California Legislature—2013–14 Regular Session

Assembly Bill No. 1170

Introduced by Assembly Member Donnelly

February 22, 2013

An act to amend Section 2226 of the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 1170, as introduced, Donnelly. Voters: registration cancellation.

Existing law requires the county elections official to conduct a preelection residence confirmation procedure by mailing a specified nonforwardable postcard to each registered voter of the county by the 90th day immediately prior to the direct primary election or to contract with a consumer credit reporting agency or its licensees to obtain change-of-address data. Existing law authorizes a county elections official to cancel the voter registration of a voter whose name has been placed on an inactive file of registered voters and who does not offer to vote or vote at any election between the date of a specified address confirmation mailing and 2 federal general elections after the date of that mailing.

This bill would instead require a county elections official to cancel the voter registration of a voter whose name is on the inactive file and does not offer to vote or vote during the above-described period.

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 2226 of the Elections Code is amended
to read:

2226.  

(a) Based on change-of-address information received
pursuant to Sections 2220 to 2225, inclusive, or change-of-address
information provided directly by the voter, the county elections
official shall take the following actions as appropriate:

(1) If the information indicates the voter has moved to a new
address within the same county, the county elections official shall
update and correct the voter’s registration.

(2) If the information indicates the voter has moved to a new
address in another county, if the mailings have been returned as
undeliverable, or if the voter fails to confirm his or her address as
required by Section 2224, the county elections official may place
the voter’s name on the inactive file of registered voters who do
not receive election materials and are not included in calculations
to determine the number of signatures required for qualification
of candidates and measures, precinct size, or other election
administration-related processes.

(3) If the voter verifies in writing that he or she has moved to
a residence address in another county, the county elections official
shall cancel the voter registration in the county from which the
voter has moved.

(b) The voter registration of any voter whose name has been
placed on the inactive file of registered voters for failure to respond
to an address verification mailing required by Section 2225, and
who does not offer to vote or vote at any election between the date
of the mailing and two federal general elections after the date of
that mailing, begin delete may end delete begin insert shall end insert be canceled.

(c) Any voter whose name has been placed on the inactive file
of registered voters and offers to vote at any election between the
date of the verification notice, and two federal general elections
after the date of notice, or who notifies the elections official of a
continued residency, shall be removed from the inactive file and
placed on the active voter file.

(d) All address corrections, cancellations, and inactive
transactions made to the voter registration file pursuant to this
section shall be reflected on the voter index as required by Section
2191.