BILL NUMBER: AB 603	CHAPTERED
	BILL TEXT

	CHAPTER  234
	FILED WITH SECRETARY OF STATE  SEPTEMBER 26, 2007
	APPROVED BY GOVERNOR  SEPTEMBER 26, 2007
	PASSED THE SENATE  AUGUST 30, 2007
	PASSED THE ASSEMBLY  SEPTEMBER 4, 2007
	AMENDED IN SENATE  AUGUST 27, 2007
	AMENDED IN ASSEMBLY  APRIL 10, 2007

INTRODUCED BY   Assembly Member Price
   (Coauthor: Assembly Member Villines)
   (Coauthor: Senator Corbett)

                        FEBRUARY 21, 2007

   An act to amend Section 2166.5 of the Elections Code, relating to
voter registration.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 603, Price. Voter registration: confidentiality.
   (1) Existing law establishes programs until January 1, 2008, known
as "Address Confidentiality for Victims of Domestic Violence, Sexual
Assault, and Stalking" and "Address Confidentiality for Reproductive
Health Care Service Providers, Employees, Volunteers, and Patients"
that authorizes specified persons to complete an application
containing specified information in person at a community-based
victims' assistance program to be approved by the Secretary of State
for the purpose of enabling state and local agencies to respond to
requests for public records without disclosing a program participant'
s residence address contained in any public record, including the
program participant's voter registration. Existing law requires the
Secretary of State to act as that person's agent for service of
process and to designate a substitute mailing address for program
participants pursuant to specified procedures that state and local
agencies are required to use at the request of a program participant.

   Under existing law, any person who makes a false statement in an
application is guilty of a misdemeanor, and any person who is granted
confidentiality pursuant to these provisions may file a new
affidavit of voter registration or reregistration and be considered
an absent voter for subsequent elections until the county elections
official is notified otherwise by the Secretary of State or the
voter.
   This bill would extend the application of these programs until
January 1, 2013. By increasing the duties of local public officials
and extending the operation of an existing crime, the bill would
impose a state-mandated local program.
   (2) This bill would incorporate additional changes in Section
2166.5 of the Elections Code, proposed by AB 1243, to be operative
only if AB 1243 and this bill are both chaptered and become effective
on or before January 1, 2008, and this bill is chaptered last.
   (3) 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.


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

  SECTION 1.  Section 2166.5 of the Elections Code is amended to
read:
   2166.5.  (a) Any person filing with the county elections official
a new affidavit of registration or reregistration may have the
information relating to his or her residence address, telephone
number, and e-mail address appearing on the affidavit, or any list or
roster or index prepared therefrom, declared confidential upon
presentation of certification that the person is a participant in the
Address Confidentiality for Victims of Domestic Violence, Sexual
Assault, and Stalking program pursuant to Chapter 3.1 (commencing
with Section 6205) of Division 7 of Title 1 of the Government Code or
a participant in the Address Confidentiality for Reproductive Health
Care Service Providers, Employees, Volunteers, and Patients program
pursuant to Chapter 3.2 (commencing with Section 6215) of that
division.
   (b) 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.
   (c) 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.
   (d) Subdivisions (a) and (b) shall not apply to any person granted
confidentiality upon receipt by the county elections official of a
written notice by the address confidentiality program manager of the
withdrawal, invalidation, expiration, or termination of the program
participant's certification.
   (e) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
  SEC. 1.5.  Section 2166.5 of the Elections Code is amended to read:

   2166.5.  (a) Any person filing with the county elections official
a new affidavit of registration or reregistration may have the
information relating to his or her residence address, telephone
number, and e-mail address appearing on the affidavit, or any list or
roster or index prepared therefrom, declared confidential upon
presentation of certification that the person is a participant in the
Address Confidentiality for Victims of Domestic Violence, Sexual
Assault, and Stalking program pursuant to Chapter 3.1 (commencing
with Section 6205) of Division 7 of Title 1 of the Government Code or
a participant in the Address Confidentiality for Reproductive Health
Care Service Providers, Employees, Volunteers, and Patients program
pursuant to Chapter 3.2 (commencing with Section 6215) of that
division.
   (b) Any person granted confidentiality under subdivision (a)
shall:
   (1) Be considered a vote by mail 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 vote by mail 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.
   (c) No action in negligence may be maintained against any
government entity or officer or employee thereof as a result of the
disclosure of the information that is the subject of this section
unless by a showing of gross negligence or willfulness.
   (d) Subdivisions (a) and (b) shall not apply to any person granted
confidentiality upon receipt by the county elections official of a
written notice by the address confidentiality program manager of the
withdrawal, invalidation, expiration, or termination of the program
participant's certification.
   (e) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
  SEC. 2.  Section 1.5 of this bill incorporates amendments to
Section 2166.5 of the Elections Code proposed by both this bill and
AB 1243. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2008, (2) each bill
amends Section 2166.5 of the Elections Code, and (3) this bill is
enacted after AB 1243, in which case Section 1 of this bill shall not
become operative.
   SEC. 3.  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.