BILL NUMBER: AB 1817 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 14, 2014
INTRODUCED BY Assembly Member Gomez
FEBRUARY 18, 2014
An act to add and repeal Section 49041 to
of the Education Code, and to amend
Sections 2103 and 2109 of the Elections Code, relating to
voter registration.
LEGISLATIVE COUNSEL'S DIGEST
AB 1817, as amended, Gomez. Voter registration: deputy
registrars of voters: high school pupils.
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.
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.
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.
This bill would permit the governing board of a school district to
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 register to vote on his or her
high school campus 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 .
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 49041 is added to the
Education Code , to read:
49041. (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.
SEC. 2. Section 49041 is added to the
Education Code , to read:
49041. (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.).
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.