Amended in Assembly May 20, 2013

Amended in Assembly April 22, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 938

Introduced by Assembly Member Weber

February 22, 2013

An act to amend begin delete Sections 2101, 2106, and end delete begin insert Section end insert 2212 of the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 938, as amended, Weber. Voting: felons begin delete : parolees end delete .

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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.

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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.

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This bill would provide that a person is excluded from voter eligibility if he or she is in state or federal prison or on state or federal parole or federal supervised release 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.

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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 begin delete specify that the court clerk’s statement must include only those convicted felons who have been sentenced to state prison and would end delete require that the statement also include the last four digits of the person’s social security number, if available. The bill also would specify that the county elections official is required to cancel the affidavit of registration of a person imprisoned or on state parole for a felony conviction whose name, address, date of birth, and the last four digits of his or her social security number, if available, 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:

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SECTION 1.  

Section 2101 of the Elections Code is amended
to read:

2101.  

(a) A person entitled to register to vote shall be a United
States citizen, a resident of California, not in state or federal prison
or on state or federal parole or federal supervised release for the
conviction of a felony, and at least 18 years of age at the time of
the next election.

(b) “State parole” does not include a person on postrelease
community supervision pursuant to Section 3451 of the Penal Code
or on mandatory supervision pursuant to subparagraph (B) of
paragraph (5) of subdivision (h) of Section 1170 of the Penal Code.

SEC. 2.  

Section 2106 of the Elections Code, as enacted by
Section 2 of Chapter 920 of the Statutes of 1994, is amended to
read:

2106.  

A program adopted by a county pursuant to Section 2103
or 2105, that is designed to encourage the registration of electors,
shall, with respect to any printed literature or media announcements
made in connection with these programs, contain this statement:
“A person entitled to register to vote must be a United States
citizen, a resident of California, not in state or federal prison or on
state or federal parole or federal supervised release for the
conviction of a felony, and at least 18 years of age at the time of
the election.”

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begin delete SEC. 3. end delete
begin insert SECTION 1. end insert   

Section 2212 of the Elections Code is amended
to read:

2212.  

The clerk of the superior court of each county, on the
basis of the records of the court, shall furnish to the chief elections
official of the county, not less frequently than the first day of April
and the first day of September of each year, a statement showing
the name, address, date of birth, and, if available, the last four
digits of the social security number of each person who has been
convicted of a felony begin delete and sentenced to state prison end delete since the clerk’s
last report. The elections official shall, during the first week of
April and the first week of September in each year, cancel the
affidavit of registration of each person who is currently imprisoned
or on state parole for the conviction of a felony whose name,
address, date of birth, and, if available, the last four digits of his
or her social security number is the same as reported on the court
clerk’s statement. The clerk shall certify the statement under the
seal of the court.