Amended in Assembly March 19, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 149

Introduced by Assembly Member Weber

January 18, 2013

An act begin insert to add Section 2105.5 to the Elections Code, end insert relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 149, as amended, Weber. Registering to vote: begin insert inmates and end insert persons formerly incarcerated.

Existing law provides that in order to be entitled to register to vote a person must be a United States citizen, a resident of California, 18 years of age, and not be incarcerated or on parole for a felony conviction.

This bill would begin delete state the intent of the Legislature to enact legislation to inform each person who completes all orders of imprisonment that the person may be entitled to register to vote and to provide information to the person on the procedures for registering to vote and a copy of a voter registration application end delete begin insert require each county jail and state prison to provide an affidavit of registration and the most recent version of the Secretary of State’s voting rights guide for incarcerated persons to each inmate, as provided. By imposing new duties on county jails, the bill would impose a state-mandated local program end insert .

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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.

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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.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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(a) The Legislature finds and declares all of the
following:

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(1) Many incarcerated inmates are not aware of the fact that
they may be eligible to register to vote and vote in California
elections.

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(2) Many offenders who are discharged from state prison or
county jail and who are now on parole, postrelease community
supervision, mandatory supervision, or probation, or who may be
discharged therefrom, are not aware that they may be eligible to
register to vote and vote.

end insert begin insert

(3) There are issues on the election ballot that may affect
inmates and their families. Inmates and former offenders on parole,
postrelease community supervision, mandatory supervision, or
probation, or who may be discharged therefrom, are encouraged
to exercise their voting rights to express opinions on those issues.

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(4) Contrary to popular belief, a person who has been convicted
of a felony in California may be eligible to register to vote and
vote after he or she has served his or her sentence and is no longer
on parole.

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(b) It is the intent of the Legislature to encourage each parole
agent, probation officer, or other law enforcement official
responsible for the supervision of a former offender on parole,
probation, mandatory supervision, or postrelease community
supervision to ensure that the offender has been informed that he
or she may be eligible to vote and has been provided with an
affidavit of voter registration and the most recent version of the
Secretary of State’s voting rights guide for incarcerated persons
at any point during the parole, probation, or supervision but no
later than the time at which the individual is discharged from
parole, probation, or supervision.

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begin insert SEC. 2. end insert   

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begin insert Section 2105.5 is added to the end insert begin insert Elections Code end insert begin insert , to read: end insert

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begin insert 2105.5. end insert   

(a) Each county jail and state prison shall provide an
affidavit of registration and the most recent version of the Secretary
of State’s voting rights guide for incarcerated persons to each
inmate, as described in subdivision (b) or (c).

(b) Each county jail shall provide the documents described in
subdivision (a) to each inmate serving a felony sentence upon the
completion of the sentence, and to all other inmates at any time.

(c) Each state prison shall provide the documents described in
subdivision (a) to each inmate upon the completion of his or her
sentence.

(d) The requirements of this section do not apply to an inmate
serving a felony sentence who remains imprisoned until death.

(e) County jails and state prisons shall obtain affidavits of
registration from county elections officials and the voting rights
guide from the Secretary of State.

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begin insert SEC. 3. end insert   

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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.

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SECTION 1.  

It is the intent of the Legislature to enact
legislation to inform each person who completes all orders of
imprisonment that the person may be entitled to register to vote
and to provide information to the person on the procedures for
registering to vote and a copy of a voter registration application.

end delete