BILL NUMBER: AB 9	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Huff

                        DECEMBER 4, 2006

   An act to add Section 14218.3 to the Elections Code, relating to
voting.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 9, as introduced, Huff. Voter identification: proof of
identity.
   (1) Existing law requires any person desiring to vote to announce
his or her name and address to a precinct board member and to write
this information on the roster of voters.
   This bill would require any eligible citizen, in addition, to
present proof of his or her identity to a member of the precinct
board before receiving a ballot, and would specify 6 forms of
currently valid identification that may be used for this purpose. It
would permit a voter who is unable to present proof of identity to
cast a provisional ballot. The bill would also make a violation or
attempted violation of these provisions a felony.
   This bill, by requiring the county elections official to verify a
voter's identity, and because it would also create a new crime, would
impose a state-mandated local program.
   (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  This act shall be known, and may be cited, as the Voter
Identification Act.
  SEC. 2.  The Legislature finds and declares all of the following:
   (a) The right to vote is one of our most important and fundamental
rights, and the State of California has a special and compelling
interest in safeguarding each and every vote from abuse or fraud.
   (b) Current law does not require any proof of identity to be
presented at the time of voting in person or by absentee ballot.
   (c) To deter potential voter fraud and ensure the right of
citizens to vote, it is necessary that poll workers verify the
identity of each person desiring to vote to ensure that the person
actually casting a ballot is the person entitled to vote.
  SEC. 3.  Section 14218.3 is added to the Elections Code, to read:
   14218.3.  (a) Any eligible citizen who desires to vote in person
at a polling place shall present proof of his or her identity to a
member of the precinct board at the time of voting. Any one of the
following forms of currently valid picture identification may be
used:
   (1) A California driver's license.
   (2) A California identification card.
   (3) A United States military identification card.
   (4) A United States passport.
   (5) A tribal enrollment card or other form of tribal
identification.
   (6) A United States federal, state, or local government issued
identification.
   (b) A precinct board member shall visually confirm the photograph
and signature of the person desiring to vote, and shall record the
identifying number, if any, and the form of identification presented
in the roster of voters.
   (c) Any violation or attempted violation of subdivision (a) shall
constitute fraud pursuant to Section 18500.
   (d) Any voter desiring to vote in person who is unable to present
one of the forms of valid picture identification listed in
subdivision (a) shall be entitled to vote a provisional ballot.
   (e) The requirement to present valid picture identification when
voting shall be prominently printed on all sample ballots near the
location where the voter's polling place is indicated.
   (f) The provisions of this section are severable. If any provision
of this section or its application is held invalid, that invalidity
shall not affect other provisions or applications that can be given
effect without the invalid provision or application.
  SEC. 4.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
   However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.