BILL NUMBER: AB 663	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Morrell

                        FEBRUARY 17, 2011

   An act to add Section 14215.5 to the Elections Code, relating to
elections.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 663, as introduced, Morrell. Elections: voter identification.
   Existing law requires that a person desiring to vote announce his
or her name and address to the precinct board member at the polling
place and then write the information in the roster of voters, except
for specified exceptions.
   This bill would require a person desiring to vote to produce and
show proof of identification, as defined, to the precinct worker at
the polling place. This bill would also provide for a voter to cast a
provisional ballot if the voter declines to provide, or is otherwise
unable to provide, sufficient proof of identification. This bill
would also provide exemptions from the requirement to provide proof
of identification for voters residing in state-licensed care
facilities that are used as polling places, vote by mail and special
absentee voters who cast their ballots by mail, and voters who
establish a religious objection to being photographed. This bill
would also provide that, for purposes of complying with the proof of
identification requirement, a registered voter could obtain a
state-issued identification card from the Department of Motor
Vehicles at no cost.
   Because this bill would increase the duties of local elections
officials regarding conducting elections, 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 14215.5 is added to the Elections Code, to
read:
   14215.5.  (a) A person desiring to vote shall first provide to the
precinct worker at the polling place proof of identification before
being permitted to sign the roster of voters.
   (b) For purposes of this section, "proof of identification" refers
to a document that satisfies all of the following:
   (1) The document shows the name of the individual to whom the
document was issued and the name conforms to the name on the
individual's voter registration record.
   (2) The document shows a photograph of the individual to whom the
document was issued.
   (3) The document includes an expiration date, and the document is
either not expired, or expired after the date of the most recent
general election.
   (4) The document was issued by the United States or the State of
California.
   (c) If the voter is unable or declines to present proof of
identification, or if a member of the precinct board determines that
the proof of identification presented does not meet the requirements
of subdivision (b), the voter may request and be issued a provisional
ballot and be permitted to vote that ballot.
   (d) A provisional ballot cast under subdivision (c) shall only be
counted if, within 10 days following the election, the voter provides
proof of identification that meets the requirements of subdivision
(b) to the county voter registration office or establishes that one
of the exemptions in subdivisions (e), (f), and (g) applies to the
voter.
   (e) A voter who resides at a state-licensed care facility that is
being used as a polling place is not required to provide proof of
identification prior to being permitted to sign the roster of voters
or to cast his or her ballot.
   (f) A vote by mail voter or special absentee voter who votes his
or her ballot by mail shall not be required to provide proof of
identification.
   (g) A voter who executes a sworn affidavit before a superior court
clerk, or county election board, in a manner prescribed by the
board, to declare that the voter has a religious objection to being
photographed, shall be permitted to vote by providing a copy of the
signed affidavit and proof of identification that meets all of the
criteria of subdivision (b) except for the photograph.
   (h) For purposes of complying with this section, a registered
voter may obtain a state-issued identification card from the
Department of Motor Vehicles at no cost once for each period of
validity of the card.
  SEC. 2.  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.