BILL NUMBER: AB 106 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 13, 2009
INTRODUCED BY Assembly Member Price
JANUARY 12, 2009
An act to amend Sections 2102, 2142, 2150, 2162, and 2194 of, and
to add Section 2101.5 to, the Elections Code, to amend Section 6254.4
of the Government Code, to add Section 19584.5 to the Revenue and
Taxation Code, and to amend Section 12950.5 of, and to add Section
12500.5 to, the Vehicle Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 106, as amended, Price. Elections: voter registration.
Under existing law, a person may register to vote by completing an
affidavit of registration.
This bill would also provide that a person may register to vote by
completing and submitting to the Department of Motor Vehicles a
voter form on an application for a new or renewed California driver's
license, instruction permit, junior permit, or identification card,
or by completing and submitting to the Franchise Tax Board a voter
form on a Personal Income Tax form. If the person named on these
voter forms 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 18
years of age. The bill would require the Department of Motor Vehicles
and the Franchise Tax Board to transmit these voter forms to the
elections official of the county in which the person resides, unless
the person has not indicated that he or she wishes to be registered
to vote, has not completed the application or form, or has not
supplied sufficient information to indicate that he or she satisfies
the requirements to be registered to vote. Except as specified, these
voter forms would be affidavits of registration.
Because the bill requires elections officials to perform
additional duties, 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 2101.5 is added to the Elections Code, to read:
2101.5. (a) A person may register to vote by properly completing
and submitting to the Department of Motor Vehicles an application for
a new or renewed California driver's license, instruction permit,
junior permit, or identification card or by properly completing and
submitting to the Franchise Tax Board a Personal Income Tax filing
form pursuant to Part 10.2 (commencing with Section 18401) of
Division 2 of the Revenue and Taxation Code. A person who properly
completes and submits to the Department of Motor Vehicles an
application for a new or renewed California driver's license,
instruction permit, junior permit, or identification card or who
properly completes and submits to the Franchise Tax Board a Personal
Income Tax filing form who will not be 18 years of age at the time of
the next election but supplies sufficient information on the
application or form to establish that he or she otherwise satisfies
the requirements to be registered to vote and indicates on the
application or form that he or she wishes 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.
(b) Upon receipt of the duplicate of the document from the
Department of Motor Vehicles transmitted pursuant to Section 12500.5
of the Vehicle Code, or from the Franchise Tax Board transmitted
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 he or she is qualified to vote. If the
duplicate document indicates that the person satisfies the
requirements to be registered to vote, the document
it shall constitute the voter's 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 supplies
sufficient information on the application or form to establish that
he or she 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.
(c) Except as provided in Sections 2137, 2139, 2157, 2159, 2159.5,
2160, 2161, 18108, 18108.1, and 18108.5, all references to
"affidavit of registration" also apply to the duplicate document
received from the Department of Motor Vehicles or the Franchise Tax
Board that caused a voter to be registered.
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
affidavit of registration shall be deemed effective upon receipt of
the affidavit of registration 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 affidavit of
registration shall also be deemed effective upon receipt of the
affidavit of registration by the county elections official if any of
the following apply:
(1) The affidavit of registration is postmarked on or before the
15th day prior to the election and received by mail by the county
elections official.
(2) The affidavit of registration 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 of registration is submitted to the Department
of Motor Vehicles pursuant to Section 12500.5 of the Vehicle Code or
to the Franchise Tax Board pursuant to Section 19584.5 of the Revenue
and Taxation Code on or before the 15th day prior to the election.
(4) The affidavit of registration is delivered to the county
elections official by means other than those described in paragraph
(1), (2), or (3) on or before the 15th day prior to the election.
(b) For purposes of verifying signatures on a recall, initiative,
or referendum petition or signatures on a nomination paper or any
other election petition or election paper, a properly executed
affidavit of registration shall be deemed effective for verification
purposes if both (1) the affidavit of registration is signed on the
same date or a date prior to the signing of the petition or paper,
and (2) the affidavit of registration 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. 3. 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) A fee shall not be charged by the clerk of the court for
services rendered in an action under this section.
SEC. 4. Section 2150 of the Elections Code is amended to read:
2150. (a) The affidavit of registration shall show:
(1) The facts necessary to establish the affiant as an elector.
(2) The affiant's name at length, including his or her given name,
and a middle name or initial, or if the initial of the given name is
customarily used, then the initial and middle name. The affiant's
given name may be preceded, at the 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 when he or she will
be 18 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 any 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 2162 of the Elections Code is amended to read:
2162. (a) An affidavit of registration other than one provided by
the Secretary of State to a county elections official, the national
voter registration form authorized pursuant to the National Voter
Registration Act (42 U.S.C. Sec. 1973gg), the first page of the
application for a new or renewed California driver's license,
instruction permit, junior permit, or identification card provided
pursuant to Section 12500.5 of the Vehicle Code, or the first page of
the Personal Income Tax filing form provided pursuant to Section
19584.5 of the Revenue and Taxation Code, shall not be used for the
registration of a voter.
(b) A voter registration card shall not be altered, defaced, or
changed in any way, other than by the insertion of a mailing address
and the affixing of postage, if mailed, or as otherwise specifically
authorized by the Secretary of State, prior to distribution of the
card.
(c) The affidavit portion of a voter registration card shall not
be marked, stamped, or partially or fully completed by any person
other than an elector attempting to register to vote or by a person
assisting the elector in completing the affidavit at the request of
the elector.
SEC. 6. 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 products
or services 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 any 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
the affidavit of registration 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 affidavit of registration 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 elections officials, 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 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 any
persons who reside at the place of residence or use the mailing
address as supplied on the affidavit of registration pursuant to
paragraphs (3) and (4) of subdivision (a) of Section 2150.
SEC. 7. 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 affidavit of registration for a registered voter, are
confidential and shall not be disclosed to any 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 the affidavit of registration of a
registered voter, 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 affidavit of
registration is confidential and shall not be disclosed to any
person.
SEC. 8. Section 19584.5 is added to the Revenue and Taxation Code,
to read:
19584.5. (a) The first page of the Personal Income Tax filing
form prepared by the Franchise Tax Board shall only request the
taxpayer to provide the following information:
(1) The taxpayer's full name.
(2) The taxpayer's place of residence.
(3) Whether the taxpayer wishes to register to vote.
(4) If the taxpayer wishes to register to vote, the information
requested in an affidavit of registration pursuant to subdivisions
(a), (b), (c), and (e) Section 2150 of the Elections Code.
(5) Any other information required by state or federal law for a
person to be registered to vote.
(b) The first page of the Personal Income Tax filing shall inform
the taxpayer who wishes to register to vote that an elector may
decline to state a political affiliation, but that a person is 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 the
right to vote the ballot of that political party. The first page of
the Personal Income Tax filing form shall also list all political
parties qualified pursuant to Division 5 (commencing with Section
5000) of the Elections Code.
(c) The Franchise Tax Board shall transmit to the county elections
official for the county in which the taxpayer resides a duplicate of
the first page of the completed Personal Income Tax filing form of
the taxpayer if all of the following are satisfied:
(1) The taxpayer has indicated on the first page of the form that
he or she wishes to be registered to vote.
(2) The taxpayer has completed the form in its entirety.
(3) The taxpayer has supplied sufficient information on the form
to indicate that he or she satisfies the requirements to be
registered to vote.
(d) 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.
(e) 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, 2010.
(f) The Franchise Tax Board may continue to supply Personal Income
Tax filing forms in existence on or before July 1, 2010.
SEC. 9. Section 12500.5 is added to the Vehicle Code, to read:
12500.5. (a) The first page of the application for a new or
renewed California driver's license, instruction permit, junior
permit, or identification card shall only request the applicant to
provide the following information:
(1) The applicant's name.
(2) The applicant's place of residence.
(3) Whether the applicant wishes to register to vote.
(4) If the applicant wishes to register to vote, the additional
information requested in an affidavit of registration pursuant to
subdivisions (a), (b), (c), and (e) Section 2150 of the Elections
Code.
(5) Any other information required by state or federal law for a
person to be registered to vote.
(b) The first page of the application shall inform the applicant
who wishes to register to vote that an elector may decline to state a
political affiliation, but that a person is not 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 the right to vote the ballot of that
political party. The first page of the application shall also list
all political parties qualified pursuant to Division 5 (commencing
with Section 5000) of the Elections Code.
(c) The department shall transmit to the county elections official
for the county in which the applicant resides a duplicate of the
first page of the completed application of the applicant if all of
the following are satisfied:
(1) The applicant has indicated on the first page of the
application that he or she wishes to be registered to vote.
(2) 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.
(d) Except where a duty imposed by law requires otherwise, in
implementing this section, the department 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.
(e) The department shall confer with the Secretary of State and
shall develop a Personal Income Tax filing form
an application for a new or renewed California driver's license,
instruction permit, or identification card in compliance with
this section not later than July 1, 2010.
(f) The department may continue to supply applications for a new
or renewed California driver's license, instruction permit, junior
permit, or identification card in existence on or before July 1,
2010.
SEC. 10. 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 whose application for
a new or renewed California driver's license, instruction permit,
junior permit, or identification card is transmitted to the county
elections official for the county in which the applicant resides
pursuant to subdivision (b) of Section 12500.5.
(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. 11. 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.