AB 131, as introduced, Williams. Voter registration: affidavits: rebuttable presumptions.
Under existing law, when a county elections official receives an affidavit of 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 the presumption that if the affiant fails to identify his or her state of birth within the United States, then it is presumed that the affiant was born in a state or territory of 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 the affiant’s failure to furnish his or her place of birth shall not preclude his or her affidavit of registration from being deemed complete.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 2154 of the Elections Code is amended
2to read:
In the event that the county elections official receives
2an affidavit of registrationbegin insert, executed under penalty of perjury,end insert that
3does not include portions of the information for which space is
4provided, the county elections official shall apply the following
5rebuttable presumptions:
6(a) If no middle name or initial is shown, it shall be presumed
7that none exists.
8(b) If no party preference is shown, it shall be presumed that
9the affiant has declined to disclose a party preference.
10(c) If no execution date is shown, it shall be presumed that the
11affidavit
was executed on or before the 15th day prior to the
12election, provided that (1) the affidavit is received by the county
13elections official on or before the 15th day prior to the election,
14or (2) the affidavit is postmarked on or before the 15th day prior
15to the election and received by mail by the county elections official.
16(d) If the affiant fails to identify his or her state of birth within
17the United States, it shall be presumed that the affiant was born in
18a state or territory of the United States if the birthplace of the
19affiant is shown as “United States,” “U.S.A.,” or other recognizable
20term designating the United States.begin insert The affiant’s failure to furnish end insert
21begin inserthis or her place of birth shall not preclude his or her affidavit of end insert
22begin insertregistration from being deemed complete.end insert
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