BILL NUMBER: AB 938	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 20, 2013
	AMENDED IN ASSEMBLY  APRIL 22, 2013

INTRODUCED BY   Assembly Member Weber

                        FEBRUARY 22, 2013

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


	LEGISLATIVE COUNSEL'S DIGEST


   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 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. 
   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  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:
   
  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."

   SEC. 3.   SECTION 1.   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  and sentenced to state prison
 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.