BILL NUMBER: SB 1434	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 9, 2010
	PASSED THE ASSEMBLY  JULY 1, 2010
	AMENDED IN ASSEMBLY  JUNE 24, 2010

INTRODUCED BY   Senator Price

                        FEBRUARY 19, 2010

   An act to amend Sections 2153 and 2154 of the Elections Code,
relating to voter registration.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1434, Price. Voter registration: incomplete affidavits:
rebuttable presumptions.
   Under existing law, when a county elections official receives an
affidavit of voter registration that does not include all required
information, but the telephone number of the affiant is legibly
included, that official is required to telephone the affiant to
collect the missing information.
   This bill would alternatively permit the county elections official
to contact the affiant by e-mail, if the e-mail address is legibly
provided on the affidavit.
   Additionally, under existing law, when a county elections official
receives an affidavit of voter registration that does not include
portions of information for which space is provided, the county
elections official is required to apply several rebuttable
presumptions. Those presumptions include a presumption that if the
affiant fails to list a middle name or initial then no middle name
exists, and if the affiant fails to list a state of birth within the
United States then it is presumed that the place of birth is in the
United States if the affiant lists his or her birthplace as the
United States, U.S.A., or other recognizable term designating the
United States.
   This bill would provide that if an affiant fails to identify his
or her place of birth, the county elections official shall apply a
rebuttable presumption that the affiant is eligible to register to
vote if the affiant marked the box on the affidavit of registration,
executed under penalty of perjury, that the affiant is a citizen of
the United States.


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

  SECTION 1.  Section 2153 of the Elections Code is amended to read:
   2153.  (a) Except as provided in Section 2154, the affidavit of
registration shall show all the facts required to be stated.
   (b) If the affidavit does not contain all of the information
required, but the telephone number or the e-mail address of the
affiant is legible, the county elections official shall telephone or
e-mail the affiant and attempt to collect the missing information.
   (c) If the affidavit does not contain all of the information
required, and the county elections official is not able to collect
the missing information by telephone or e-mail, but the mailing
address of the affiant is legible, the county elections official
shall inform the affiant of the reason for rejection and shall send
to the affiant a new voter registration card.
  SEC. 2.  Section 2154 of the Elections Code, as amended by Section
11 of Chapter 1 of the Statutes of 2009, is amended to read:
   2154.  In the event that the county elections official receives an
affidavit of registration that does not include portions of the
information for which space is provided, the county elections
official voters shall apply the following rebuttable presumptions:
   (a) If no middle name or initial is shown, it shall be presumed
that none exists.
   (b) If no party preference is shown, it shall be presumed that the
affiant has chosen the "No Party Preference" designation.
   (c) If no execution date is shown, it shall be presumed that the
affidavit was executed on or before the 15th day prior to the
election, provided that (1) the affidavit is received by the county
elections official on or before the 15th day prior to the election,
or (2) the affidavit is postmarked on or before the 15th day prior to
the election and received by mail by the county elections official.
   (d) If the affiant fails to identify his or her state of birth
within the United States, it shall be presumed that the affiant was
born in a state or territory of the United States if the birthplace
of the affiant is shown as "United States," "U.S.A.," or other
recognizable term designating the United States.
   (e) If the affiant fails to identify his or her place of birth, it
shall be presumed that the affiant is eligible to register to vote
if he or she marked the box on the affidavit of registration,
executed under penalty of perjury, that he or she is a citizen of the
United States.