BILL NUMBER: AB 2371	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 17, 2008
	AMENDED IN ASSEMBLY  APRIL 2, 2008

INTRODUCED BY   Assembly Member Coto

                        FEBRUARY 21, 2008

   An act to amend Sections 105, 2026, 2033, 2102, 2119, 2137, 2141,
2142, 2151, 2156, 2165, 2166, 2166.5, 2166.7, 2167, 2180, 2181, 2183,
2187, 2189, 2190, 2194, 2200, 2202, 2203, 2204, 2205, 2206, 2212,
2221, 3006, 3007.5, 3009, 3011, 3013, 3019, 3021, 3305, 3501, 9094,
14310, 16442, 16462, 17000, and 17001 of, and to add Sections 2101.5,
2101.6, and 2155.1 to, the Elections Code, to amend Sections 6254.4,
23365, 23374.13, and 57051 of the Government Code, to add Section
19584.5 to the Revenue and Taxation Code, to amend Section 12950.5
of, and to add Section 12500.5 to, the Vehicle Code, and to amend
Section 60211 of the Water Code, relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2371, as amended, Coto. Elections: voter registration.
   Under existing law, a person qualified to vote may only register
to vote by completing an affidavit of registration.
   This bill would provide that all persons not already registered to
vote who are qualified to be registered to vote who complete an
application for a new or renewed California driver's license,
instruction permit, junior permit, or identification card with the
Department of Motor Vehicles or who file a Personal Income Tax form
with the Franchise Tax Board be registered to vote, unless the person
declines to be registered to vote. Persons registered to vote under
these provisions would be registered as having no party affiliation.
If the person named on the application or form would not be 18 years
of age at the time of the next election but otherwise satisfies the
requirements to be registered to vote, he or she would be
automatically registered to vote at the time that he or she will be
18 years of age by the time of the next election, unless the person
declines to be registered to vote on the application or form. The
bill would require the Department of Motor Vehicles and the Franchise
Tax Board to send a duplicate of each of these documents to the
elections official of the county in which the person named on the
document resides, unless the person  has not filled out the form
in its entirety, has not supplied sufficient information to indicate
that he or she satisfies the requirements to be registered to vote,
 declines to be registered to vote  ,  or has indicated
on the form that he or she is already registered to vote.  The
bill would require the Department of Motor Vehicles and Franchise Tax
Board to keep the   information collected confidential,
unless the law requires otherwise.  The bill would require the
elections official to maintain these documents for voters who qualify
to be registered to vote under the bill in a manner identical to
which the affidavits of registration are maintained.
   Under existing law, affidavits of registration are used to verify
the residence of a voter, to verify the signature of a voter, and to
verify the political affiliation of a voter. Existing law requires a
county elections official to maintain the affidavits of registration
for voters within the county, to maintain a voter registration index
based upon the valid affidavits of registration for voters within the
county, to keep voter information listed on the affidavit of
registration confidential in certain circumstances, and to cancel the
affidavits of registration for persons who are no longer qualified
to vote. Existing law permits a county elections official to
duplicate uncanceled affidavits of registration for the voters in the
county and to store the information contained in the affidavits of
registration by way of data processing equipment. Existing law
requires the county elections official to maintain canceled
affidavits of voter registration, as prescribed.
   This bill would require that the completed applications of the
Department of Motor Vehicles and the completed forms of the Franchise
Tax Board that cause a voter to become registered to vote be used
for verification purposes in the same manner as affidavits of
registration, with the exception of political party affiliation. The
bill would also require that the completed applications of the
Department of Motor Vehicles and the completed forms of the Franchise
Tax Board be maintained in the same manner as affidavits of
registration, be included in the preparation of the voter index, be
kept confidential in certain circumstances in the same manner as
affidavits of registration, and be canceled in the same manner as
affidavits of registration. The bill would permit a county elections
official to duplicate completed applications of the Department of
Motor Vehicles and completed forms of the Franchise Tax Board that
cause  a person   voters  to become
registered to vote and to store the information contained in the
applications and forms by way of data processing equipment. The bill
would require the county elections official to maintain canceled
applications and forms that cause  a person  
voters  to be registered to vote.
   Because the bill would require elections officials to provide a
higher level of service, it would 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 105 of the Elections Code is amended to read:
   105.  (a) For purposes of verifying a signature on an initiative,
referendum, recall, nomination, or other election petition or paper,
the elections official shall determine that the residence address on
the petition or paper is the same as the residence address on the
affidavit of registration or the duplicate of the document that
caused the voter to be registered to vote pursuant to subdivision (a)
or (b) of Section 2101.5. If the addresses are different, or if the
petition or paper does not specify the residence address, or, in the
case of an initiative or referendum petition, if the information
specified in Section 9020 is not contained in the petition, the
affected signature shall not be counted as valid.
   (b) A signature invalidated pursuant to this section shall not
affect the validity of another valid signature on the particular
petition or paper.
  SEC. 2.  Section 2026 of the Elections Code is amended to read:
   2026.  The domicile of a Member of the Legislature or a
Representative in the Congress of the United States shall be
conclusively presumed to be at the residence address indicated on
that person's currently filed affidavit of registration or the
duplicate of the document that caused the voter to be registered to
vote pursuant to subdivision (a) or (b) of Section 2101.5.
  SEC. 3.  Section 2033 of the Elections Code is amended to read:
   2033.  Whenever the house number or the mailing address of a voter
has been changed and the voter's domicile is the same, the public
agency authorizing the change shall notify the county elections
official in writing of the change and the county elections official
shall make the change on the voter's registration and a new
registration shall not be required.
  SEC. 4.  Section 2101.5 is added to the Elections Code, to read:
   2101.5.  (a) A person who is not registered to vote and properly
completes an application for a new or renewed California driver's
license, instruction permit, junior permit, or identification card
who satisfies the requirements to be registered to vote shall be
registered to vote, unless that person declines to be registered to
vote on the application. A person who is not currently registered to
vote and properly completes an application for a new or renewed
California driver's license, instruction permit, junior permit, or
identification card who will not be 18 years of age at the time of
the next election but otherwise satisfies the requirements to be
registered to vote shall be automatically registered to vote at the
time that he or she will be 18 years of age by the time of the next
election, unless that person declines to be registered to vote on the
application.
   (b) A person who is not registered to vote and files a Personal
Income Tax filing form with the Franchise Tax Board pursuant to Part
10.2 (commencing with Section 18401) of Division 2 of the Revenue and
Taxation Code who satisfies the requirements to register to vote
shall be registered to vote, unless that person declines to be
registered to vote on the form. A person who is not registered to
vote and files a Personal Income Tax filing form with the Franchise
Tax Board pursuant to Part 10.2 (commencing with Section 18401) of
Division 2 of the Revenue and Taxation Code who will not be 18 years
of age at the time of the next election but otherwise satisfies the
requirements to be registered to vote shall be automatically
registered to vote at the time that he or she will be 18 years of age
by the time of the next election, unless that person declines to be
registered to vote on the form.
   (c) A person may register to vote by completing an affidavit of
registration as provided for by this chapter.
   (d) A person who is registered to vote pursuant to subdivision (a)
or (b) shall be registered as having no party affiliation. For
purposes of this code, a person who is registered pursuant to
subdivision (a) or (b) shall be treated as if he or she has declined
to state a party affiliation on the affidavit of registration
pursuant to Section 2151. 
   (e) If a person who does not satisfy the requirements to be
registered to vote is registered to vote pursuant to subdivision (a)
or (b), he or she shall not suffer any legal penalty or loss of any
benefit to which he or she may otherwise be entitled unless he or she
intended to fraudulently register to vote. 
  SEC. 5.  Section 2101.6 is added to the Elections Code, to read:
   2101.6.  (a) Upon receipt of the duplicate of the document from
the Department of Motor Vehicles, sent pursuant to Section 12500.5 of
the Vehicle Code, or the Franchise Tax Board, sent pursuant to
Section 19584.5 of the Revenue and Taxation Code, the county
elections official shall examine the document and determine if the
person named on the document has supplied the information required to
establish that the he or she is qualified to vote. If the person
named on the document is not currently registered to vote and the
document indicates that the person satisfies the requirements to be
registered to vote, the document shall be treated by the county
elections official the same as a completed affidavit of registration.
If the person named on the duplicate document will not be 18 years
of age at the time of the next election but otherwise satisfies the
requirements to be registered to vote, the person shall be
automatically registered to vote at the time that he or she will be
18 years of age by the time of the next election.
   (b) Registration to vote pursuant to subdivision (a) of Section
2101.5 shall be deemed effective if received by the Department of
Motor Vehicles on or before the 15th day prior to the election.
Registration to vote pursuant to subdivision (b) of Section 2101.5
shall be deemed effective if received by the Franchise Tax Board on
or before the 15th day prior to the election.
   (c) The document received from the Department of Motor Vehicles or
the Franchise Tax Board that caused a voter to be registered
pursuant to subdivision (a) or (b) of Section 2101.5 shall be
maintained by the county elections official in the same manner that
the county elections official maintains an affidavit of registration.

   (d) For purposes of verifying a signature on a recall, initiative,
or referendum petition or a signature on a nomination paper or any
other election petition or election paper, a properly executed
application for a new or renewed California driver's license,
instruction permit, junior permit, or identification card or Personal
Income Tax filing form that caused a person to be registered to vote
pursuant to subdivision (a) or (b) of Section 2101.5 shall be deemed
effective for verification purposes if both (1) the application or
form is signed on the same date or a date prior to the signing of the
petition or paper, and (2) the application or form is received by
the county elections official on or before the date on which the
petition or paper is filed.
  SEC. 6.  Section 2102 of the Elections Code is amended to read:
   2102.  (a) An affidavit of registration shall be mailed or
delivered to the county elections official and shall set forth 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 paragraph (1) or (2) on or
before the 15th day prior to the election.
   (b) For purposes of verifying a signature on a recall, initiative,
or referendum petition or a signature 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.
  SEC. 7.  Section 2119 of the Elections Code is amended to read:
   2119.  (a) In lieu of executing a new affidavit of registration
for a change of address within the county, the county elections
official shall accept a notice or letter of the change of address
signed by a voter as he or she is registered.
   (b) The county elections official shall accept a notification for
the forthcoming election and shall change the address on the voter's
registration accordingly if the notification is executed on or before
the 15th day prior to the election and if any of the following
apply:
   (1) The notification is postmarked on or before the 15th day prior
to the election and received by mail by the county elections
official.
   (2) The notification 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) prior to the election.
   (3) The notification is delivered to the county elections official
by means other than those described in paragraphs (1) and (2) on or
before the 14th day prior to the election.
  SEC. 8.  Section 2137 of the Elections Code is amended to read:
   2137.  When an elector is registered by completing an affidavit of
registration, his or her name, residence, and residence telephone
number, if furnished, shall be entered on the stub attached to the
original affidavit. If for any cause the affidavit is spoiled in the
course of execution or a mistake is made, the affidavit shall not be
destroyed, but the name of the elector for whom it was intended, with
his or her residence, shall be entered on the stub as in other
cases, and the stubs and affidavits each marked with the word
"spoiled."
  SEC. 9.  Section 2141 of the Elections Code is amended to read:
   2141.  (a) If the county elections official deems a duplicate file
of voter registrations to be necessary for administrative purposes,
the county elections official may prepare, upon the receipt in his or
her office of the original affidavit of registration or the
duplicate of the document that caused the voter to be registered to
vote pursuant to subdivision (a) or (b) of Section 2101.5, a
reproduction thereof in compliance with the following conditions:
   (1) The document is photographed, microphotographed, or reproduced
in a manner approved for permanent records by the National Bureau of
Standards.
   (2) The device used to reproduce the document is one that
accurately reproduces the document in all details.
   (3) The photographs, microphotographs, or other reproductions are
placed in conveniently accessible files and provision is made for
preserving, examining, and using the same.
   (b) Wherever in this code "duplicate affidavit" is used it shall
be deemed to include the reproduced affidavit authorized by this
section.
   (c) A signature comparison required by this code may be made
against a duplicate produced in compliance with this section.
  SEC. 10.  Section 2142 of the Elections Code is amended to read:
   2142.  (a) If the county elections official refuses to register a
qualified elector in the county, the elector may proceed by action in
the superior court to compel his or her registration. In an action
under this section, as many persons may join as plaintiffs as have
causes of action.
   (b) If the county elections official has not registered a
qualified elector who claims to have registered to vote through the
Department of Motor Vehicles, the Franchise Tax Board, or a public
agency designated as a voter registration agency pursuant to the
National Voter Registration Act of 1993 (42 U.S.C. Sec. 1973gg), the
elector may proceed by action in the superior court to compel his or
her registration. In an action under this section, as many persons
may join as plaintiffs as have causes of action.
   (c) No fee shall be charged by the clerk of the court for services
rendered in an action under this section.
  SEC. 11.  Section 2151 of the Elections Code is amended to read:
   2151.  (a) At the time of completing an affidavit of registration
and of transferring registration, each elector may declare the name
of the political party with which he or she intends to affiliate at
the ensuing primary election. The name of that political party shall
be stated in the affidavit of registration and the index.
   (b) The voter registration card shall inform the affiant that an
elector may decline to state a political affiliation, but a person
shall not be entitled to vote the ballot of a political party at a
primary election unless he or she has stated the name of the party
with which he or she intends to affiliate or unless he or she has
declined to state a party affiliation and the political party, by
party rule duly noticed to the Secretary of State, authorizes a
person who has declined to state a party affiliation to vote the
ballot of that political party. The voter registration card shall
include a listing of all qualified political parties.
   (c) A person shall not be permitted to vote the ballot of a party
or for delegates to the convention of a party other than the party
designated in his or her registration, except as provided by Section
2152 or unless he or she has declined to state a party affiliation
and the party, by party rule duly noticed to the Secretary of State,
authorizes a person who has declined to state a party affiliation to
vote the party ballot or for delegates to the party convention.
  SEC. 12.  Section 2155.1 is added to the Elections Code, to read:
   2155.1.  Upon receipt of the duplicate of the document signed by
the voter from the Department of Motor Vehicles or the Franchise Tax
Board that caused a voter to be registered pursuant to subdivision
(a) or (b) of Section 2101.5, the county elections official shall
inspect the voter index to determine whether the person has been
previously registered to vote. If the county elections official
determines that the person has not previously been registered to
vote, the county elections official shall send the voter a voter
notification by nonforwardable, first-class mail, address correction
requested and a voter registration card.
   The voter notification shall be substantially in the following
form:
      VOTER NOTIFICATION

   You are registered to vote. Because you have not completed an
affidavit of voter registration, you are registered as declaring no
party affiliation.
   You may vote in any election held 15 or more days after the date
shown on the reverse side of this card.
   Your name will appear on the index kept at the polls.
   Please contact your county elections office if the information
shown on the reverse side of this card is incorrect.
  SEC. 13.  Section 2156 of the Elections Code is amended to read:
   2156.  The Secretary of State shall print, or cause to be printed,
the blank forms of the voter notification prescribed by Sections
2155 and 2155.1. The Secretary of State shall supply the forms to the
county elections official in quantities and at times requested by
the county elections official. The Secretary of State may continue to
supply, and a county elections official may continue to use,
existing voter notification forms prior to printing new or revised
forms as required by any changes to Section 2155 or 2155.1.
  SEC. 14.  Section 2165 of the Elections Code is amended to read:
   2165.  Affidavits of registration and the duplicates of the
documents that caused voters to be registered to vote pursuant to
subdivision (a) or (b) of Section 2101.5 for the whole of each county
shall be filed, as fast as the registration progresses, in any
orderly arrangement as prescribed by the county elections official.
If the documents are not filed alphabetically without regard to
precinct, the county elections official shall, by electronic,
electromechanical, or other suitable means, provide, for general use
in his or her office, a comprehensive, printed alphabetical index to
the surnames of voters on all uncanceled voter registrations for the
whole of the county, whereby the affidavit of registration or
duplicate of the document that caused the voter to be registered to
vote pursuant to subdivision (a) or (b) of Section 2101.5 of a voter
may be ascertained and produced. In the case of voters having the
same surname, the classification of names appearing on the index
shall extend to the given and, where necessary, the middle name or
initial.
  SEC. 15.  Section 2166 of the Elections Code is amended to read:
   2166.  (a) A person filing with the county elections official a
new affidavit of registration or reregistration or is registered
pursuant to subdivision (a) or (b) of Section 2101.5 may have the
information relating to his or her residence address, telephone
number, and e-mail address appearing on the affidavit or the
duplicate of the document that caused the voter to be registered to
vote pursuant to subdivision (a) or (b) of Section 2101.5, or a list
or roster or index prepared therefrom, declared confidential upon
order of a superior court issued upon a showing of good cause that a
life-threatening circumstance exists to the voter or a member of the
voter's household, and naming the county elections official as a
party.
   (b) A 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 court 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 a 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) An action in negligence may not be maintained against a
government entity or officer or employee thereof as a result of the
disclosure of the information which is the subject of this section
unless by a showing of gross negligence or willfulness.
  SEC. 16.  Section 2166.5 of the Elections Code is amended to read:
   2166.5.  (a) A person filing with the county elections official a
new affidavit of registration or reregistration or is registered
pursuant to subdivision (a) or (b) of Section 2101.5 may have the
information relating to his or her residence address, telephone
number, and e-mail address appearing on the affidavit or the
duplicate of the document that caused the voter to be registered to
vote pursuant to subdivision (a) or (b) of Section 2101.5, or a 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) A 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 a 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) An action in negligence may not be maintained against a
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 a 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. 17.  Section 2166.7 of the Elections Code is amended 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 or the duplicate of the document that
caused the voter to be registered to vote pursuant to subdivision (a)
or (b) of Section 2101.5, in accordance with 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) A 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.
   (e) An action in negligence may not be maintained against a
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.
   (f) "A public safety officer" has the same meaning as a public
safety official as defined in subdivision (a), (d), (e), (f), or (j)
of Section 6254.24 of the Government Code.
  SEC. 18.  Section 2167 of the Elections Code is amended to read:
   2167.  (a) Upon the personal or written application of a person,
the county elections official shall, at a fee not to exceed one
dollar and fifty cents ($1.50), provide the applicant with a
certified copy of the entries upon the register relating to the
applicant.
   (b) A certified copy of an uncanceled affidavit of registration or
a certified copy of an uncanceled document that caused the voter to
be registered to vote pursuant to subdivision (a) or (b) of Section
2101.5 is prima facie evidence that the person named in the entry is
a voter of the county.
  SEC. 19.  Section 2180 of the Elections Code is amended to read:
   2180.  (a) At least once, and more often if he or she deems it
necessary, within each two-year period commencing on the first day of
January in each odd-numbered year, the county elections official
shall have printed a complete index, by precinct, to the affidavits
of registration and the duplicates of the documents that caused
voters to be registered to vote pursuant to subdivision (a) or (b) of
Section 2101.5 current at the date of printing.
   (b) (1) The index shall contain the name, address, residence
telephone number if furnished, and political affiliation of each
voter if furnished, and also a ruled space to the left of each name,
within which to write, in figures, the line number designating the
position of the name of the voter on the roster of voters.
   (2) The name shall include the given name and the middle name or
initials, if any. At the affiant's option, the given name may be
preceded by the designation "Miss," "Ms.," "Mrs.," or "Mr."
   (c) The index shall be printed in a size no smaller than
eight-point roman type on eight-point body and shall be arranged in
alphabetical order in accordance with the surnames of the voters.
   (d) A space of not less than one-quarter inch or one line of
printing shall be left between the names of voters beginning with one
letter of the alphabet and those starting with the next letter of
the alphabet.
          (e) Supplements of the same content and style may be
printed as need for them appears.
  SEC. 20.  Section 2181 of the Elections Code is amended to read:
   2181.  In addition to printing a complete index within and for
each two-year period, as provided in Section 2180, the county
elections official may print and maintain one complete and continuing
index, by precinct, to the affidavits of registration and the
duplicates of the documents that caused voters to be registered to
vote pursuant to subdivision (a) or (b) of Section 2101.5 and keep
the index current by supplements and deletions as provided in
Sections 2180 and 2183, and by reprinting portions of the index by
precinct, as the need appears, the reprinted portions to contain the
same information concerning each voter and to be in the same style,
spacing, and type of print as provided in Section 2180.
  SEC. 21.  Section 2183 of the Elections Code is amended to read:
   2183.  (a) The elections official shall supply copies of the index
and of supplements to the index, necessary to bring it up to date,
for an election to be held within the county. The county elections
official shall also supply as many copies of the index and
supplements, not to exceed four in number, as may be requested by the
elections official of a city, school district, or other body. The
name of a voter whose affidavit of registration or registration made
pursuant to subdivision (a) or (b) of Section 2101.5 has been
canceled shall be lined out of the index and supplement. The county
elections official may charge an amount that will reimburse the
county for the expense incurred in preparing and furnishing a lined
out index of registrations and supplements other than for those
provided for by Sections 2180 and 2182.
   (b) In the case of a municipal election, an index provided
pursuant to this section shall be supplied to the city elections
official not less than 25 days prior to the day of the election for
which it is provided. If the index does not contain the names of all
people eligible to vote in the election, the county elections
official shall supply a supplement to the index, including all voters
who registered after the 54th day before the election, not less than
seven days prior to the election for which it is provided.
  SEC. 22.  Section 2187 of the Elections Code is amended to read:
   2187.  (a) A county elections official shall send to the Secretary
of State, in a format described by the Secretary of State, a summary
statement of the number of voters in the county. The statement shall
show the total number of voters in the county, the number registered
as affiliated with each qualified political party, the number
registered in nonqualified parties, the number who declined to state
a party affiliation, and the number who have been registered as
 declining to state   having no  party
affiliation because of registration of the voter pursuant to
subdivision (a) or (b) of Section 2101.5. The statement shall also
show the number of voters, by political affiliations, in each city,
supervisorial district, Assembly district, Senate district, and
congressional district located in whole or in part within the county.

   (b) The Secretary of State, on the basis of the statements sent by
the county elections officials and within 30 days after receiving
those statements, shall compile a statewide list showing the number
of voters, by party affiliations, in the state and in each county,
city, supervisorial district, Assembly district, Senate district, and
congressional district in the state. A copy of this list shall be
made available, upon request, to any elector in this state.
   (c) A county that uses data processing equipment to store the
information set forth in the affidavit of registration or the
duplicate of the document that caused the voter to be registered to
vote pursuant to subdivision (a) or (b) of Section 2101.5 shall send
to the Secretary of State one copy of the magnetic tape file with the
information requested by the Secretary of State. A county that does
not use data processing storage shall send to the Secretary of State
one copy of the index setting forth that information.
   (d) The summary statement and the magnetic tape file copy or the
index shall be sent at the following times:
   (1) On the 135th day before each presidential primary and before
each direct primary, with respect to voters registered on the 154th
day before the primary election.
   (2) Not less than 50 days prior to the primary election, with
respect to voters registered on the 60th day before the primary
election.
   (3) Not less than 7 days prior to the primary election, with
respect to voters registered before the 14th day prior to the primary
election.
   (4) Not less than 50 days prior to the general election, with
respect to voters registered on the 60th day before the general
election.
   (5) Not less than 7 days prior to the general election, with
respect to voters registered before the 14th day prior to the general
election.
   (6) On or before March 1 of each odd-numbered year, with respect
to voters registered as of February 10.
   (e) The Secretary of State may adopt regulations prescribing the
content and format of the magnetic tape file or index referred to in
subdivision (c) and containing the registered voter information.
   (f) The Secretary of State may adopt regulations prescribing
additional regular reporting times, except that the total number of
reporting times in any one calendar year shall not exceed 12.
   (g) The Secretary of State shall make the information from the
magnetic tape files or the printed indexes available, under
conditions prescribed by the Secretary of State, to a candidate for
federal, state, or local office, to a committee for or against a
proposed ballot measure, to a committee for or against an initiative
or referendum measure for which legal publication is made, and to a
person for election, scholarly, or political research, or a
governmental purpose as determined by the Secretary of State.
  SEC. 23.  Section 2189 of the Elections Code is amended to read:
   2189.  Before the day of an election held throughout the county,
the county elections official shall deliver to the precinct board in
each precinct three copies of the index to the affidavits of
registration and the duplicates of the documents that caused voters
to be registered to vote pursuant to subdivision (a) or (b) of
Section 2101.5 for that precinct, with canceled names lined out and
with necessary supplements to bring the index up to date. The index
and supplements shall constitute the register to be used at the
election.
  SEC. 24.  Section 2190 of the Elections Code is amended to read:
   2190.  (a) If the county elections official maintains tabulating
cards containing the information set forth in the affidavits of
registration of voters and the duplicates of the documents that
caused voters to be registered to vote pursuant to subdivision (a) or
(b) of Section 2101.5, or sets forth that information on electronic
data processing tape, he or she shall provide, upon request, not less
than 30 days prior to each direct primary election and general
election, one set of those cards or a copy of the tape to the county
central committee of a party for all voters allowed to participate in
the subsequent direct primary election or general election. The
county elections official shall also furnish to the county central
committee, not less than seven days prior to each direct primary
election and general election, one set of those cards or a copy of
the tape of those voters who registered after the 54th day before the
election. The cards or tape shall be provided without charge, except
that the county central committee shall provide a replacement for
the tape.
   (b) In addition to those provided to county central committees,
the county elections official shall provide, upon request, a set of
cards or a copy of a tape to any candidate or committee specified in
Section 2184, provided that the candidate or committee reimburses the
county for whatever actual costs are involved in providing this
service.
  SEC. 25.  Section 2194 of the Elections Code is amended to read:
   2194.  (a) The voter registration information identified in
subdivision (a) of Section 6254.4 of the Government Code:
   (1) Shall be confidential and shall not appear on a 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 a personal, private, or commercial
purpose, including, but not limited to:
   (A) The harassment of a voter or voter's household.
   (B) The advertising, solicitation, sale, or marketing of a product
or service to a voter or voter's household.
   (C) Reproduction in print, broadcast visual or audio, or display
on the Internet or a computer terminal unless pursuant to paragraph
(3).
   (3) Shall be provided with respect to a voter, subject to the
provisions of Sections 2166.5, 2166.7, and 2188, to a candidate for
federal, state, or local office, to a committee for or against an
initiative or referendum measure for which legal publication is made,
and to a 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 or the duplicate of the document that
caused the voter to be registered to vote pursuant to subdivision (a)
or (b) of Section 2101.5 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 or the duplicate of
the document that caused the voter to be registered to vote pursuant
to subdivision (a) or (b) of Section 2101.5 is confidential and shall
not be disclosed to any person, except as provided in subdivision
(c).
   (c) (1) The home address or signature of a 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 an elections official, 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, the
duplicate of the document that caused the voter to be registered to
vote pursuant to subdivision (a) or (b) of Section 2101.5, 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 a
person who resides at the place of residence or uses the mailing
address as supplied on the affidavit of registration pursuant to
paragraphs (3) and (4) of subdivision (a) of Section 2150 or the
duplicate of the document that caused the voter to be registered to
vote pursuant to subdivision (a) or (b) of Section 2101.5.
  SEC. 26.  Section 2200 of the Elections Code is amended to read:
   2200.  The registration of a voter is permanent for all purposes
during his or her life, unless and until the registration is canceled
by the county elections official for any of the causes specified in
this article.
  SEC. 27.  Section 2202 of the Elections Code is amended to read:
   2202.  (a) The county elections official shall preserve all
uncanceled affidavits of registration and duplicates of the documents
that caused voters to be registered to vote pursuant to subdivision
(a) or (b) of Section 2101.5 in a secure manner that will protect the
confidentiality of the voter information consistent with Section
2194.
   The affidavits of registration and duplicates of the documents
that caused voters to be registered to vote pursuant to subdivision
(a) or (b) of Section 2101.5 shall constitute the register required
to be kept by Article 5 (commencing with Section 2180) of Chapter 2.
   (b) In lieu of maintaining uncanceled affidavits of registration
and the duplicates of the documents that caused voters to be
registered to vote pursuant to subdivision (a) or (b) of Section
2101.5, the county elections official may, following the first
general election after the date of registration, microfilm, record on
optical disc, or record on another electronic medium that does not
permit an addition, deletion, or change to the original document, the
uncanceled affidavits of registration and the duplicates of the
documents that caused voters to be registered to vote pursuant to
subdivision (a) or (b) of Section 2101.5. Use of an electronic medium
to record uncanceled affidavits of registration and the duplicates
of the documents that caused voters to be registered to vote pursuant
to subdivision (a) or (b) of Section 2101.5 shall protect the
security and confidentiality of the voter information. The county
elections official may dispose of uncanceled affidavits of
registration and the duplicates of the documents that caused voters
to be registered to vote pursuant to subdivision (a) or (b) of
Section 2101.5 transferred pursuant to this section. The disposal of
uncanceled affidavits and the duplicates of the documents that caused
voters to be registered to vote pursuant to subdivision (a) or (b)
of Section 2101.5 shall be performed in a manner that does not
compromise the security or confidentiality of the voter information
contained therein. A medium utilized by the county elections official
shall meet the minimum standards, guidelines, or both, as
recommended by the American National Standards Institute or the
Association of Information and Image Management. For purposes of this
section, a duplicate copy of an affidavit of registration shall be
deemed an original.
  SEC. 28.  Section 2203 of the Elections Code is amended to read:
   2203.  (a) Cancellation is made by writing or stamping on the
affidavit of registration or the duplicate of the document that
caused the voter to be registered to vote pursuant to subdivision (a)
or (b) of Section 2101.5 the word "canceled," the reason the
registration was canceled, and the date of cancellation.
   (b) Whenever a voter transfers his or her registration from one
precinct to another precinct in the same county, or reregisters in
another precinct in the same county as shown by the new affidavit of
registration, the county elections official shall immediately cancel
the registration from the precinct in which the voter was first
registered, and shall remove the registration from the file of
uncanceled registrations.
   (c) Except as provided in Section 2119, whenever a voter removes
from one county to another county and registers in the latter county,
the county elections official of the county in which he or she was
first registered, upon being informed of his or her removal either by
the voter personally or by receipt of a notice of reregistration
under Section 2118, shall likewise cancel his or her registration and
remove the registration in that county.
   (d) The county elections official in distributing to each precinct
the three indexes of registration, as required by Section 2189,
shall cross out of those indexes the names of a voter whose
registration from the precinct has been canceled.
  SEC. 29.  Section 2204 of the Elections Code is amended to read:
   2204.  Notwithstanding any other provision of law, whenever a
voter changes his or her residence within the same precinct, the
voter's registration shall not be canceled. Whenever notified by the
voter, the elections official shall change the voter's affidavit of
registration or the duplicate of the document that caused the voter
to be registered to vote pursuant to subdivision (a) or (b) of
Section 2101.5 to reflect the new residence address within the same
precinct.
  SEC. 30.  Section 2205 of the Elections Code is amended to read:
   2205.  (a) 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 18 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.
   (b) The county elections official shall cancel the voter
registration of each deceased voter.
  SEC. 31.  Section 2206 of the Elections Code is amended to read:
   2206.  The Secretary of State shall adopt regulations to
facilitate the availability of death statistics from the State
Department of Public Health. The data shall be used by county
elections officials in canceling the voter registration of deceased
persons.
  SEC. 32.  Section 2212 of the Elections Code is amended to read:
   2212.  The clerk of the superior court of the county, on the basis
of the records of the court, shall furnish to the chief elections
official of the county, not less frequently than the first day of
April and the first day of September of each year, a statement
showing the names, addresses, and dates of birth of all persons who
have been convicted of felonies since the clerk's last report. The
elections official shall, during the first week of April and the
first week of September in each year, cancel the voter registration
of those persons who are currently imprisoned or on parole for the
conviction of a felony. The clerk shall certify the statement under
the seal of the court.
  SEC. 33.  Section 2221 of the Elections Code is amended to read:
   2221.  (a) Based on the postal notice on the returned residency
confirmation postcard received pursuant to Section 2220, the county
elections official shall take the following actions:
   (1) The voter registration of a person whose residency
confirmation postcard is returned by the post office as undeliverable
and who has no forwarding address shall be placed in the inactive
file pursuant to paragraph (2) of subdivision (a) of Section 2226.
This person shall be mailed the confirmation notice described in
subdivision (d) of Section 2225.
   (2) The voter registration of a person for whom a forwarding
address within the county is received shall be corrected to reflect
the new address provided by the post office.
   (3) The voter registration of a person for whom a forwarding
address outside of the county is received shall be placed in the
inactive file pursuant to paragraph (2) of subdivision (a) of Section
2226. This person shall be mailed the confirmation notice described
in subdivision (c) of Section 2225.
   (b) A blank affidavit of registration shall immediately be mailed
to the address from which a voter registration was canceled or
changed pursuant to this section.
   (c) An address correction or cancellation of a voter registration
made pursuant to this section shall be reflected on the voter index
as required by Section 2191.
  SEC. 34.  Section 3006 of the Elections Code is amended to read:
   3006.  (a) A printed application that is to be distributed to a
voter for requesting a vote by mail ballot shall contain spaces for
the following:
   (1) The printed name and residence address of the voter as it
appears on the affidavit of registration or the duplicate of the
document that caused the voter to be registered to vote pursuant to
subdivision (a) or (b) of Section 2101.5.
   (2) The address to which the ballot is to be mailed.
   (3) The voter's signature.
   (4) The name and date of the election for which the request is to
be made.
   (5) The date the application must be received by the elections
official.
   (b) (1) The information required by paragraphs (1), (4), and (5)
of subdivision (a) may be preprinted on the application. The
information required by paragraphs (2) and (3) of subdivision (a)
shall be personally affixed by the voter.
   (2) An address, as required by paragraph (2) of subdivision (a),
may not be the address of a political party, a political campaign
headquarters, or a candidate's residence. However, a candidate, his
or her spouse, an immediate family member of the candidate, and any
other voter who shares the same residence address as the candidate
may request that a vote by mail ballot be mailed to the candidate's
residence address.
   (3) An application that contains preprinted information shall
contain a conspicuously printed statement, as follows: "You have the
legal right to mail or deliver this application directly to the local
elections official of the county where you reside."
   (c) The application shall inform the voter that if he or she is
not affiliated with a political party, the voter may request a vote
by mail ballot for a particular political party for the primary
election, if that political party has adopted a party rule, duly
noticed to the Secretary of State, authorizing that vote. The
application shall contain a toll-free telephone number, established
by the Secretary of State, that the voter may call to access
information regarding which political parties have adopted such a
rule. The application shall contain a checkoff box with a
conspicuously printed statement that reads, as follows: "I am not
presently affiliated with any political party. However, for this
primary election only, I request a vote by mail ballot for the ____
Party." The name of the political party shall be personally affixed
by the voter.
   (d) The application shall provide the voter with information
concerning the procedure for establishing permanent vote by mail
voter status, and the basis upon which permanent vote by mail voter
status is claimed.
   (e) The application shall be attested to by the voter as to the
truth and correctness of its content, and shall be signed under
penalty of perjury.
  SEC. 35.  Section 3007.5 of the Elections Code is amended to read:
   3007.5.  (a) The Secretary of State shall prepare and distribute
to the appropriate elections official a uniform electronic
application format for a vote by mail voter's ballot that conforms to
this section.
   (b) The uniform electronic application shall contain spaces for at
least the following information:
   (1) The name and residence address of the registered voter as it
appears on the affidavit of registration or the duplicate of the
document that caused the voter to be registered to vote pursuant to
subdivision (a) or (b) of Section 2101.5.
   (2) The address to which the ballot is to be mailed.
   (3) The name and date of the election for which the request is
made.
   (4) The date the application must be received by the elections
official.
   (5) The date of birth of the registered voter.
   (c) The uniform electronic application shall inform the voter that
if he or she is not affiliated with a political party, the voter may
request a vote by mail ballot for a particular political party for
the primary election, if that political party has adopted a party
rule, duly noticed to the Secretary of State, authorizing that vote.
The application shall contain a toll-free telephone number,
established by the Secretary of State, that the voter may call to
access information regarding which political parties have adopted
such a rule. The application shall list the parties that have
notified the Secretary of State of the adoption of such a rule. The
application shall contain a checkoff box with a conspicuously printed
statement that reads, as follows: "I am not presently affiliated
with any political party. However, for this primary election only, I
request a vote by mail ballot for the ____ Party." The name of the
political party shall be personally affixed by the voter.
   (d) The uniform electronic application shall contain a
conspicuously printed statement, as follows: "Only the registered
voter himself or herself may apply for a vote by mail ballot. An
application for a vote by mail ballot made by a person other than the
registered voter is a criminal offense."
   (e) The uniform electronic application shall include the following
statement: "A ballot will not be sent to you if this application is
incomplete or inaccurate."
   (f) The uniform electronic application format shall not permit the
form to be electronically submitted unless all of the information
required to complete the application is contained in the appropriate
fields.
  SEC. 36.  Section 3009 of the Elections Code is amended to read:
   3009.  (a) Upon receipt of a vote by mail ballot application
signed by the voter that arrives within the proper time, the
elections official should determine if the signature and residence
address on the ballot application appear to be the same as that on
the original affidavit of registration or the duplicate of the
document that caused the voter to be registered to vote pursuant to
subdivision (a) or (b) of Section 2101.5. The elections official may
make this signature check upon receiving the voted ballot, but the
signature must be compared before the vote by mail voter ballot is
canvassed.
   (b) If the elections official deems the applicant entitled to a
vote by mail voter's ballot he or she shall deliver by mail or in
person the appropriate ballot. The ballot may be delivered to the
applicant, his or her spouse, child, parent, grandparent, grandchild,
or sibling, or a person residing in the same household as the vote
by mail voter, except that in no case shall the ballot be delivered
to an individual under 16 years of age. The elections official shall
deliver the vote by mail ballot to the applicant's spouse, child,
parent, grandparent, grandchild, or sibling, or a person residing in
the same household as the vote by mail voter only if that person
signs a statement attested to under penalty of perjury that provides
the name of the applicant and his or her relationship to the
applicant, and affirms that he or she is 16 years of age or older,
and is authorized by the applicant to deliver the vote by mail
ballot.
                                                           (c) 
(1)    If the elections official determines that an
application does not contain all of the information prescribed in
Section 3001 or 3006, or for any other reason is defective, and the
elections official is able to ascertain the voter's address, the
elections official shall, within one working day of receiving the
application, mail the voter a vote by mail voter's ballot together
with a notice. The notice shall inform the voter that the voter's
vote by mail voter's ballot shall not be counted unless the applicant
provides the elections official with the missing information or
corrects the defects prior to, or at the time of, receipt of the
voter's executed vote by mail voter's ballot. The notice shall
specifically inform the voter of the information that is required or
the reason for the defects in the application, and shall state the
procedure necessary to remedy the defective application. 
    If 
    (2)     If  the voter substantially
complies with the requirements contained in the elections official's
notice, the voter's ballot shall be counted. 
    In 
    (3)     In  determining from the
records of registration if the signature and residence address on the
application appear to be the same as that on the original affidavit
of registration or the duplicate of the document that caused the
voter to be registered to vote pursuant to subdivision (a) or (b) of
Section 2101.5, the elections official or registrar of voters may use
the duplicate file of registered voters or the facsimiles of voter's
signatures, provided that the method of preparing and displaying the
facsimiles complies with  the  law.
  SEC. 37.  Section 3011 of the Elections Code is amended to read:
   3011.  (a) The identification envelope shall contain the
following:
   (1) A declaration, under penalty of perjury, stating that the
voter resides within the precinct in which he or she is voting and is
the person whose name appears on the envelope.
   (2) The signature of the voter.
   (3) The residence address of the voter as shown on the affidavit
of registration or the duplicate of the document that caused the
voter to be registered to vote pursuant to subdivision (a) or (b) of
Section 2101.5.
   (4) The date of signing.
   (5) A notice that the envelope contains an official ballot and is
to be opened only by the canvassing board.
   (6) A warning plainly stamped or printed on it that voting twice
constitutes a crime.
   (7) A warning plainly stamped or printed on it that the voter must
sign the envelope in his or her own handwriting in order for the
ballot to be counted.
   (8) A statement that the voter has neither applied, nor intends to
apply, for a vote by mail voter's ballot from any other jurisdiction
for the same election.
   (9) The name of the person authorized by the voter to return the
vote by mail ballot pursuant to Section 3017.
   (10) The relationship to the voter of the person authorized to
return the vote by mail ballot.
   (11) The signature of the person authorized to return the vote by
mail ballot.
   (b) Except at a primary election for partisan office, and
notwithstanding any other provision of law, the vote by mail voter's
party affiliation may not be stamped or printed on the identification
envelope.
  SEC. 38.  Section 3013 of the Elections Code is amended to read:
   3013.  Upon delivering or mailing a vote by mail voter's ballot,
the elections official shall enter on the application of the vote by
mail voter, or on the affidavit of registration or the duplicate of
the document that caused the voter to be registered to vote pursuant
to subdivision (a) or (b) of Section 2101.5, the type of ballot and
the date of delivering or mailing. Before the election the elections
official shall send to the inspector of each precinct in his or her
county or city a list of the voters in that precinct applying for and
receiving ballots under this chapter.
  SEC. 39.  Section 3019 of the Elections Code is amended to read:
   3019.  (a) Upon receipt of the vote by mail ballot the elections
official shall compare the signature on the envelope with that
appearing on the affidavit of registration or the duplicate of the
document that caused the voter to be registered to vote pursuant to
subdivision (a) or (b) of Section 2101.5. If the signatures compare,
the elections official shall deposit the ballot, still in the
identification envelope, in a ballot container in his or her office.
A variation of the signature caused by the substitution of initials
for the first or middle name, or both, shall not invalidate the
ballot. If the ballot is rejected because the signatures do not
compare, the envelope shall not be opened and the ballot shall not be
counted. The cause of the rejection shall be written on the face of
the identification envelope.
   (b) If the elections official has compared the signature of the
voter's application with the registration document pursuant to
Section 3009, the application may be used rather than the
registration document to make the signature check required by this
section.
   (c) No ballot shall be removed from its identification envelope
until the time for processing. No ballot shall be rejected for cause
after the envelope has been opened.
   (d) In determining from the records of registration if the
signature and residence address on the identification envelope appear
to be the same as that on the affidavit of registration or the
duplicate of the document that caused the voter to be registered to
vote pursuant to subdivision (a) or (b) of Section 2101.5, the
elections official or registrar of voters may use the duplicate file
of registered voters or the facsimiles of voters' signatures,
provided that the method of preparing and displaying the facsimiles
complies with the law.
  SEC. 40.  Section 3021 of the Elections Code is amended to read:
   3021.  (a) After the close of the period for requesting a vote by
mail voter ballot by mail a voter unable to go to the polls because
of illness or disability resulting in his or her confinement in a
hospital, sanatorium, nursing home, or place of residence  ,
  ;  or a voter unable because of a physical
handicap to go to his or her polling place or because of that
handicap is unable to vote at his or her polling place due to an
existing architectural barrier at his or her polling place denying
him or her physical access to the polling place, voting booth, or
voting apparatus or machinery  ,   ;  or a
voter unable to go to his or her polling place because of a condition
resulting in his or her absence from the precinct on election day
may request in a written statement, signed under penalty of perjury,
that a ballot be delivered to him or her. This written statement
shall not be required if the vote by mail ballot is voted in the
office of the elections official as defined by subdivision (b) of
Section 3018, at the time of the request. This ballot shall be
delivered by the elections official to an authorized representative
of the voter who presents this written statement to the elections
official.
   (b) Before delivering the ballot the elections official may
compare the signature on the request with the signature on the voter'
s affidavit of registration or the duplicate of the document that
caused the voter to be registered to vote pursuant to subdivision (a)
or (b) of Section 2101.5, but in any event, the signature shall be
compared before the vote by mail ballot is canvassed.
   (c) The voter shall mark the ballot, place it in the
identification envelope, fill out and sign the envelope, and return
the ballot, personally or through the authorized representative, to
either the elections official or a polling place within the
jurisdiction.
   (d) These ballots shall be processed and counted in the same
manner as other vote by mail ballots.
  SEC. 41.  Section 3305 of the Elections Code is amended to read:
   3305.  Upon receipt of an application for registration and a vote
by mail ballot by a person who meets the requirements of Section
3302, the county elections official shall determine the following:
   (a) That the last domicile of the applicant in the United States
was in the county to which the person has applied. If the last
domicile of the applicant in the United States was in another county,
the elections official shall forward the application to that county.

   (b) That the applicant is not currently registered. If the
applicant is registered as a resident of the county, the elections
official shall cancel the voter's registration.
  SEC. 42.  Section 3501 of the Elections Code is amended to read:
   3501.  A new citizen registering to vote after the close of
registration shall provide the county elections official with proof
of citizenship prior to voting, and shall declare that he or she has
established residency in California. Upon receipt of proof of
citizenship and California residency, the county elections official
shall instate the affiant as a registered voter and include his or
her affidavit of registration in the permanent file of voter
registrations.
  SEC. 43.  Section 9094 of the Elections Code is amended to read:
   9094.  (a) The Secretary of State shall mail a ballot pamphlet to
a voter, in those instances in which the county elections official
uses data processing equipment to store the information set forth in
the affidavits of registration and the duplicates of the documents
that caused voters to be registered to vote pursuant to subdivision
(a) or (b) of Section 2101.5, before the election at which a measure
contained in the ballot pamphlet is to be voted on unless a voter has
registered fewer than 29 days before the election. The mailing shall
commence not less than 40 days before the election and shall be
completed no later than 21 days before the election for those voters
who registered on or before the 60th day before the election. The
Secretary of State shall mail one copy of the ballot pamphlet to a
registered voter at the postal address stated on the voter's
affidavit of registration or the duplicate of the document that
caused the voter to be registered to vote pursuant to subdivision (a)
or (b) of Section 2101.5, or the Secretary of State may mail only
one ballot pamphlet to two or more registered voters having the same
surname and the same postal address.
   (b) In those instances in which the county elections official does
not utilize data processing equipment to store the information set
forth in the affidavits of registration and the duplicates of the
documents that caused voters to be registered to vote pursuant to
subdivision (a) or (b) of Section 2101.5, the Secretary of State
shall furnish ballot pamphlets to the county elections official not
less than 45 days before the election at which a measure contained in
the ballot pamphlet is to be voted on and the county elections
official shall mail a ballot pamphlet to a voter, on the same dates
and in the same manner provided by subdivision (a).
   (c) The Secretary of State shall provide for the mailing of a
ballot pamphlet to a voter registering after the 60th day before the
election and before the 28th day before the election, by either: (1)
mailing in the manner as provided in subdivision (a), or (2)
requiring the county elections official to mail a ballot pamphlet to
a voter registering in the county after the 60th day before the
election and before the 28th day before the election pursuant to this
section. The second mailing of ballot pamphlets shall be completed
no later than 10 days before the election. The county elections
official shall mail a ballot pamphlet to a person requesting a ballot
pamphlet. Three copies, to be supplied by the Secretary of State,
shall be kept at every polling place, while an election is in
progress, so that they may be freely consulted by the voters.
  SEC. 44.  Section 14310 of the Elections Code is amended to read:
   14310.  (a) At an election, 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 vote by mail ballots, and shall be
completed in the same manner as vote by mail 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
vote by mail ballots, the elections official shall compare the
signature on each provisional ballot envelope with the signature on
the voter's affidavit of registration or the duplicate of the
document that caused the voter to be registered to vote pursuant to
subdivision (a) or (b) of Section 2101.5. 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) A provisional ballot shall not be included in a 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. A judicial action or appeal shall
have priority over all other civil matters. No fee shall be charged
to the claimant by the clerk of the court for services rendered in an
action under this section.
   (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 her 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 a 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 a vote by mail voter described by
Section 3015 who is unable to surrender his or her unvoted vote by
mail voter's ballot.
   (g) An existing supply of envelopes marked "special challenged
ballot" may be used until the supply is exhausted.
  SEC. 45.  Section 16442 of the Elections Code is amended to read:
   16442.  After the affidavit is filed with the clerk of the
superior court, a copy of the affidavit shall be personally served
upon the defendant or sent to him or her by registered mail in a
sealed envelope with postage prepaid, addressed to the defendant at
the place of residence named in his or her affidavit of registration
or the duplicate of the document that caused the voter to be
registered to vote pursuant to subdivision (a) or (b) of Section
2101.5. The contestant shall make an affidavit of mailing if he or
she serves the affidavit by mail, and  shall  file it on the
same day with the county elections official.
  SEC. 46.  Section 16462 of the Elections Code is amended to read:
   16462.  No service other than as provided in this section need be
made upon the defendant. The affidavit shall be filed in the office
of the clerk of the superior court within five days after the
completion of the official canvass. Upon the filing of the affidavit,
the county elections official shall forthwith post, in a conspicuous
place in his or her office, a copy of the affidavit. Upon the filing
of the affidavit and its posting, the superior court of the county
shall have jurisdiction of the subject matter and of the parties to
the contest. The contestant on the date of filing the affidavit shall
send by registered mail a copy thereof to the defendant in a sealed
envelope, with postage prepaid, addressed to the defendant at the
place of residence named in the affidavit of registration of the
defendant or the duplicate of the document that caused the 
voter   defendant  to be registered to vote
pursuant to subdivision (a) or (b) of Section 2101.5, and shall make
and file an affidavit of mailing with the county elections official,
which shall become a part of the records of the contest.
  SEC. 47.  Section 17000 of the Elections Code is amended to read:
   17000.  (a) The elections official shall preserve all canceled
original affidavits of registration and the canceled duplicates of
the documents that caused voters to be registered to vote pursuant to
subdivision (a) or (b) of Section 2101.5 for a period of five years,
after which they may be destroyed by that officer.
   (b) In lieu of preserving the canceled original affidavit of
registration or the duplicate of the document that caused the voter
to be registered to vote pursuant to subdivision (a) or (b) of
Section 2101.5, the elections official may, by filming or other
suitable method, record the canceled affidavit or the duplicate of
the document that caused the voter to be registered to vote pursuant
to subdivision (a) or (b) of Section 2101.5 and destroy the affidavit
or the duplicate of the document that caused the voter to be
registered to vote pursuant to subdivision (a) or (b) of Section
2101.5 following the first general election after the date of
cancellation.
  SEC. 48.  Section 17001 of the Elections Code is amended to read:
   17001.  The elections official shall keep a copy of the index to
the affidavits of registration and the duplicates of the documents
that caused voters to be registered to vote pursuant to subdivision
(a) or (b) of Section 2101.5 described in Section 2180 on file as a
public record for election and political research, and governmental
purposes, for a period of five years.
  SEC. 49.  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 or the duplicate of the document
that caused the voter to be registered to vote pursuant to
subdivision (a) or (b) of Section 2101.5 for a registered voter, is
confidential and shall not be disclosed to a 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 the duplicate of the document that caused the
voter to be registered to vote pursuant to subdivision (a) or (b) of
Section 2101.5, or added to the 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.
   (d) The signature of the voter that is shown on the voter
registration card or the duplicate of the document that caused the
voter to be registered to vote pursuant to subdivision (a) or (b) of
Section 2101.5 is confidential and shall not be disclosed to any
person.
  SEC. 50.  Section 23365 of the Government Code is amended to read:
   23365.  The elections official of the principal county shall
furnish to the officers of each precinct the supplies and equipment
as provided for in Sections 14105 and 14110 of the Elections Code.
The elections official of each other affected county from which
territory is proposed to be taken for the proposed county shall
provide to the officers of each precinct the indexes of registration
for the precincts of the proposed county within their respective
county. In addition, the elections official may, with the approval of
the board of supervisors, furnish the original books of affidavits
of registration and the duplicates of the documents that caused
voters to be registered to vote pursuant to subdivision (a) or (b) of
Section 2101.5 or other material necessary to verify signatures.
  SEC. 51.  Section 23374.13 of the Government Code is amended to
read:
   23374.13.  The elections official of the principal county shall
furnish to the officers of each precinct in the approved county the
supplies and equipment as provided for in Sections 14105 and 14110 of
the Elections Code. The elections official of each other affected
county shall provide to the officers of each precinct the indexes of
registration for the precincts of the approved county within their
respective county. In addition, the elections official may, with the
approval of the board of supervisors, furnish the original books of
affidavits of registration and the duplicates of the documents that
caused voters to be registered to vote pursuant to subdivision (a) or
(b) of Section 2101.5 or other material necessary to verify
signatures.
  SEC. 52.  Section 57051 of the Government Code is amended to read:
   57051.  (a) At any time prior to the conclusion of the protest
hearing in the notice given by the executive officer, but not
thereafter, an owner of land or a registered voter within inhabited
territory that is the subject of a proposed change of organization or
reorganization, or an owner of land within uninhabited territory
that is the subject of a proposed change of organization or
reorganization, may file a written protest against the change of
organization or reorganization. A written protest shall state whether
it is made by a landowner or registered voter and the name and
address of the owner of the land affected and the street address or
other description sufficient to identify the location of the land or
the name and address of the registered voter as it appears on the
affidavit of registration or the duplicate of the document that
caused the voter to be registered to vote pursuant to subdivision (a)
or (b) of Section 2101.5. A protest may be made on behalf of an
owner of land by an agent authorized in writing by the owner to act
as agent with respect to that land. A protest may be made on behalf
of a private corporation which is an owner of land by an officer or
employee of the corporation without written authorization by the
corporation to act as agent in making that protest.
   (b) A written protest shall show the date that each signature was
affixed to the protest. A signature without a date or bearing a date
prior to the date of publication of the notice shall be disregarded
for purposes of ascertaining the value of a written protest.
  SEC. 53.  Section 19584.5 is added to the Revenue and Taxation
Code, to read:
   19584.5.  (a) In addition to any other requirements set forth in
this part, the Personal Income Tax filing form prepared by the
Franchise Tax Board shall:
   (1) Request the information to establish whether the taxpayer
satisfies the requirements to be registered to vote pursuant to
Section 2101 of the Elections Code.
   (2) Contain a method by which the taxpayer shall indicate whether
he or she is registered to vote.
   (3) Contain a statement that, if the taxpayer satisfies the
requirements to vote pursuant to Section 2101 of the Elections Code,
he or she shall be registered to vote, unless he or she declines to
be registered to vote or has indicated that he or she is already
registered to vote.
   (4) Contain a method by which the taxpayer may decline to be
registered to vote.
   (5) Request any other information required by state or federal law
for a person to be registered to vote.
   (b) The Franchise Tax Board shall transmit to the county elections
official for the county in which the taxpayer resides a duplicate of
the completed Personal Income Tax filing form  , unless the
taxpayer has declined to register to vote or has indicated that he or
she is already registered to vote.   of the taxpayer if
all of the following are satisfied: 
    (1) The taxpayer has completed the form in its entirety.

    (2) The taxpayer has supplied sufficient information on the
form to indicate that he or she satisfies the requirements to be
registered to vote. 
    (3) The taxpayer has not indicated on the form that he or she
is already registered to vote. 
    (4) The taxpayer has not declined to be registered to vote on
the form. 
    (c) Except where a duty imposed by law requires otherwise, in
implementing this section, the Franchise Tax Board shall comply with
applicable federal and state law relating to privacy and
confidentiality of the information collected, shall collect only the
information necessary to implement this section, and shall not share
the information collected pursuant to
            this section with another agency or person except for a
purpose directly related to voter registration.  
   (c) 
    (d)  The Franchise Tax Board shall confer with the
Secretary of State and shall develop a Personal Income Tax filing
form in compliance with this section not later than July 1, 2009.
  SEC. 54.  Section 12500.5 is added to the Vehicle Code, to read:
   12500.5.  (a) In addition to any other requirements set forth in
this division, the application for a new or renewed California driver'
s license, instruction permit, junior permit, or identification card
shall:
   (1) Request the information to establish whether the applicant
satisfies the requirements to be registered to vote pursuant to
Section 2101 of the Elections Code.
   (2) Contain a method by which the applicant shall indicate whether
he or she is registered to vote.
   (3) Contain a statement that, if the applicant satisfies the
requirements to vote pursuant to Section 2101 of the Elections Code,
he or she shall be registered to vote, unless he or she declines to
be registered to vote or has indicated that he or she is already
registered to vote.
   (4) Contain a method by which the applicant may decline to be
registered to vote.
   (5) Request any other information required by state or federal law
for a person to be registered to vote.
   (b) The Department of Motor Vehicles shall transmit to the county
elections official for the county in which the applicant resides a
duplicate of the completed application for a new or renewed
California driver's license, instruction permit, junior permit, or
identification card  , unless the applicant has declined to
register to vote or has indicated that he or she is already
registered to vote.   of the applicant if all of the
following are satisfied: 
    (1) The applicant has completed the application in its
entirety. 
    (2) The applicant has supplied sufficient information on the
application to indicate that he or she satisfies the requirements to
be registered to vote. 
    (3) The applicant has not indicated on the application that
he or she is already registered to vote. 
    (4) The applicant has not declined to be registered to vote
on the application. 
    (c) Except where a duty imposed by law requires otherwise, in
implementing this section, the Department of Motor Vehicles shall
comply with applicable federal and state law relating to privacy and
confidentiality of the information collected, shall collect only the
information necessary to implement this section, and shall not share
the information collected pursuant to this section with another
agency or person except for a purpose directly related to voter
registration.  
   (c) 
    (d)  The Department of Motor Vehicles shall confer with
the Secretary of State and shall develop applications for a new or
renewed California driver's license, instruction permit, junior
permit, and identification card that are in compliance with this
section not later than July 1, 2009.
  SEC. 55.  Section 12950.5 of the Vehicle Code is amended to read:
   12950.5.  (a) The department shall require a digitized signature
on each driver's license. A digitized signature is an electronic
representation of a handwritten signature.
   (b) The department shall provide to the Secretary of State the
digitized signature of a person who registers to vote on the voter
registration card provided by the department or who completes an
application for a new or renewed California driver's license,
instruction permit, junior permit, or identification card and does
not decline to be registered to vote or has  not  indicated
that he or she is already registered to vote.
   (c) The department shall provide the Secretary of State with
change-of-address information for a voter who indicates that he or
she desires to have his or her address changed for voter registration
purposes.
  SEC. 56.  Section 60211 of the Water Code is amended to read:
   60211.  A person shall not vote at a district election held under
the provisions of this act who is not a voter within the meaning of
the Elections Code, residing in the division of the district in which
he or she casts his or her vote. For the purpose of registering
voters who shall be entitled to vote at district elections, the
county elections official is authorized, in a county in which there
is a district, to indicate upon the affidavit of registration or the
duplicate of the document that caused the voter to be registered to
vote pursuant to subdivision (a) or (b) of Section 2101.5 whether the
voter is a voter of a district.
  SEC. 57.  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.