Amended in Assembly May 14, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1817

Introduced by Assembly Member Gomez

February 18, 2014

An act to add begin insert and repeal end insert Section 49041 begin delete to end delete begin insert of end insert the Education Code, begin delete and to amend Sections 2103 and 2109 of the Elections Code, end delete relating to voter registration.

LEGISLATIVE COUNSEL’S DIGEST

AB 1817, as amended, Gomez. Voter registration: begin delete deputy registrars of voters: end delete high school pupils.

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Under existing law, a person who is a registered voter qualifies for appointment as a deputy registrar of voters. Existing law states that it is the intent of the Legislature that county elections officials, in order to promote and encourage voter registration, shall enlist the support and cooperation of interested citizens and organizations, and shall deputize as registrars qualified citizens. Existing law permits a person deputized as a registrar by the county elections official to register voters. Existing law permits the governing board of a county, city, city and county, district, or other public agency to authorize and assign an officer or employee to become a deputy registrar of voters and register qualified citizens on any premise or facility owned or controlled by the agency.

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Under existing law, a person may not be registered as a voter except by affidavit of registration. A person is entitled to register to vote if he or she is a United States citizen, a resident of California, not in prison or on parole for the conviction of a felony, and at least 18 years of age at the time of the next election. Existing law requires a properly executed affidavit of registration to be deemed effective upon receipt of the affidavit by the county elections official, if received on or before the 15th day prior to an election, or as otherwise specified.

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Existing law, operative when the Secretary of State certifies that the state has a statewide voter registration database that complies with the requirements of the federal Help America Vote Act of 2002, authorizes a person who is at least 17 years of age and otherwise meets all voter eligibility requirements to submit his or her affidavit of registration. The affidavit of registration is deemed effective as of the date the affiant will be 18 years of age.

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This bill would permit the governing board of a school district to authorize a high school pupil 16 years of age or older to begin delete become a deputy registrar of voters and to registrar to vote qualified pupils end delete begin insert register to vote end insert on his or her high school campus begin insert any person who is qualified to register to vote. This bill, operative when the Secretary of State certifies that the state has a statewide voter registration database that complies with the requirements of the federal Help America Vote Act of 2002, would also permit a pupil to register to vote any person who is 17 years of age or older and otherwise meets all voter eligibility requirements end insert .

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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begin insert SECTION 1. end insert   

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begin insert Section 49041 is added to the end insert begin insert Education Code end insert begin insert ,
to read: end insert

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begin insert 49041. end insert   

(a) The governing board of a school district may
authorize a high school pupil 16 years of age or older to register
to vote any person who is entitled to register pursuant to Section
2101 of the Elections Code. A pupil authorized pursuant to this
section shall conduct voter registration on his or her high school
campus only during high school voter weeks, as described in
Section 49040, or at any other time deemed appropriate by the
governing board.

(b) This section shall remain in effect only until the Secretary
of State certifies that the state has a statewide voter registration
database that complies with the requirements of the federal Help
America Vote Act of 2002 (42 U.S.C. Sec. 15301 et seq.) and as
of that date is repealed.

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begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 49041 is added to the end insert begin insert Education Code end insert begin insert , to read: end insert

begin insert

begin insert 49041. end insert   

(a) The governing board of a school district may
authorize a high school pupil 16 years of age or older to register
to vote any person who is entitled to register pursuant to Section
2101 of the Elections Code, or who is 17 years of age or older and
otherwise meets all voter eligibility requirements as specified in
subdivision (d) of Section 2102 of the Elections Code. A pupil
authorized pursuant to this section shall conduct voter registration
on his or her high school campus only during high school voter
weeks, as described in Section 49040, or at any other time deemed
appropriate by the governing board.

(b) This section shall become operative when the Secretary of
State certifies that the state has a statewide voter registration
database that complies with the requirements of the federal Help
America Vote Act of 2002 (42 U.S.C. Sec. 15301 et seq.).

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SECTION 1.  

Section 49041 is added to the Education Code,
to read:

49041.  

The governing board of a school district may authorize
a high school pupil 16 years of age or older to become a deputy
registrar of voters, and to register to vote qualified pupils on his
or her high school campus, pursuant to Section 2103 of the
Elections Code.

SEC. 2.  

Section 2103 of the Elections Code is amended to read:

2103.  

(a) It is the intent of the Legislature that the election
board of each county, in order to promote and encourage voter
registrations, shall establish a sufficient number of registration
places throughout the county, and outside the county courthouse,
for the convenience of persons desiring to register, to the end that
registration may be maintained at a high level.

(b) It is also the intent of the Legislature that county elections
officials, in order to promote and encourage voter registrations,
shall enlist the support and cooperation of interested citizens and
organizations, and shall deputize as registrars qualified citizens in
such a way as to reach most effectively every resident of the
county. The persons so deputized shall be permitted to register
voters anywhere within the county, including at the places of
residence of the persons to be registered, and the county elections
official shall not deny deputy registrars the right to register voters
anywhere in the county.

(c) It is also the intent of the Legislature that
non-English-speaking citizens, like all other citizens, should be
encouraged to vote. Therefore, appropriate efforts should be made
to minimize obstacles to registration by citizens who lack sufficient
skill in English to register without assistance.

(d) If the county elections official finds that citizens described
in subdivision (c) approximate three percent or more of the voting
age residents of a precinct, or if interested citizens or organizations
provide information that the county elections official believes
indicates a need for registration assistance for qualified citizens
described in subdivision (c), the county elections official shall
make reasonable efforts to recruit deputy registrars who are fluent
in a language used by citizens described in subdivision (c) and in
English. That recruitment shall be conducted through the
cooperation of interested citizens and organizations and through
voluntarily donated public service notices in the media, including
newspapers, radio, and television, particularly those media that
serve the non-English-speaking citizens described in subdivision
(c). Deputy registrars so appointed shall facilitate registration in
the particular precincts concerned and shall have the right to
register voters anywhere in the county.

(e) In furtherance of the purposes of this section, the governing
board of a county, city, city and county, district, or other public
agency may authorize and assign any of its officers or employees
to become deputy registrars of voters and to register qualified
citizens on any premises and facilities owned or controlled by
those public agencies during the regular working hours of the
officers or employees. With the exception of firefighters, any
compensation to which the officer or employee may be entitled in
payment for the services of the officer or employee as a deputy
registrar may be paid by the authority that appointed the officer
or employee as a deputy registrar to the public agency that regularly
employs the officer or employee.

(f) In furtherance of the purposes of this section, the governing
board of a school district may authorize a high school pupil 16
years of age or older to become a deputy registrar of voters and to
registrar to vote qualified pupils on his or her high school campus.

(g) It is the intent of the Legislature that no limitation be
imposed on the number of persons appointed to act as deputy
registrars of voters.

(h) It is the intent of the Legislature that county elections
officials be permitted to distribute affidavits of registration and
voter registration cards, in all languages required by Section 203
(42 U.S.C. Sec. 1973aa-1a) or Section 4(f)(4) (42 U.S.C. Sec.
1973b(f)(4)) of the federal Voting Rights Act of 1965, by using
the county’s Internet Web site.

SEC. 3.  

Section 2109 of the Elections Code is amended to read:

2109.  

A person qualifies for appointment as a deputy registrar
of voters if he or she is a registered voter or is a person described
in subdivision (f) of Section 2103.

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