AB 938, as amended, 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 statebegin insert or federalend insert prison or on statebegin insert or federalend insert parolebegin insert or federal supervised releaseend insert 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 wouldbegin insert require that the statement also include the last four digits of the person’s social security number, if available. The billend insert alsobegin insert
wouldend insert specify that the county elections officialbegin insert
is required toend insert cancel the affidavit of registration of a person imprisoned or on state parole for a felony conviction whose name, address,begin delete andend delete date of birthbegin insert, and the last four digits of his or her social security number, if available,end insert 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:
(a) A person entitled to register to vote shall be a United
4States citizen, a resident of California, not in statebegin insert or federalend insert prison
5or on statebegin insert or federalend insert parolebegin insert or federal supervised releaseend insert for the
6conviction of a felony, and at least 18 years of age at the time of
7the next election.
8(b) “State parole” does not include a person on postrelease
9community supervision pursuant
to Section 3451 of the Penal Code
10or on mandatory supervision pursuant to subparagraph (B) of
11paragraph (5) of subdivision (h) of Section 1170 of the Penal Code.
Section 2106 of the Elections Code, as enacted by
13Section 2 of Chapter 920 of the Statutes of 1994, is amended to
14read:
A program adopted by a county pursuant to Section 2103
16or 2105, that is designed to encourage the registration of electors,
17shall, with respect to any printed literature or media announcements
P3 1made in connection with these programs, contain this statement:
2“A person entitled to register to vote must be a United States
3citizen, a resident of California, not in statebegin insert or federalend insert prison or
4on statebegin insert or federalend insert parolebegin insert or federal supervised releaseend insert for the
5
conviction of a felony, and at least 18 years of age at the time of
6the election.”
Section 2212 of the Elections Code is amended to read:
The clerk of the superior court of each county, on the
9basis of the records of the court, shall furnish to the chief elections
10official of the county, not less frequently than the first day of April
11and the first day of September of each year, a statement showing
12the name, address,begin delete andend delete date of birthbegin insert, and, if available, the last four
13digits of the social security numberend insert of
each person who has been
14convicted of a felony and sentenced to state prison since the clerk’s
15last report. The elections official shall, during the first week of
16April and the first week of September in each year, cancel the
17affidavit of registration of each person who is currently imprisoned
18or on state parole for the conviction of a felony whose name,
19address,begin delete andend delete date of birthbegin insert, and, if available, the last four digits of
20his or her social security numberend insert is the same as reported on the
21court clerk’s statement. The clerk shall certify the statement under
22the seal of the court.
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