BILL NUMBER: AB 30	CHAPTERED
	BILL TEXT

	CHAPTER  364
	FILED WITH SECRETARY OF STATE  OCTOBER 11, 2009
	APPROVED BY GOVERNOR  OCTOBER 11, 2009
	PASSED THE SENATE  SEPTEMBER 3, 2009
	PASSED THE ASSEMBLY  SEPTEMBER 10, 2009
	AMENDED IN SENATE  SEPTEMBER 2, 2009

INTRODUCED BY   Assembly Member Price
   (Coauthor: Assembly Member Swanson)

                        DECEMBER 1, 2008

   An act to amend Sections 100, 2102, 2106, 2150, and 2205 of the
Elections Code, relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 30, 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 17 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 local 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 local registrar of births and deaths
to notify the county elections official monthly of all deceased
persons 17 years of age and over whose deaths were registered the
preceding month.
   This bill would also make conforming changes to existing law.
   The above provisions of the bill would become operative when the
Secretary of State certifies that the state has a statewide voter
registration database that complies with the requirements of the
federal Help America Vote Act of 2002.
   By requiring local elections officials to process voter
registrations submitted by persons 17 years of age or older, the bill
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.
   This bill would incorporate changes to Section 2150 of the
Elections Code made by SB 6, to become operative only if both this
bill and SB 6 become operative.


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

  SECTION 1.  Section 100 of the Elections Code is amended to read:
   100.  (a) Notwithstanding any other provision of law, whenever an
initiative, referendum, recall, nominating petition or paper, or any
other petition or paper, is required to be signed by voters of a
county, city, school district, or special district subject to
petitioning, only a person who is an eligible registered voter at the
time of signing the petition or paper is entitled to sign the
petition or paper. A person who submits his or her affidavit of
registration pursuant to subdivision (d) of Section 2102 is not
eligible to sign a petition or paper unless at the time of the
signing of the petition or paper he or she is 18 years of age.
   (b) A signer shall at the time of signing the petition or paper
personally affix his or her signature, printed name, and place of
residence, including the street and number of the place of residence,
and if no street or number for the place of residence exists, then a
designation of the place of residence that will enable the location
to be readily ascertained. A space at least one inch wide shall be
left blank after each name for the use of the elections official in
verifying the petition or paper.
   (c) The part of a petition for the signatures, printed names, and
residence addresses of the voters and for the blank spaces for
verification purposes shall be numbered consecutively commencing with
the number one and continuing through the number of signature spaces
allotted to each section. The petition format shall be substantially
in the following form:






                                   Official
                                   Use
                                   Only


+------------------+------------------+------------+
|   (Print Name)   |    (Residence    |            |
|                  |      Address     |            |
|1. _______________|       ONLY)      |            |
|    (Signature)   |                  |            |
|                  |_________________ |            |
|                  |      (City)      |            |
|                  |                  |            |
+------------------+------------------+------------+
|                  |    (Residence    |            |
|                  |      Address     |            |
|   (Print Name)   |       ONLY)      |            |
|                  |                  |            |
|2. _______________|_________________ |            |
|    (Signature)   |      (City)      |            |
|                  |                  |            |
+------------------+------------------+------------+


  SEC. 2.  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 of the following conditions are satisfied:
   (1) The affidavit is signed on the same date or a date prior to
the signing of the petition or paper.
   (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 17 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, if 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. 3.  Section 2106 of the Elections Code is amended to read:
   2106.  A program adopted by a county pursuant to Section 2103 or
2105, that is designed to encourage the registration of electors,
shall, with respect to a printed literature or media announcement
made in connection with these programs, contain this statement: "A
person entitled to register to vote must be a United States citizen,
a resident of California, not in prison or on parole for the
conviction of a felony, and at least 18 years of age at the time of
the election. A person may preregister to vote if he or she is a
United States citizen, a resident of California, not in prison or on
parole for the conviction of a felony, and at least 17 years of age."
A county elections official may continue to use existing materials
prior to printing new or revised materials required by any changes to
this section.
  SEC. 4.  Section 2150 of the Elections Code, as amended by Chapter
508 of the Statutes of 2007, 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 17 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. 4.5.  Section 2150 of the Elections Code, as amended by
Chapter 1 of the Statutes of 2009, 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 17 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 preference.
   (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
preferring 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. 5.  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 17 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, birth date, 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. 6.  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. 7.  Sections 1 to 6, inclusive, of this bill shall become
operative only if the Secretary of State certifies that the state has
a statewide voter registration database that complies with the
requirements of the federal Help America Vote Act of 2002 (42 U.S.C.
Sec. 15301 et seq.).
  SEC. 8.  Section 4.5 of this bill incorporates amendments to
Section 2150 of the Elections Code proposed by both this bill and SB
6. It shall only become operative if (1) both bills are enacted and
become effective on or before January 1, 2011, but this bill becomes
operative first, (2) each bill amends Section 2150 of the Elections
Code, and (3) this bill is enacted after SB 6, in which case Section
2150 of the Elections Code, as amended by Section 4 of this bill,
shall remain operative only until the operative date of SB 6, at
which time Section 4.5 of this bill shall become operative.