BILL NUMBER: AB 1819 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 1, 2008
INTRODUCED BY Assembly Member Price
( Principal coauthor: Assembly Member
Mullin )
(Coauthors: Assembly Members Bass, Brownley, Carter,
Davis, Huffman, and Swanson)
( Coauthor: Senator
Ridley-Thomas Coauthors: Senators
Cedillo, Ridley-Thomas, and Steinberg
)
JANUARY 18, 2008
An act to amend Sections 2102, 2150, and 2205 of the Elections
Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 1819, as amended, Price. Elections: voter registration.
Existing law authorizes a person who will be 18 years of age at
the time of the next election to register to vote by executing an
affidavit of registration.
This bill would authorize a person who is at least 16 years of age
and otherwise meets all voter eligibility requirements to submit his
or her affidavit of registration. The affidavit of registration
would be deemed effective as soon as the affiant would be 18 years of
age at the time of the next election.
Existing law requires the registrar of births and deaths to notify
the county elections official monthly of all deceased persons 18
years of age and over whose deaths were registered the preceding
month. Existing law further requires the county elections official to
cancel the affidavit of registration of a deceased voter.
This bill would require the registrar of births and deaths to
notify the county elections official monthly of all deceased persons
16 years of age and over whose deaths were registered the preceding
month.
The above provisions of the bill would become operative on January
1, 2010.
By requiring local elections officials to process voter
registrations submitted by persons 16 years of age or older,
this the bill would result in
impose a state-mandated local program.
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, 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.
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. Section 2102 of the Elections Code is amended to read:
2102. (a) A person may not be registered as a voter except by
affidavit of registration. The affidavit shall be mailed or delivered
to the county elections official and shall set forth all of the
facts required to be shown by this chapter. A properly executed
registration shall be deemed effective upon receipt of the affidavit
by the county elections official if received on or before the 15th
day prior to an election to be held in the registrant's precinct. A
properly executed registration shall also be deemed effective upon
receipt of the affidavit by the county elections official if any of
the following apply:
(1) The affidavit is postmarked on or before the 15th day prior to
the election and received by mail by the county elections official.
(2) The affidavit is submitted to the Department of Motor Vehicles
or accepted by any other public agency designated as a voter
registration agency pursuant to the National Voter Registration Act
of 1993 (42 U.S.C. Sec. 1973gg) on or before the 15th day prior to
the election.
(3) The affidavit is delivered to the county elections official by
means other than those described in paragraphs (1) or (2) on or
before the 15th day prior to the election.
(b) For purposes of verifying signatures on a recall, initiative,
or referendum petition or signatures on a nomination paper or any
other election petition or election paper, a properly executed
affidavit of registration shall be deemed effective for verification
purposes if both (1) the affidavit is signed on the same date or a
date prior to the signing of the petition or paper, and (2) the
affidavit is received by the county elections official on or before
the date on which the petition or paper is filed.
(c) Notwithstanding any other provision of law to the contrary,
the affidavit of registration required under this chapter may not be
taken under sworn oath, but the content of the affidavit shall be
certified as to its truthfulness and correctness, under penalty of
perjury, by the signature of the affiant.
(d) A person who is at least 16 years of age and otherwise meets
all eligibility requirements to vote may submit his or her affidavit
of registration as prescribed by this section. A properly executed
registration made pursuant to this subdivision shall be deemed
effective as of the date the affiant will be 18 years of age,
provided the information in the affidavit of registration is still
current at that time. If the information provided by the affiant in
the affidavit of registration is not current at the time that the
registration would otherwise become effective, for his or her
registration to become effective, the affiant shall provide the
current information to the proper county elections official as
prescribed by this chapter.
SEC. 2. 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. A person shall not 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. In the case of an affidavit of registration submitted
pursuant to subdivision (d) of Section 2102, the affiant's date of
birth to establish that he or she is at least 16 years of age.
(6) The state or country of the affiant's birth.
(7) (A) In the case of an applicant who has been issued a current
and valid driver's license, the applicant's driver's license number.
(B) In the case of any other applicant, other than an applicant to
whom subparagraph (C) applies, the last four digits of the applicant'
s social security number.
(C) If an applicant for voter registration has not been issued a
current and valid driver's license or a social security number, the
state shall assign the applicant a number that will serve to identify
the applicant for voter registration purposes. To the extent that
the state has a computerized list in effect under this subdivision
and the list assigns unique identifying numbers to registrants, the
number assigned under this subparagraph shall be the unique
identifying number assigned under the list.
(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 a 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.
(e) The affidavit of registration shall also contain a space to
permit the affiant to apply for permanent vote by mail status.
(f) The Secretary of State may continue to supply existing
affidavits of registration to county elections officials prior to
printing new or revised forms that reflect the changes made to this
section by the act that added this subdivision.
SEC. 3. Section 2205 of the Elections Code is amended to read:
2205. The local registrar of births and deaths shall notify the
county elections official not later than the 15th day of each month
of all deceased persons 16 years of age and over, whose deaths were
registered with him or her or of whose deaths he or she was notified
by the state registrar of vital statistics during the preceding
month. This notification shall include at least the name, sex, age,
birthplace, birthdate, place of residence, and date and place of
death of each decedent.
The county elections official shall cancel the affidavit of
registration of the deceased voter.
SEC. 4. 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.
SEC. 5. Sections 1 to 4, inclusive, of this bill
shall become operative on January 1, 2010.