Amended in Assembly May 24, 2013

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. Voting rights: begin delete inmates and persons formerly incarcerated. end delete begin insert county probation departments. end insert

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 the Department of Corrections and Rehabilitation, county jails, and county probation departments to provide specified voting rights information to persons under their jurisdictions end delete begin insert each county probation department to either establish and maintain on the county probation department’s Internet Web site a hyperlink to the Secretary of State’s voting rights guide for incarcerated persons or post a notice with the Internet Web site address that contains the Secretary of State’s voting rights guide for incarcerated persons in each probation office where probationers are seen end insert . By imposing new duties on begin delete county jails and end delete county probation departments, 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:

begin delete

SECTION 1.  

The Legislature finds and declares 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.

SEC. 2.  

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

2105.5.  

(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:

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

(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.

(3) Provide the parolee an affidavit of registration.

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

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

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

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

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

(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.

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

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

end delete

begin insert

begin insert SECTION 1. end insert   

end insert

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

begin insert

begin insert 2105.5. end insert   

Each county probation department shall do one of the
following:

(a) Establish and maintain on the county probation department’s
Internet Web site a hyperlink to the Internet Web site at which the
Secretary of State’s voting rights guide for incarcerated persons
may be found.

(b) Post, in each probation office where probationers are seen,
a notice that contains the Internet Web site address at which the
Secretary of State’s voting rights guide for incarcerated persons
may be found.

end insert

begin delete SEC. 3. end delete
begin insert SEC. 2. end insert   

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.