Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 843

Introduced by Assembly Member Logue

February 21, 2013

An act to amend Section 2170 of, and to add begin delete Section end delete begin insert Sections 2102.5, end insert 2170.5 begin insert , and 14314 end insert to, the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 843, as amended, Logue. Voter begin delete registration: conditional voter registration. end delete begin insert registration: identification requirements. end insert

Existing law establishes conditional voter registration, using an affidavit of registration, whereby a person is permitted to register to vote after the 15th day prior to an election or on election day, and cast a provisional ballot to be counted if the conditional voter registration is deemed effective. Existing law establishes the procedures and requirements for determining whether a conditional voter registration is deemed effective and requires the county elections official to offer conditional voter registration and provisional voting at its permanent offices and authorizes the official to offer this registration and voting at satellite offices on election day. begin insert end insert begin insert Under existing law, conditional voter registration becomes operative on January 1 of the year following the year in which the Secretary of State certifies that the state has a statewide voter registration database that complies with the requirements of the federal Help America Vote Act of 2002. end insert

This bill would additionally require that a registrant provide proof of residency in order for a conditional voter registration to be deemed effective. If a conditional voter registration is not deemed effective, the bill would require the elections official to process the affidavit of registration pursuant to existing law, and provided that all other eligibility requirements are met, the bill would deem the registration effective in forthcoming elections. begin delete By imposing additional duties on local officials, the bill would impose a state-mandated local program. end delete

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Existing federal law, the Help America Vote Act of 2002, requires under certain circumstances that a voter who registers to vote by mail present or submit either a current and valid photo identification or a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter the first time the voter votes in a federal election. A person who does not present or submit the appropriate records is allowed to vote by provisional ballot, which is required to be counted if the elections official determines in accordance with state law that the individual is eligible to vote.

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Existing state law entitles a voter claiming to be properly registered but whose qualification or entitlement to vote cannot be immediately established to vote a provisional ballot. Under existing law, it is determined whether a provisional ballot is counted by comparing the signature on each provisional ballot envelope with the signature on the voter’s affidavit of registration.

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This bill would allow a provisional ballot submitted by a person who was not allowed to cast a regular ballot because the person failed to submit or present identification records required by the federal law described above to be counted only if the person presents or submits the required identification records within 10 days after the election.

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Existing state law provides that an affidavit of voter registration may be submitted to a county elections official by mail, may be submitted to the Department of Motor Vehicles or another voter registration agency, or may be delivered to a county elections official by other means.

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This bill would provide that if an affidavit of voter registration is delivered to a county elections official by means other than by mail or by means other than submitting the affidavit to the Department of Motor Vehicles or another voter registration agency, the voter shall be deemed to have registered by mail for purposes of the federal law described above.

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By imposing new duties on local elections officials, the bill would impose a state-mandated local program.

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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.

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:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 2102.5 is added to the end insert begin insert Elections Code end insert begin insert ,
to read: end insert

begin insert

begin insert 2102.5. end insert   

If an affidavit of registration is delivered to a county
elections official in the manner described in paragraph (3) of
subdivision (a) of Section 2102 by a person other than the
registrant, the registrant shall be deemed to have registered to
vote by mail for purposes of Section 15483(b) of Title 42 of the
United States Code.

end insert

begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

Section 2170 of the Elections Code is amended to read:

2170.  

(a) “Conditional voter registration” means a properly
executed affidavit of registration, which is delivered by the
registrant to a county elections official during the 14 days
immediately preceding an election or on election day and which
may be deemed effective pursuant to this article after the elections
official processes the affidavit, determines the registrant’s
eligibility to register, and validates the registrant’s information,
as specified in subdivision (c).

(b) In addition to other methods of voter registration provided
by this code, an elector who is otherwise qualified to register to
vote under this code and Section 2 of Article II of the California
Constitution may complete a conditional voter registration and
cast a provisional ballot during the 14 days immediately preceding
an election or on election day pursuant to this article.

(c) (1) A conditional voter registration shall be deemed effective
if the county elections official is able to determine before or during
the canvass period for the election that the registrant is eligible to
register to vote and that the information provided by the registrant
on the registration affidavit matches information contained in a
database maintained by the California Department of Motor
Vehicles or the federal Social Security Administration.

(2) If the information provided by the registrant on the
registration affidavit cannot be verified pursuant to paragraph (1)
but the registrant is otherwise eligible to vote, the registrant shall
be issued a unique identification number pursuant to Section 2150
and the conditional voter registration shall be deemed effective.

(3) In order for a conditional voter registration to be deemed
effective, the registrant shall additionally provide proof of residence
pursuant to subdivision (a) of Section 2170.5.

(d) The county elections official shall offer conditional voter
registration and provisional voting pursuant to this article, in
accordance with the following procedures:

(1) The elections official shall provide conditional voter
registration and provisional voting pursuant to this article at all
permanent offices of the county elections official in the county.

(2) The elections official shall advise registrants that a
conditional voter registration will be effective only if the registrant
is determined to be eligible to register to vote for the election and
the information provided by the registrant on the registration
affidavit is verified pursuant to subdivision (c).

(3) The elections official shall conduct the receipt and handling
of each conditional voter registration and offer and receive a
corresponding provisional ballot in a manner that protects the
secrecy of the ballot and allows the elections official to process
the registration, to determine the registrant’s eligibility to register,
and to validate the registrant’s information before counting or
rejecting the corresponding provisional ballot.

(4) After receiving a conditional voter registration, the elections
official shall process the registration, determine the registrant’s
eligibility to register, and attempt to validate the information.

(5) If a conditional registration is deemed effective, the elections
official shall include the corresponding provisional ballot in the
official canvass.

(e) The county elections official may offer conditional voter
registration and provisional voting pursuant to this article on
election day at satellite offices of the county elections office, in
accordance with the procedures specified in paragraphs (2) to (5),
inclusive, of subdivision (d).

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

Section 2170.5 is added to the Elections Code, to read:

2170.5.  

(a) A person who completes a conditional voter
registration pursuant to this article shall provide proof of residence
in order to register to vote during the 14 days immediately
preceding an election or on election day. Proof of residence shall
include any of the following:

(1) A valid California driver’s license, driver’s instruction
permit, or identification card.

(2) A valid student identification card with an identifying
photograph.

(3) A tribal identification card with an identifying photograph
and signature.

(4) A signed oath provided by a voter registered in the same
precinct as the registrant who can confirm the registrant’s address.

(5) A signed oath provided by an employee of the residential
facility where the registrant resides who can confirm the registrant’s
address.

(6) Photo identification, which may include a driver’s license,
state identification card, passport, military identification card, tribal
identification card, or student identification card, and a current bill
identifying the name and address of the registrant, which may
include a utility bill due within 30 days of election day, a rent
statement dated within 30 days of election day, or a current fee
statement.

(b) If a conditional voter registration is not deemed effective
pursuant to this article, the elections official shall process the
affidavit of registration pursuant to Sections 2102 and 2107 and,
provided that the registrant meets all other eligibility requirements
to register to vote, the registration shall be deemed effective in
forthcoming elections.

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begin insert SEC. 4. end insert   

Section 14314 is added to the Elections Code, directly
following Section 14313, to read:

begin insert 14314. end insert   

Notwithstanding subdivision (c) of Section 14310, a
provisional ballot submitted by a person who was not allowed to
cast a regular ballot because the person failed to submit or present
identification records required by Section 15483 of Title 42 of the
United States Code shall be counted only if the person presents
or submits the identification records required by Section 15483
of Title 42 of the United States Code within 10 days after the
election.

end insert

begin delete SEC. 3. end delete
begin insert SEC. 5. 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.

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begin insert SEC. 6. end insert   

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begin insert Sections 2 and 3 of this act shall become operative on
January 1 of the year following the year in which the Secretary of
State certifies that the state has a statewide voter registration
database that complies with the requirements of the federal Help
America Vote Act of 2002 (42 U.S.C. Sec. 15301 et seq.). end insert