BILL NUMBER: SB 172 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Florez
FEBRUARY 14, 2009
An act to amend Sections 2116, 2224, 2225, and 2226 of, and to add
Sections 2227 and 2228 to, the Elections Code, relating to voters.
LEGISLATIVE COUNSEL'S DIGEST
SB 172, as introduced, Florez. Voter registration.
Under existing law, the registration of a voter is permanent for
all purposes during his or her life, unless and until the affidavit
of registration is cancelled by a county elections official for a
specified cause. Existing law authorizes a county elections official,
if a voter has not voted in any election within the preceding 4
years, and the residence, address, name, or party affiliation of the
voter has not been updated during that time, to send an alternate
residency confirmation postcard that describes the alternate
residency procedure. If a county uses the alternate residency
confirmation procedure, the county is required to notify all voters
of the procedure in the sample ballot pamphlet or in a separate
mailing. A voter in that county is also given the opportunity to vote
at a statewide primary or general election between the date of the
notice and the beginning of the alternate residency procedure.
Existing law further authorizes a county elections official to cancel
the voter registration of a voter whose name has been placed on the
inactive file of registered voters for failure to respond to a
confirmation mailing or an address verification mailing and who does
not offer to vote or vote at any election between the date of the
mailing and 2 federal general elections after the date of that
mailing.
This bill would instead provide that a county elections official
may cancel the voter registration of a voter whose name has been
placed on the inactive file of registered voters for failure to
respond to a confirmation mailing or an address verification mailing
and who does not offer to vote or vote at any election between the
date of the mailing and 4 federal general elections after the date of
that mailing. The bill would provide that when the voter
registration of a voter is cancelled, the voter may vote at a
subsequent election and have his or her ballot counted, subject to
specified restrictions, if he or she can establish proof of
residency. If the voter votes at the subsequent election and offers
proof of residency within the county where he or she was previously
registered to vote, the name of a voter shall be placed on the active
voter file.
The bill would further provide that if the voter votes at the
subsequent election and offers proof of residency within a different
county, the voter may cast a ballot only for statewide offices,
statewide measures, a presidential candidate, or a candidate for
United States Senate or House of Representatives. If a voter offers
proof of residency within a different county, the elections official
would be required to immediately notify the elections official of the
county to which the voter has moved. Upon receipt of the notice, the
elections official of the county to which the voter has moved would
be required to send to the voter a voter registration card and to
instruct the voter that the voter would be required to reregister on
a new affidavit of registration.
The bill would provide that if the voter registration of a voter
is cancelled and the voter desires to vote in a subsequent election
pursuant to this act and cannot show proof of residency, the voter
may cast a provisional ballot.
By increasing duties of elections officials, 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.
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 2116 of the Elections Code is amended to read:
2116. (a) Whenever a voter, between the time of that person's
last voter registration and the time for the closing of registration
for any given election, has changed his or her residence address by
moving, the voter shall execute a new affidavit of registration or a
notice or a letter of the change of address as permitted in Section
2119, in order to be eligible to vote at the next election.
(b) Notwithstanding subdivision (a), a voter who has changed his
or her residence address by moving may vote at the election
immediately following the change of residence if he or she is
entitled to vote under Section 2035 or 14311.
(c) Notwithstanding subdivision (a), a voter who has changed his
or her residence address by moving may vote an election following the
change of residence if he or she is entitled to vote under Section
2227.
SEC. 2. Section 2224 of the Elections Code is amended to read:
2224. (a) If a voter has not voted in any election within the
preceding four years, and his or her residence address, name, or
party affiliation had not been updated during that time, the county
elections official may send an alternate residency confirmation
postcard. The use of this postcard may be sent subsequent to NCOA or
sample ballot returns, but shall not be used in the residency
confirmation process conducted under Section 2220. The postcard shall
be forwardable, including a postage-paid and preaddressed return
form to enable the voter to verify or correct the address
information, and shall be in substantially the following form:
"If the person named on the postcard is not at this address,
PLEASE help keep the voter rolls current and save taxpayer dollars by
returning this postcard to your mail carrier."
"IMPORTANT NOTICE"
"According to our records you have not voted in any election
during the past four years, which may indicate that you no longer
reside in ____ County. If you continue to reside in this county you
must confirm your residency address in order to remain on the active
voter list and receive election materials in the mail."
"If confirmation has not been received within 15 days, you may be
required to provide proof of your residence address in order to vote
at future elections and, if you do not appear or offer to vote at any
election in the period between the date of this notice and the
second fourth federal general election
after the date of this notice, your voter registration will be
cancelled and you will have to reregister in order to vote ,
unless you can establish proof of residency in this county . If
you no longer live in ____ County, you must reregister at your new
residence address in order to vote in the next election. California
residents may obtain a mail registration form by calling the county
elections office of the Secretary of State's Office."
(b) The use of a toll-free number to confirm the old residence
address is optional. Any change to a voter's address shall be
received in writing.
(c) Any county using the alternate residency confirmation
procedure shall notify all voters of the procedure in the sample
ballot pamphlet or in a separate mailing. The voter shall be given an
opportunity to vote at a statewide primary or general election
between the date of notice and the beginning of the alternate
residency procedure.
SEC. 3. Section 2225 of the Elections Code is amended to read:
2225. (a) Based on change of address data received from the
United States Postal Service or its licensees, the county elections
official shall send a forwardable notice, including a postage-paid
and preaddressed return form, to enable the voter to verify or
correct address information.
Notification received through NCOA or Operation Mail that a voter
has moved and has given no forwarding address shall not require the
mailing of a forwardable notice to that voter.
(b) If a change of address indicates that the voter has moved to a
new residence address in the same county, the forwardable notice
shall be in substantially the following form:
"We have received notification that the voter has moved to a new
residence address in ____ County. You will be registered to vote at
your new address unless you notify our office within 15 days that the
address to which this card was mailed is not a change of your
permanent residence. You must notify our office by either returning
the attached postage-paid postcard, or by calling toll free. If this
is not a permanent residence, and if you do not notify us within 15
days, you may be required to provide proof of your residence address
in order to vote at future elections."
(c) If change of address data indicates that the voter has moved
to a new address in another county, the forwardable notice shall be
in substantially the following form: "We have received notification
that you have moved to a new address not in ____ County. Please use
the attached postage-paid postcard to: (1) advise us if this is or is
not a permanent change of residence address, or (2) to advise us if
our information is incorrect. If you do not return this card within
15 days and continue to reside in ____ County, you may be required to
provide proof of your residence address in order to vote at future
elections and, if you do not offer to vote at any election in the
period between the date of this notice and the second
fourth federal general election following this
notice, your voter registration will be cancelled and you will have
to reregister in order to vote , unless you can establish proof
of residency in this county . If you no longer live in ____
County, you must reregister at your new residence address in order to
vote in the next election. California residents may obtain a mail
registration form by calling the county elections officer or
1-800-345-VOTE."
(d) If postal service change-of-address data received from a
nonforwardable mailing indicates that a voter has moved and left no
forwarding address, a forwardable notice shall be sent in
substantially the following form:
"We are attempting to verify postal notification that the voter to
whom this card is addressed has moved and left no forwarding
address. If the person receiving this card is the addressed voter,
please confirm your continued residence or provide current residence
information on the attached postage-paid postcard within 15 days. If
you do not return this card and continue to reside in ____ County,
you may be required to provide proof of your residence address in
order to vote at future elections and, if you do not offer to vote at
any election in the period between the date of this notice and the
second fourth federal general election
following this notice, your voter registration will be cancelled and
you will have to reregister in order to vote , unless you can
establish proof of residency in this county . If you no longer
live in ____ County, you must reregister at your new residence
address in order to vote in the next election. California residents
may obtain a mail registration form by calling the county elections
office or the Secretary of State's Office."
(e) The use of a toll-free number to confirm the old residence
address is optional. Any change to the voter address must be received
in writing.
SEC. 4. Section 2226 of the Elections Code is amended to read:
2226. (a) Based on change-of-address information received
pursuant to Sections 2220 to 2225, inclusive, or change-of-address
information provided directly by the voter, the county elections
official shall take the following actions as appropriate:
(1) If the information indicates the voter has moved to a new
address within the same county, the county elections official shall
update and correct the voter's registration.
(2) If the information indicates the voter has moved to a new
address in another county, if the mailings have been returned as
undeliverable, or if the voter fails to confirm his or her address as
required by Section 2224, the county elections official may place
the voter's name on the inactive file of registered voters who do not
receive election materials and are not included in calculations to
determine the number of signatures required for qualification of
candidates and measures, precinct size, or other election
administration related processes.
(3) If the voter verifies in writing that he or she has moved to a
residence address in another county, the county elections official
shall cancel the voter registration in the county from which the
voter has moved.
(b) (1) The voter registration of any voter
whose name has been placed on the inactive file of registered voters
for failure to respond to a confirmation mailing as required by
Section 2224 or an address verification mailing required by Section
2225, and who does not offer to vote or vote at any election between
the date of the mailing and two four
federal general elections after the date of that mailing, may be
cancelled.
(2) Notwithstanding paragraph (1), when the voter registration of
a voter is cancelled, the voter may vote at a subsequent election
pursuant to Section 2227.
(c) Any voter whose name has been placed on the inactive file of
registered voters and offers to vote at any election between the date
of the verification notice, and two four
federal general elections after the date of notice, or who
notifies the elections official of a continued residency, shall be
removed from the inactive file and placed on the active voter file.
(d) All address corrections, cancellations, and inactive
transactions made to the voter registration file pursuant to this
section shall be reflected on the voter index as required by Section
2191.
SEC. 5. Section 2227 is added to the Elections Code, to read:
2227. (a) When the voter registration of a voter is cancelled,
the voter may vote in a subsequent election and have his or her
ballot counted if he or she can show proof of residency within the
county where the voter was previously registered. The voter shall not
be required to reregister within the county and the name of a voter
who votes at an election pursuant to this subdivision shall be placed
on the active voter file. The elections official shall change the
address on the voter's affidavit of registration accordingly.
(b) When the voter registration of a voter is cancelled and the
voter shows proof of residency within a different county than the
county where the voter was previously registered, the voter may cast
a ballot only for statewide offices, statewide measures, a
presidential candidate, or a candidate for the United States Senate
or House of Representatives. The elections official shall immediately
notify the elections official of the county to which the voter has
moved. Upon receipt of the notice, the elections official of the
county to which the voter has moved shall send to the voter a voter
registration card, and shall instruct the voter that in order to
record a change of address, the voter must reregister on a new
affidavit of registration.
(c) (1) When the voter shows proof of residency within the county
where the voter was previously registered, the voter is entitled to
vote in the precinct where he or she resides.
(2) If the voter casts his or her ballot in a precinct other than
the precinct where he or she resides, the elections official shall
count the votes for the entire ballot 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.
(3) 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 would
have been entitled to vote in his or her assigned precinct.
(d) For a partisan primary election, the voter shall be given a
ballot for the qualified political party that he or she was
previously registered. If the elections official cannot determine the
qualified political party that the voter was previously registered
with, the voter shall be treated as a voter not registered as
intending to affiliate with any one of the political parties
participating in the election and the voter may cast a ballot as
described in subdivision (b) of Section 13102.
SEC. 6. Section 2228 is added to the Elections Code, to read:
2228. (a) If the voter registration of a voter is cancelled and
the voter desires to vote in a subsequent election pursuant to
Section 2227 but cannot show proof of residency, the voter may cast a
provisional ballot pursuant to Section 14310.
(b) For purposes of Section 14310, a voter whose voter
registration is cancelled shall be deemed to be entitled to vote if
he or she was previously registered to vote within the county and the
voter currently resides within the county.
SEC. 7. 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.