Amended in Assembly April 10, 2013

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 to add Section 2105.5 to the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 149, as amended, Weber. begin delete Registering to vote: end delete begin insert Voting rights: end insert inmates and 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 require begin delete each county jail and state prison end delete begin insert the Department of Corrections and Rehabilitation, end insert begin insert county jails, and county probation departments end insert to provide begin delete 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 end delete begin insert specified voting rights information to persons under their jurisdictions end insert . By imposing new duties on county jails begin insert and county probation departments end insert , 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.  

begin delete (a) end delete begin delete   end delete The Legislature finds and declares begin delete all of
the end delete begin delete following: end delete begin insert that many people with criminal convictions, whether
they are presently serving a sentence or have completed a sentence,
are unaware that they may be eligible to vote. It is the intent of
the Legislature to encourage the Department of Corrections and
Rehabilitation, county jails, and county probation departments to
provide voter eligibility information and affidavits of registration
to eligible voters consistent with this act. end insert

begin delete

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

(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.

(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.

(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.

(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.

end delete

SEC. 2.  

Section 2105.5 is added to the Elections Code, to read:

begin delete

2105.5.  

(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)

end delete

begin insert

begin insert 2105.5. end insert   

end insert begin insert

(a) The Department of Corrections and Rehabilitation
shall do all of the following with respect to each parolee under
the jurisdiction of the department upon the completion of his or
her parole:

end insert begin insert

(1) Provide the parolee the most recent version of the Secretary
of State’s voting rights guide for incarcerated persons.

end insert begin insert

(2) Inform the parolee, at the time the parolee is provided the
guide described in paragraph (1), that he or she may be eligible
to vote.

end insert begin insert

(3) Provide the parolee an affidavit of registration.

end insert begin insert

(b) Each county jail shall do all of the following with respect
to each inmate of the jail:

end insert begin insert

(1) Provide the inmate the most recent version of the Secretary
of State’s voting rights guide for incarcerated persons.

end insert begin insert

(2) Provide the inmate, upon the inmate’s request, an affidavit
of registration if the inmate is eligible to register to vote.

end insert begin insert

(c) Each county probation department shall do all of the
following with respect to each person under the department’s
supervision:

end insert begin insert

(1) Provide the person the most recent version of the Secretary
of State’s voting rights guide for incarcerated persons.

end insert begin insert

(2) Inform the person, at the time the person is provided the
guide described in paragraph (1), that he or she may be eligible
to vote.

end insert begin insert

(3) Provide the person, upon the person’s request, an affidavit
of registration if the person is eligible to register to vote.

end insert

begin insert (d) end insert   begin delete County jails and state prisons end delete begin insert The Department of Corrections
and Rehabilitation, county jails, and county probation departments end insert
shall obtain affidavits of registration from county elections officials
and the voting rights guide from the Secretary of State.

SEC. 3.  

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.