BILL NUMBER: AB 1399 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 13, 2009
INTRODUCED BY Assembly Member Anderson
FEBRUARY 27, 2009
An act relating to citizenship education.
An act to add Section 14218.3 to the Elections Code, relating to
elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 1399, as amended, Anderson. Citizenship education:
School/Law Enforcement Partnership. Elections: voting
identification.
Existing law requires a person desiring to vote to announce his or
her name and address to a precinct board member and to write them on
the roster of voters.
This bill would require a voter, in addition, to present proof of
his or her identity and residency to a member of the precinct board
before receiving a ballot. It would specify the documents that may be
used for this purpose and would authorize any other form of
identification that the Secretary of State determines to be
appropriate. It would permit a voter who is unable to present proof
of identity or residency to cast a provisional ballot.
Because the bill would require county elections official to
develop procedures to implement this bill and 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.
Existing law establishes the School/Law Enforcement Partnership
for the purpose of, among other things, the administration of safe
school programs. The partnership is required to sponsor at least 2
regional conferences for school districts, county offices of
education, agencies serving youth, allied agencies, community-based
organizations, and law enforcement agencies to identify exemplary
programs and techniques that have been effectively used to reduce
school crime. These conferences are authorized to include information
on specified topics, including citizenship education.
This bill would state the intent of the Legislature to enact
legislation relating to the presentation of information on
citizenship education at these regional conferences.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 14218.3 is added to the
Elections Code, to read:
14218.3. (a) A voter shall present proof of his or her identity
and residency to a member of the precinct board before receiving a
ballot.
(1) Proof of identity may be established by presenting any of the
following documents:
(A) A California driver's license.
(B) A California identification card.
(C) A valid voter registration card.
(D) A sample ballot pamphlet for the election with the voter's
name and address printed thereon by the county elections official.
(E) A military identification card.
(F) A Certification of Citizenship issued by the Bureau of
Citizenship and Immigration Services.
(G) A copy of a birth certificate.
(H) Any other form of identification that the Secretary of State
determines to be appropriate.
(2) Proof of residency may be established by presenting any of the
following documents:
(A) A California driver's license.
(B) A California identification card.
(C) A valid voter registration card.
(D) A sample ballot pamphlet for the election with the voter's
name and address printed thereon by the county elections official.
(E) A current utility or telephone bill or stub showing the
correct name and address.
(F) Any other form of identification that the Secretary of State
determines to be appropriate.
(b) The county elections official shall develop procedures to
implement this section in a manner that imposes the least burdensome
requirements upon voters.
(c) A voter who is unable to present proof of his or her identity
or residency as required by this section shall be entitled to vote a
provisional ballot, as provided in Section 14310.
SEC. 2. (a) The Legislature finds that the
procedure under current law requiring a voter to announce his or her
name to a precinct board member before receiving a ballot and
allowing a precinct board member to challenge a potential voter on
specified grounds is insufficient to ensure against voting fraud
because the potential for, and consequences of, abuse are too great.
(b) The Legislature has investigated many other methods to
eliminate voting fraud, and finds that each of the other methods is
more drastic than the method proposed by this act. Because the
current law is ineffective to ensure against voting fraud, the
Legislature finds that the method proposed by this act is the least
drastic means available.
(c) The Legislature finds that Section 1 of this act is necessary
to protect the integrity of the voting process, and by establishing
additional procedures to reduce voting fraud, this act serves a
compelling state interest and its provisions are narrowly tailored to
achieving these objectives.
SEC. 3. 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.
SECTION 1. It is the intent of the Legislature
to enact legislation relating to the presentation of information on
citizenship education at the regional conferences sponsored by the
School/Law Enforcement Partnership.