BILL NUMBER: SB 641 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Calderon
FEBRUARY 18, 2011
An act to amend Section 2107 of, and to add Article 4.5
(commencing with Section 2170) to Chapter 2 of Division 2 of, the
Elections Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
SB 641, as introduced, Calderon. Voter registration: one-stop
voting.
Existing law establishes procedures regarding the registration of
voters. Under existing law, a person may not be registered to vote
except by affidavit of registration, and a voter may not vote in an
election unless his or her affidavit of registration is executed and
received by the county elections official on or before the 15th day
prior to the election. Existing law permits any registered voter to
vote by a vote by mail ballot, and further permits any voter using a
vote by mail ballot to vote the ballot at the office of the elections
official beginning 29 days before the election.
This bill would establish one-stop voting whereby a person would
be permitted to register to vote and immediately vote on election day
or at any time prior to election day when ballots may be cast. The
bill would require a voter, in order to register and vote by means of
one-stop voting, to visit a location at which one-stop voting is
available, to present proof of identity and current residence, as
specified, and to complete an affidavit of registration. Upon
completing that registration, the voter would be immediately eligible
to vote by regular ballot. If the voter is unable to complete that
registration because the voter is unable to present proof of identity
or proof of current residence, the voter would be permitted to
register and vote by provisional ballot.
The bill would require each county elections official to compile
an index of voters who register to vote by one-stop voting. After the
official canvass of the votes for that election is completed, the
elections official would be required to review the names on the index
and cancel duplicate registrations. The elections official would be
required to send a voter registration form to every person who
properly registered to vote by one-stop voting, and those persons
would be registered for future elections at the address that the
voter declared for purposes of voter registration. The elections
official would be required to notify the district attorney and the
Secretary of State if it appears that a person has engaged in
fraudulent voting.
The bill would require that one-stop voting be available at every
permanent office of a county elections official beginning January 1
of the year following the implementation of VoteCal.
In addition, the bill would require that each location at which
one-stop voting is available have a separate area for the process and
have at least one precinct board member who is trained in one-stop
voting. The bill would authorize the Secretary of State to adopt
appropriate regulations to implement one-stop registration and
voting.
The provisions of the bill establishing one-stop voting would
become operative as of January 1 following the date that VoteCal is
implemented.
By creating new duties for local 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. The Legislature finds and declares all of the
following:
(a) It is a fundamental principle of the United States that the
people shall have access to our systems of democracy without barriers
to their participation.
(b) California currently ranks 41st out of 50 states in voter
turnout.
(c) At the November 4, 2008, statewide general election,
California experienced its largest voter turnout, as well as the
greatest number of persons--798,332--who cast provisional ballots
because of uncertainty about their registration status. While 82
percent of those provisional ballots were ultimately counted, the
county investment of staff overtime and resources to process these
ballots was enormous. At the same time, a significant portion of the
provisional ballots that were not counted resulted from the failure
to timely register. One-stop registration and voting would help
alleviate the staff overtime costs associated with processing
numerous provisional ballots for counties.
(d) One-stop voting, without unnecessary steps, can significantly
increase turnout. The nine states that have enacted one-stop voting
lead the nation in voter turnout.
(e) The more people who vote, the more clearly the public's voice
is heard.
(f) California's registration procedures have not kept up with
available technology to maximize the efficiency of the voting
process.
(g) It is vital that California make every effort to maintain the
integrity of our democracy by ensuring that every eligible voter may
vote on election day.
SEC. 2. Section 2107 of the Elections Code is amended to read:
2107. (a) Except as provided in subdivision
subdivisions (b) and (c) , the county elections
official shall accept affidavits of registration at all times except
during the 14 days immediately preceding any election, when
registration shall cease for that election as to electors residing in
the territory within which the election is to be
held. Transfers of registration for an election may be made from one
precinct to another precinct in the same county at any time
when registration is in progress in the precinct to which
the elector seeks to transfer.
(b) The county elections official shall accept an affidavit of
registration executed as part of a voter registration card in the
forthcoming election if the affidavit is executed on or before the
15th day prior to the election, and if any of the following apply:
(1) The A mailed affidavit is
postmarked on or before the 15th day prior to the election and
received by mail by the county elections official before the
close of the polls on election day .
(2) The affidavit 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) not later than the 15th day
prior to the election.
(3) The affidavit is delivered to the county elections official by
means other than those described in paragraphs (2)
(1) and (3) (2) on
or before the 15th day prior to the election.
(c) The county elections official shall accept an affidavit of
registration that meets the requirements of Article 4.5 (commencing
with Section 2170) at any time before the close of polls on election
day.
SEC. 3. Article 4.5 (commencing with Section 2170) is added to
Chapter 2 of Division 2 of the Elections Code, to read:
Article 4.5. Registration and Voting at One-Stop Voting Sites
2170. For purposes of this article, "VoteCal" means the statewide
voter registration database established by the Secretary of State
and referred to by that designation.
2171. (a) In addition to other methods of voter registration
provided by this code, an elector who is otherwise qualified to vote
under this code and Section 2 of Article II of the California
Constitution may register or reregister to vote at a one-stop voting
site pursuant to this article and immediately thereafter may cast a
ballot on the day of an election or at any time prior to the election
during which ballots may be cast pursuant to existing law.
(b) An elector who is not currently registered to vote in a county
may not register to vote and cast a regular ballot in that county
pursuant to this article unless the elector complies with all of the
following:
(1) The elector visits, on election day or at any time during the
period prior to the election during which ballots may be cast, a
location at which the county elections official in the county in
which the voter resides has made one-stop voting available.
(2) The elector presents proof of identity and proof of current
residence.
(3) The elector completes an affidavit of registration.
(c) For purposes of this article, proof of identity and proof of
current residence shall be consistent with Section 303(b) of the
federal Help America Vote Act of 2002 (42 U.S.C. Sec. 15483(b)) and
shall consist of either of the following:
(1) A photo identification with a current name and address, which
shall include one of the following:
(A) Driver's license or identification card of any state.
(B) Passport.
(C) Military identification card.
(D) A photo identification card designated in the regulations of
the Secretary of State, as set forth in Section 20107 of Title 2 of
the California Code of Regulations, as last amended and filed with
the Secretary of State November 7, 2005, specifying standards for
proof of identity or residence when proof is required by the federal
Help America Vote Act of 2002 (42 U.S.C. Sec. 15301 et seq.).
(2) A photo identification, without a current address from the
list in paragraph (1), and proof of current residence based on a
document that includes the name and current address of the individual
presenting it, and is dated since the date of the last statewide
general election, unless the document is intended to be a permanent,
one-time government document. The document shall be a proof of
residence document designated in the regulations of the Secretary of
State, as set forth in Section 20107 of Title 2 of the California
Code of Regulations, as last amended and filed with the Secretary of
State November 7, 2005, specifying standards for proof of identity or
residence when proof is required by the federal Help America Vote
Act of 2002 (42 U.S.C. Sec. 15301 et seq.).
(d) A county elections official shall accept an affidavit of
registration executed pursuant to this article that includes the
current place of residence and other information required by Article
4 (commencing with Section 2150).
(e) County elections officials shall accept the following as the
elector's proof of identity for purposes of paragraph (2) of
subdivision (b) if the information can be successfully validated by
reference to VoteCal:
(1) The elector's name.
(2) The elector's date of birth.
(3) Either the elector's driver's license number or the last four
digits of the elector's social security number.
2172. (a) An elector who satisfies all the requirements of
subdivision (b) of Section 2171 and whose personal information has
been successfully verified using VoteCal may vote by regular ballot.
(b) If an elector is unable to satisfy the requirements of
paragraph (2) of subdivision (b) of Section 2171, the elector may
vote by provisional ballot. No provisional ballot cast pursuant to
this article may be counted unless and until the elector's voter
registration is processed, verified, and completed, as provided in
Article 5 (commencing with Section 14310) of Chapter 3 of Division
14.
(c) An elections official shall handle each ballot cast pursuant
to this article in a manner that protects the secrecy of the ballot.
(d) It is the intent of the Legislature that each county elections
official make every effort to provide for voting pursuant to this
article by regular ballot.
2173. (a) Each county elections official shall compile an index
of voters who register for an election pursuant to this article.
After the official canvass of the votes for that election is
completed, the elections official shall review the names on the index
and, if any registration executed pursuant to this article is
discovered to be a duplicate registration, the elections official
shall cancel any duplicate voter registrations that may exist, as
provided in Chapter 3 (commencing with Section 2200).
(b) After an election, the elections official shall send a voter
notification form to each person who properly registered to vote for
that election pursuant to this article. Each voter who is sent that
notice shall be registered for future elections at the address at
which the voter is registered. The affidavit of registration of any
person whose voter notification form is returned by the post office
as undeliverable shall be processed in accordance with the procedures
set forth in Section 2221.
(c) If it appears that any voter who registered to vote pursuant
to this article may have committed fraud within the meaning of
Section 18560, the elections official shall immediately notify in
writing both the district attorney and the Secretary of State.
(d) Voter registration pursuant to this article shall not be used
for purposes of the determination of precincts as set forth in
Chapter 3 (commencing with Section 12200) of Division 12.
2174. Beginning January 1 of the year following the date when, as
determined by the Secretary of State, VoteCal is implemented,
one-stop voting shall be available at every permanent office of a
county elections official.
2175. Each location at which one-stop voting is available shall
have a separate area dedicated to one-stop voting. At least one
precinct board member at each of those locations shall be trained
prior to the election in one-stop voting procedures and shall be
assigned to conduct one-stop voting. One-stop voting shall be
conducted in a manner that does not interfere with or delay voting by
persons previously registered to vote.
2176. The Secretary of State may adopt appropriate regulations
for purposes of ensuring the uniform application of this article.
2177. This article shall become operative on January 1 of the
year following the date when, as determined by the Secretary of
State, VoteCal is implemented. That determination shall be promptly
disclosed by the Secretary of State on his or her official Internet
Web site.
SEC. 4. 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.