwithstanding that he or she has not filed a written and signed declaration of intention to become a candidate for the office as provided in Sections 8023 and 8201. SEC. 7. Section 6254.24 of the Government Code is amended to read: 6254.24. As used in this chapter, "public safety official" means any of the following: (a) An active or retired peace officer as defined in Sections 830 and 830.1 of the Penal Code. (b) An active or retired public officer or other person listed in Sections 1808.2 and 1808.6 of the Vehicle Code. (c) An "elected or appointed official" as defined in subdivision (f) of Section 6254.21. (d) Attorneys employed by the Department of Justice, the State Public Defender, a county office of the district attorney or public defender, the United States Attorney, or the Federal Public Defender. (e) City attorneys and attorneys who represent cities in criminal matters. (f) Specified employees of the Department of Corrections, the California Youth Authority, and the Prison Industry Authority who supervise inmates or are required to have a prisoner in their care or custody. (g) Sworn and nonsworn employees who supervise inmates in a city police department, a county sheriff's office, the Department of the California Highway Patrol, federal, state, and local detention facilities, or local juvenile halls, camps, ranches, and homes, and probation officers as defined in Section 830.5 of the Penal Code. (h) Federal prosecutors and criminal investigators and National Park Service Rangers working in California. (i) The surviving spouse or child of a peace officer defined in Section 830 of the Penal Code, if the peace officer died in the line of duty. (j) State and federal judges and court commissioners. SEC. 7.5. Section 6254.24 of the Government Code is amended to read: 6254.24. As used in this chapter, "public safety official" means any of the following: (a) An active or retired peace officer as defined in Sections 830 and 830.1 of the Penal Code. (b) An active or retired public officer or other person listed in Sections 1808.2 and 1808.6 of the Vehicle Code. (c) An "elected or appointed official" as defined in subdivision (f) of Section 6254.21. (d) An attorney employed by the Department of Justice, the State Public Defender, a county office of the district attorney or public defender, the United States Attorney, or the Federal Public Defender. (e) A city attorney and an attorney who represent cities in criminal matters. (f) A specified employee of the Department of Corrections and Rehabilitation who supervises inmates or is required to have a prisoner in his or her care or custody. (g) Sworn and nonsworn employees who supervise inmates in a city police department, a county sheriff's office, the Department of the California Highway Patrol, federal, state, or a local detention facility, or a local juvenile hall, camp, ranch, or home, and probation officers as defined in Section 830.5 of the Penal Code. (h) A federal prosecutor, a federal criminal investigator and a National Park Service Ranger working in California. (i) The surviving spouse or child of a peace officer defined in Section 830 of the Penal Code, if the peace officer died in the line of duty. (j) State and federal judges and court commissioners. (k) An employee of the Attorney General, a district attorney, or a public defender who submits verification from the Attorney General, district attorney, or public defender that the employee represents the Attorney General, district attorney, or public defender in matters that routinely place that employee in personal contact with persons under investigation for, charged with, or convicted of, committing criminal acts. (l) A nonsworn employee of the Department of Justice or a police department or sheriff's office that, in the course of his or her employment, is responsible for collecting, documenting, and preserving physical evidence at crime scenes, testifying in court as an expert witness, and other technical duties, and a nonsworn employee that, in the course of his or her employment, performs a variety of standardized and advanced laboratory procedures in the examination of physical crime evidence, determines their results, and provides expert testimony in court. SEC. 8. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. SEC. 9. Section 7.5 of this bill incorporates amendments to Section 6254.24 of the Government Code proposed by both this bill and AB 2005. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2007, (2) each bill amends Section 6254.24 of the Government Code, and (3) this bill is enacted after AB 2005, in which case Section 7 of this bill shall not become operative.