AB 938, as introduced, Weber. Voting: felons: parolees.
The California Constitution requires the Legislature to provide for the disqualification of electors while imprisoned or on parole for the conviction of a felony. Existing statutory law specifies the qualifications for registration as a voter and excludes from eligibility a person who is in prison or on parole for the conviction of a felony.
Existing law establishes a program of postrelease community supervision, under which certain persons who were convicted of a felony, upon release from prison, may be subject to community supervision provided by a designated county agency. Existing law also establishes mandatory supervision, under which a person convicted of a felony that is punishable by imprisonment in a county jail may serve a concluding portion of his or her sentenced term under the supervision of a county probation officer.
This bill would provide that a person is excluded from voter eligibility if he or she is in state prison or on state parole for the conviction of a felony. This bill would specify that state parole does not include a person on postrelease community supervision or mandatory supervision.
Under existing law, the county elections official is required to cancel the voter registration of a person who is presently imprisoned or on parole for conviction of a felony. The clerk of the superior court of each county, on the basis of the records of the court, is required to furnish to the chief elections official of the county a statement showing the names, addresses, and dates of birth of all persons who have been convicted of a felony since the clerk’s last report. The elections official is then required to cancel the affidavits of registration of those persons who are currently imprisoned or on parole for the conviction of a felony.
This bill would specify that the court clerk’s statement must include only those convicted felons who have been sentenced to state prison and would also specify that the county elections official cancel the affidavit of registration of a person imprisoned or on state parole for a felony conviction whose name, address, and date of birth are the same as reported on the court clerk’s statement.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 2101 of the Elections Code is amended
2to read:
begin insert(a)end insertbegin insert end insert A person entitled to register to vote shall be a United
4States citizen, a resident of California, not inbegin insert stateend insert prison or on
5begin insert stateend insert parole for the conviction of a felony, and at least 18 years of
6age at the time of the next election.
7(b) “State parole” does not include a person on postrelease
8community supervision pursuant to Section 3451 of the Penal Code
9or on mandatory supervision pursuant to subparagraph (B) of
10paragraph (5) of subdivision (h) of Section 1170 of the Penal Code.
Section 2106 of the Elections Code, as enacted by
12Section 2 of Chapter 920 of the Statutes of 1994, is amended to
13read:
begin deleteAny end deletebegin insertA end insertprogram adopted by a county pursuant to Section
152103 or 2105, that is designed to encourage the registration of
16electors, shall, with respect to any printed literature or media
17announcements made in connection with these programs, contain
18this statement: “A person entitled to register to vote must be a
19United States citizen, a resident of California, not inbegin insert stateend insert prison
20or onbegin insert stateend insert parole for the
conviction of a felony, and at least 18
21years of age at the time of the election.”
Section 2212 of the Elections Code is amended to read:
The clerk of the superior court of each county, on the
2basis of the records of the court, shall furnish to the chief elections
3official of the county, not less frequently than the first day of April
4and the first day of September of each year, a statement showing
5thebegin delete names, addresses,end deletebegin insert name, address,end insert andbegin delete datesend deletebegin insert dateend insert of birth ofbegin delete all begin insert
each personend insert who
6personsend deletebegin delete haveend deletebegin insert hasend insert been convicted ofbegin delete feloniesend deletebegin insert a
7felony and sentenced to state prisonend insert since the clerk’s last report.
8The elections official shall, during the first week of April and the
9first week of September in each year, cancel thebegin delete affidavitsend deletebegin insert affidavitend insert
10 of registration ofbegin delete those personsend deletebegin insert
each personend insert whobegin delete areend deletebegin insert isend insert currently
11imprisoned or onbegin insert stateend insert parole for the conviction of a felonybegin insert whose
12name, address, and date of birth is the same as reported on the
13court clerk’s statementend insert. The clerk shall certify the statement under
14the seal of the court.
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