Amended in Senate August 18, 2014

Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 1311


Introduced by Assembly Member Bradford

February 22, 2013


An act to amendbegin delete Sectionend deletebegin insert Sections 2208, 2209, andend insert 11302 of the Elections Code,begin insert and to amend Sections 1823, 1826, 1828, 1851, and 1910 of the Probate Code,end insert relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 1311, as amended, Bradford. Recall electionsbegin insert and voter registrationend insert.

begin insert

(1) Existing law prohibits a person from being registered as a voter except by affidavit of registration. If a court finds that a person is not capable of completing an affidavit of voter registration, as specified, existing law provides that a person shall be deemed mentally incompetent and disqualified from voting.

end insert
begin insert

Existing law regulates the terms and conditions of conservatorships and creates various requirements for a court and a court investigator with regard to informing a proposed conservatee that he or she may be disqualified from voting if he or she is not capable of completing an affidavit of voter registration.

end insert
begin insert

This bill would prohibit a person, including a conservatee, from being disqualified from voting on the basis that the person signs the affidavit of voter registration with a mark or a cross, signs the affidavit of voter registration with a signature stamp, or completes the affidavit of voter registration with the assistance of another person.

end insert
begin delete

Under

end delete

begin insert(2)end insertbegin insertend insertbegin insertUnderend insert existing law, if a vacancy occurs in an office after a recall petition is filed against the vacating officer, the recall election is required to proceed. The vacancy in that office is required to be filled as provided by law, but a person appointed to fill the vacancy holds office only until a successor is selected and qualifies for that office.

This bill would provide that upon the occurrence of a vacancy, the elections official for each county in which a section of the recall petition has been filed is required to immediately verify the signatures on the petition submitted to the elections official as of the date of the vacancy. If the elections official verifies that a sufficient number of signatures were filed as of the date of the vacancy, the recall election would be required to proceed. If the elections official verifies that an insufficient number of signatures, or no signatures, were filed as of the date of the vacancy, the recall election would not proceed and the vacancy in the office that is the subject of the recall election would be filled as otherwise provided by law. The bill would delete the requirement that a person appointed to fill the vacancy holds office only until a successor is selected and instead would prohibit a person who was subject to a recall petition from being appointed to fill the vacancy in the office that he or she vacated or to fill any other vacancy in office on the same governing board for the duration of the term of office of the vacated seat.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 2208 of the end insertbegin insertElections Codeend insertbegin insert is amended
2to read:end insert

3

2208.  

(a) A person shall be deemed mentally incompetent,
4and therefore disqualified from voting, if, during the course of any
5of the proceedings set forth below, the court finds that the person
6is not capable of completing an affidavit of voter registration in
7accordance with Section 2150 and any of the following apply:

8(1) A conservator for the person or the person and estate is
9appointed pursuant to Division 4 (commencing with Section 1400)
10of the Probate Code.

P3    1(2) A conservator for the person or the person and estate is
2appointed pursuant to Chapter 3 (commencing with Section 5350)
3of Part 1 of Division 5 of the Welfare and Institutions Code.

4(3) A conservator is appointed for the person pursuant to
5proceedings initiated under Section 5352.5 of the Welfare and
6Institutions Code, the person has been found not competent to
7stand trial, and the person’s trial or judgment has been suspended
8pursuant to Section 1370 of the Penal Code.

9(4) A person has plead not guilty by reason of insanity, has been
10found to be not guilty pursuant to Section 1026 of the Penal Code,
11and is deemed to be gravely disabled at the time of judgment as
12defined in paragraph (2) of subdivision (h) of Section 5008 of the
13Welfare and Institutions Code.

14(b) If the proceeding under the Welfare and Institutions Code
15is heard by a jury, the jury shall unanimously find that the person
16is not capable of completing an affidavit of voter registration before
17the person shall be disqualified from voting.

18(c) begin deleteWhenever end deletebegin insertIf end insertan order establishing a conservatorship is made
19and in connection with the order it is found that the person is not
20capable of completing an affidavit of voter registration, the court
21shall forward the order and determination to the county elections
22official of the person’s county of residence.

begin insert

23(d) A person shall not be disqualified from voting pursuant to
24this section on the basis that he or she does, or would need to do,
25any of the following to complete an affidavit of voter registration:

end insert
begin insert

26(1) Signs the affidavit of voter registration with a mark or a
27cross pursuant to subdivision (b) of Section 2150.

end insert
begin insert

28(2) Signs the affidavit of voter registration by means of a
29signature stamp pursuant to Section 354.5.

end insert
begin insert

30(3) Completes the affidavit of voter registration with the
31assistance of another person pursuant to subdivision (d) of Section
322150.

end insert
33begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 2209 of the end insertbegin insertElections Codeend insertbegin insert is amended to read:end insert

34

2209.  

(a) For conservatorships established pursuant to Division
354 (commencing with Section 1400) of the Probate Code, the court
36investigator shall, during the yearly or biennial review of the
37conservatorship as required by Chapter 2 (commencing with
38Section 1850) of Part 3 of Division 4 of the Probate Code, review
39the person’s capability of completing an affidavit of voter
40registration in accordance with Section 2150.

P4    1(b) begin insert(1)end insertbegin insertend insert If the person had been disqualified from voting by
2reason of being incapable of completing an affidavit of voter
3registration, the court investigator shall determine whether the
4person has become capable of completing the affidavitbegin insert in
5accordance with Section 2150 and subdivision (d) of Section 2208end insert
,
6andbegin delete,end delete the investigator shall so inform the court.

begin delete

7If

end delete

8begin insert(2)end insertbegin insertend insertbegin insertIf end insertthe investigator finds that the person is capable of
9completing the affidavitbegin insert in accordance with Section 2150 and
10 subdivision (d) of Section 2208end insert
, the court shall hold a hearing to
11determine whether the person is in fact capable of completing the
12affidavit. If the person is found to be capable of completing the
13affidavit, the person’s right to register to vote shall be restoredbegin insert,end insert
14 and the court shall so notify the county elections official.

15(c) If the person had not been found to be incapable of
16completing an affidavit of voter registration, andbegin delete,end delete the court
17investigator determines that the person is no longer capable of
18completing the affidavitbegin insert in accordance with Section 2150 and end insert
19begin insertsubdivision (d) of Section 2208end insert, the investigator shall so notify the
20court. The court shall hold a hearing to determine whether the
21person is capable of completing an affidavit of voterbegin delete registration,
22and, ifend delete
begin insert registration in accordance with Section 2150 and
23subdivision (d) of Section 2208. Ifend insert
the court determines that the
24person is not so able, the court shall order the person to be
25disqualified from votingbegin insert pursuant to Section 2208,end insert and the court
26begin delete willend deletebegin insert shallend insert so notify the county elections official.

27

begin deleteSECTION 1.end delete
28begin insertSEC. 3.end insert  

Section 11302 of the Elections Code is amended to
29read:

30

11302.  

(a) Except as described in paragraph (3) of subdivision
31(b), if a vacancy occurs in an office after a recall petition is filed
32against the vacating officer, the recall election shall nevertheless
33proceed.

34(b) (1) Upon the occurrence of the vacancy, the elections official
35for each county in which a section of the recall petition has been
36filed shall immediately verify the signatures on the petition
37submitted to the elections official as of the date of the vacancy.

38(2) If the elections official verifies that a sufficient number of
39signatures were filed as of the date of the vacancy, the recall
40election shall proceed.

P5    1(3) If the elections official verifies that an insufficient number
2of signatures, or no signatures, were filed as of the date of the
3vacancy, the recall election shall not proceed and a vacancy in the
4office that is the subject of the recall election shall be filled as
5otherwise provided by law.

6(4) A person who was subject to a recall petition may not be
7appointed to fill the vacancy in the office that he or she vacated
8and that person may not be appointed to fill any other vacancy in
9office on the same governing board for the duration of the term of
10office of the seat that he or she vacated.

11begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 1823 of the end insertbegin insertProbate Codeend insertbegin insert is amended to read:end insert

12

1823.  

(a) If the petition is filed by a person other than the
13proposed conservatee, the clerk shall issue a citation directed to
14the proposed conservatee setting forth the time and place of
15hearing.

16(b) The citation shall include a statement of the legal standards
17by which the need for a conservatorship is adjudged as stated in
18Section 1801 and shall state the substance of all of the following:

19(1) The proposed conservatee may be adjudged unable to
20provide for personal needs or to manage financial resources and,
21by reason thereof, a conservator may be appointed for the person
22or estatebegin insert,end insert or both.

23(2) Such adjudication may affect or transfer to the conservator
24the proposed conservatee’s right to contract, in whole or in part,
25to manage and control property, to give informed consent for
26medical treatment, and to fix a residence.

27(3) begin insert(A)end insertbegin insertend insert The proposed conservatee may be disqualified from
28votingbegin insert pursuant to Section 2208 of the Elections Codeend insert ifbegin insert he or she
29isend insert
not capable of completing an affidavit of voter registrationbegin insert in
30accordance with Section 2150 of the Elections Codeend insert
.

begin insert

31(B) The proposed conservatee shall not be disqualified from
32voting on the basis that he or she does, or would need to do, any
33of the following to complete an affidavit of voter registration:

end insert
begin insert

34(i) Signs the affidavit of voter registration with a mark or a
35cross pursuant to subdivision (b) of Section 2150 of the Elections
36Code.

end insert
begin insert

37(ii) Signs the affidavit of voter registration by means of a
38signature stamp pursuant to Section 354.5 of the Elections Code.

end insert
begin insert

P6    1(iii) Completes the affidavit of voter registration with the
2assistance of another person pursuant to subdivision (d) of Section
32150 of the Elections Code.

end insert

4(4) The court or a court investigator will explain the nature,
5purpose, and effect of the proceeding to the proposed conservatee
6and will answer questions concerning the explanation.

7(5) The proposed conservatee has the right to appear at the
8hearing and to oppose the petition, and in the case of an alleged
9developmentally disabled adult, to oppose the petition in part, by
10objecting to any or all of the requested duties or powers of the
11limited conservator.

12(6) The proposed conservatee has the right to choose and be
13represented by legal counsel and has the right to have legal counsel
14appointed by the court if unable to retain legal counsel.

15(7) The proposed conservatee has the right to a jury trial if
16desired.

17begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 1826 of the end insertbegin insertProbate Codeend insertbegin insert is amended to read:end insert

18

1826.  

Regardless of whether the proposed conservatee attends
19the hearing, the court investigator shall do all of the following:

20(a) Conduct the following interviews:

21(1) The proposed conservatee personally.

22(2) All petitioners and all proposed conservators who are not
23petitioners.

24(3) The proposed conservatee’s spouse or registered domestic
25partner and relatives within the first degree. If the proposed
26conservatee does not have a spouse, registered domestic partner,
27or relatives within the first degree, to the greatest extent possible,
28the proposed conservatee’s relatives within the second degree.

29(4) To the greatest extent practical and taking into account the
30proposed conservatee’s wishes, the proposed conservatee’s relatives
31within the second degree not required to be interviewed under
32paragraph (3), neighbors, and, if known, close friends.

33(b) Inform the proposed conservatee of the contents of the
34citation, of the nature, purpose, and effect of the proceeding, and
35of the right of the proposed conservatee to oppose the proceeding,
36to attend the hearing, to have the matter of the establishment of
37the conservatorship tried by jury, to be represented by legal counsel
38if the proposed conservatee so chooses, and to have legal counsel
39appointed by the court if unable to retain legal counsel.

P7    1(c) Determine whether it appears that the proposed conservatee
2is unable to attend the hearing and, if able to attend, whether the
3proposed conservatee is willing to attend the hearing.

4(d) Review the allegations of the petition as to why the
5appointment of the conservator is required and, in making his or
6her determination, do the following:

7(1) Refer to the supplemental information form submitted by
8the petitioner and consider the facts set forth in the form that
9address each of the categories specified in paragraphs (1) to (5),
10inclusive, of subdivision (a) of Section 1821.

11(2) Consider, to the extent practicable, whether he or she
12believes the proposed conservatee suffers from any of the mental
13function deficits listed in subdivision (a) of Section 811 that
14significantly impairs the proposed conservatee’s ability to
15understand and appreciate the consequences of his or her actions
16in connection with any of the functions described in subdivision
17(a) or (b) of Section 1801 and identify the observations that support
18that belief.

19(e) Determine whether the proposed conservatee wishes to
20contest the establishment of the conservatorship.

21(f) Determine whether the proposed conservatee objects to the
22proposed conservator or prefers another person to act as
23conservator.

24(g) Determine whether the proposed conservatee wishes to be
25represented by legal counsel and, if so, whether the proposed
26conservatee has retained legal counsel and, if not, the name of an
27attorney the proposed conservatee wishes to retain.

28(h) begin insert(1)end insertbegin insertend insert Determine whether the proposed conservatee isbegin insert notend insert
29 capable of completing an affidavit of voter registrationbegin insert in
30accordance with Section 2150 of the Elections Code and may be
31disqualified from voting pursuant to Section 2208 of the Elections
32Codeend insert
.

begin insert

33(2) The proposed conservatee shall not be disqualified from
34voting on the basis that he or she does, or would need to do, any
35of the following to complete an affidavit of voter registration:

end insert
begin insert

36(A) Signs the affidavit of voter registration with a mark or a
37cross pursuant to subdivision (b) of Section 2150 of the Elections
38Code.

end insert
begin insert

39(B) Signs the affidavit of voter registration by means of a
40signature stamp pursuant to Section 354.5 of the Elections Code.

end insert
begin insert

P8    1(C) Completes the affidavit of voter registration with the
2assistance of another person pursuant to subdivision (d) of Section
32150 of the Elections Code.

end insert

4(i) If the proposed conservatee has not retained legal counsel,
5determine whether the proposed conservatee desires the court to
6appoint legal counsel.

7(j) Determine whether the appointment of legal counsel would
8be helpful to the resolution of the matter or is necessary to protect
9the interests of the proposed conservatee in any case where the
10proposed conservatee does not plan to retain legal counsel and has
11not requested the appointment of legal counsel by the court.

12(k) Report to the court in writing, at least five days before the
13hearing, concerning all of the foregoing, including the proposed
14conservatee’s express communications concerning both of the
15following:

16(1) Representation by legal counsel.

17(2) Whether the proposed conservatee is not willing to attend
18the hearing, does not wish to contest the establishment of the
19conservatorship, and does not object to the proposed conservator
20or prefer that another person act as conservator.

21(l) Mail, at least five days before the hearing, a copy of the
22report referred to in subdivision (k) to all of the following:

23(1) The attorney, if any, for the petitioner.

24(2) The attorney, if any, for the proposed conservatee.

25(3) The proposed conservatee.

26(4) The spouse, registered domestic partner, and relatives within
27the first degree of the proposed conservatee who are required to
28be named in the petition for appointment of the conservator, unless
29the court determines that the mailing will result in harm to the
30conservatee.

31(5) Any other persons as the court orders.

32(m) The court investigator has discretion to release the report
33required by this section to the public conservator, interested public
34agencies, and the long-term care ombudsman.

35(n) The report required by this section is confidential and shall
36be made available only to parties, persons described in subdivision
37(l), persons given notice of the petition who have requested this
38report or who have appeared in the proceedings, their attorneys,
39and the court. The court has discretion at any other time to release
40the report, if it would serve the interests of the conservatee. The
P9    1clerk of the court shall provide for the limitation of the report
2exclusively to persons entitled to its receipt.

3(o) This section does not apply to a proposed conservatee who
4has personally executed the petition for conservatorship, or one
5who has nominated his or her own conservator, if he or she attends
6the hearing.

7(p) If the court investigator has performed an investigation
8within the preceding six months and furnished a report thereon to
9the court, the court may order, upon good cause shown, that another
10investigation is not necessary or that a more limited investigation
11may be performed.

12(q) Any investigation by the court investigator related to a
13temporary conservatorship also may be a part of the investigation
14for the general petition for conservatorship, but the court
15investigator shall make a second visit to the proposed conservatee
16and the report required by this section shall include the effect of
17the temporary conservatorship on the proposed conservatee.

18(r) The Judicial Council shall, on or before January 1, 2009,
19adopt rules of court and Judicial Council forms as necessary to
20implement an expedited procedure to authorize, by court order, a
21proposed conservatee’s health care provider to disclose confidential
22medical information about the proposed conservatee to a court
23investigator pursuant to federal medical information privacy
24regulations promulgated under the Health Insurance Portability
25and Accountability Act of 1996.

26(s) A superior court shall not be required to perform any duties
27imposed pursuant to the amendments to this section enacted by
28Chapter 493 of the Statutes 2006 until the Legislature makes an
29appropriation identified for this purpose.

30begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 1828 of the end insertbegin insertProbate Codeend insertbegin insert is amended to read:end insert

31

1828.  

(a) Except as provided in subdivision (c), prior to the
32establishment of a conservatorship of the person or estate, or both,
33the court shall inform the proposed conservatee of all of the
34following:

35(1) The nature and purpose of the proceeding.

36(2) The establishment of a conservatorship is a legal adjudication
37of the conservatee’s inability properly to provide for the
38conservatee’s personal needs or to manage the conservatee’s own
39financial resources, or both, depending on the allegations made
P10   1and the determinations requested in the petition, and the effect of
2such an adjudication on the conservatee’s basic rights.

3(3) begin insert(A)end insertbegin insertend insert The proposed conservatee may be disqualified from
4votingbegin insert pursuant to Section 2208 of the Elections Codeend insert ifbegin insert he or she
5isend insert
not capable of completing an affidavit of voter registrationbegin insert in
6accordance with Section 2150 of the Elections Codeend insert
.

begin insert

7(B) The proposed conservatee shall not be disqualified from
8voting on the basis that he or she does, or would need to do, any
9of the following to complete an affidavit of voter registration:

end insert
begin insert

10(i) Signs the affidavit of voter registration with a mark or a
11cross pursuant to subdivision (b) of Section 2150 of the Elections
12Code.

end insert
begin insert

13(ii) Signs the affidavit of voter registration by means of a
14signature stamp pursuant to Section 354.5 of the Elections Code.

end insert
begin insert

15(iii) Completes the affidavit of voter registration with the
16assistance of another person pursuant to subdivision (d) of Section
172150 of the Elections Code.

end insert

18(4) The identity of the proposed conservator.

19(5) The nature and effect on the conservatee’s basic rights of
20any order requested under Chapter 4 (commencing with Section
211870), and in the case of an allegedly developmentally disabled
22adult, the specific effects of each limitation requested in such order.

23(6) The proposed conservatee has the right to oppose the
24proceeding, to have the matter of the establishment of the
25conservatorship tried by jury, to be represented by legal counsel
26if the proposed conservatee so chooses, and to have legal counsel
27appointed by the court if unable to retain legal counsel.

28(b) After the court so informs the proposed conservatee and
29prior to the establishment of the conservatorship, the court shall
30consult the proposed conservatee to determine the proposed
31conservatee’s opinion concerning all of the following:

32(1) The establishment of the conservatorship.

33(2) The appointment of the proposed conservator.

34(3) Any order requested under Chapter 4 (commencing with
35Section 1870), and in the case of an allegedly developmentally
36disabled adult, of each limitation requested in such order.

37(c) This section does not apply where both of the following
38conditions are satisfied:

P11   1(1) The proposed conservatee is absent from the hearing and is
2not required to attend the hearing underbegin delete the provisions ofend delete
3 subdivision (a) of Section 1825.

4(2) Any showing required by Section 1825 has been made.

5begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 1851 of the end insertbegin insertProbate Codeend insertbegin insert is amended to read:end insert

6

1851.  

(a) begin deleteWhen end deletebegin insert(1)end insertbegin insertend insertbegin insertIf end insertcourt review is required pursuant to
7Section 1850, the court investigator shall, without prior notice to
8the conservator except as ordered by the court for necessity or to
9prevent harm to the conservatee, visit the conservatee. The court
10investigator shall inform the conservatee personally that the
11conservatee is under a conservatorship and shall give the name of
12the conservator to the conservatee. The court investigator shall
13determinebegin delete whetherend deletebegin insert all of the following:end insert

14begin insert(A)end insertbegin insertend insertbegin insertWhetheend insertbegin insertrend insert the conservatee wishes to petition the court for
15termination of thebegin delete conservatorship, whetherend deletebegin insert conservatorship.end insert

16begin insert(B)end insertbegin insertend insertbegin insertWhetherend insert the conservatee is still in need of the
17begin delete conservatorship, whetherend deletebegin insert conservatorship.end insert

18begin insert(C)end insertbegin insertend insertbegin insertWhetherend insert the present conservator is acting in the best
19interests of thebegin delete conservatee, and whether the conservatee is capable
20of completing an affidavit of voter registration.end delete
begin insert conservatee.end insert In
21determining whether the conservator is acting in the best interests
22of the conservatee, the court investigator’s evaluation shall include
23an examination of the conservatee’s placement, the quality of care,
24including physical and mental treatment, and the conservatee’s
25finances. To the extent practicable, the investigator shall review
26the accounting with a conservatee who has sufficient capacity. To
27the greatest extent possible, the court investigator shall interview
28individuals set forth in subdivision (a) of Section 1826, in order
29to determine if the conservator is acting in the best interests of the
30conservatee.begin delete Ifend delete

begin insert

31(D) (i) Whether the conservatee is not capable of completing
32an affidavit of voter registration in accordance with Section 2150
33of the Elections Code and may be disqualified from voting pursuant
34to Section 2208 or 2209 of the Elections Code.

end insert
begin insert

35(ii) The conservatee shall not be disqualified from voting on the
36basis that he or she does, or would need to do, any of the following
37to complete an affidavit of voter registration:

end insert
begin insert

38(I) Signs the affidavit of voter registration with a mark or a
39cross pursuant to subdivision (b) of Section 2150 of the Elections
40Code.

end insert
begin insert

P12   1(II) Signs the affidavit of voter registration by means of a
2signature stamp pursuant to Section 354.5 of the Elections Code.

end insert
begin insert

3(III) Completes the affidavit of voter registration with the
4assistance of another person pursuant to subdivision (d) of Section
52150 of the Elections Code.

end insert

6begin insert(2)end insertbegin insertend insertbegin insertIfend insert the court has made an order under Chapter 4 (commencing
7with Section 1870), the court investigator shall determine whether
8the present condition of the conservatee is such that the terms of
9the order should be modified or the order revoked.begin delete Uponend delete

10begin insert(3)end insertbegin insertend insertbegin insertUponend insert request of the court investigator, the conservator shall
11make available to the court investigator during the investigation
12for inspection and copying all books and records, including receipts
13and any expenditures, of the conservatorship.

14(b) (1) The findings of the court investigator, including the
15facts upon which the findings are based, shall be certified in writing
16to the court not less than 15 days prior to the date of review. A
17copy of the report shall be mailed to the conservator and to the
18attorneys of record for the conservator and conservatee at the same
19time it is certified to the court. A copy of the report, modified as
20set forth in paragraph (2), also shall be mailed to the conservatee’s
21spouse or registered domestic partner, the conservatee’s relatives
22in the first degree, and if there are no such relatives, to the next
23closest relative, unless the court determines that the mailing will
24 result in harm to the conservatee.

25(2) Confidential medical information and confidential
26information from the California Law Enforcement
27Telecommunications System shall be in a separate attachment to
28the report and shall not be provided in copies sent to the
29conservatee’s spouse or registered domestic partner, the
30conservatee’s relatives in the first degree, and if there are no such
31relatives, to the next closest relative.

32(c) In the case of a limited conservatee, the court investigator
33shall make a recommendation regarding the continuation or
34termination of the limited conservatorship.

35(d) The court investigator may personally visit the conservator
36and other persons as may be necessary to determine whether the
37present conservator is acting in the best interests of the conservatee.

38(e) The report required by this section shall be confidential and
39shall be made available only to parties, persons described in
40subdivision (b), persons given notice of the petition who have
P13   1requested the report or who have appeared in the proceeding, their
2attorneys, and the court. The court shall have discretion at any
3other time to release the report if it would serve the interests of
4the conservatee. The clerk of the court shall make provision for
5limiting disclosure of the report exclusively to persons entitled
6thereto under this section.

7(f) The amendments made to this section by the act adding this
8subdivision shall become operative on July 1, 2007.

9(g) A superior court shall not be required to perform any duties
10imposed pursuant to the amendments to this section enacted by
11Chapter 493 of the Statutes 2006 until the Legislature makes an
12appropriation identified for this purpose.

13begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 1910 of the end insertbegin insertProbate Codeend insertbegin insert is amended to read:end insert

14

1910.  

begin deleteIf end deletebegin insert(a)end insertbegin insertend insertbegin insertIf end insertthe court determines the conservatee is not
15capable of completing an affidavit of voter registration in
16accordance with Section 2150 of the Elections Code, the court
17shall by order disqualify the conservatee from voting pursuant to
18Section 2208 or 2209 of the Elections Code.

begin insert

19(b) The conservatee shall not be disqualified from voting on the
20basis that he or she does, or would need to do, any of the following
21to complete an affidavit of voter registration:

end insert
begin insert

22(1) Signs the affidavit of voter registration with a mark or a
23cross pursuant to subdivision (b) of Section 2150 of the Elections
24Code.

end insert
begin insert

25(2) Signs the affidavit of voter registration by means of a
26signature stamp pursuant to Section 354.5 of the Elections Code.

end insert
begin insert

27(3) Completes the affidavit of voter registration with the
28assistance of another person pursuant to subdivision (d) of Section
292150 of the Elections Code.

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