Senate BillNo. 113


Introduced by Senator Jackson

(Principal coauthor: Senator Calderon)

(Coauthor: Senator Price)

January 15, 2013


An act to amend and repeal Sections 2102, 2106, 2150, and 2205 of the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

SB 113, as introduced, Jackson. Elections: voter registration.

Existing law 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. These provisions 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.

This bill would lower the minimum age for purposes of submitting an affidavit of registration pursuant to these provisions to 15 years of age. The bill also would make conforming changes to existing law. The bill would provide, notwithstanding the contingency described above, that its provisions shall become operative on January 1, 2014.

By requiring local elections officials to process voter registrations submitted by persons 15 years of age or older, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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

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

P2    1

SECTION 1.  

Section 2102 of the Elections Code, as amended
2by Section 2 of Chapter 899 of the Statutes of 2000, is repealed.

begin delete
3

2102.  

(a) A person may not be registered as a voter except by
4affidavit of registration. The affidavit shall be mailed or delivered
5to the county elections official and shall set forth all of the facts
6required to be shown by this chapter. A properly executed
7registration shall be deemed effective upon receipt of the affidavit
8by the county elections official if received on or before the 15th
9day prior to an election to be held in the registrant’s precinct. A
10properly executed registration shall also be deemed effective upon
11receipt of the affidavit by the county elections official if any of
12the following apply:

13(1) The affidavit is postmarked on or before the 15th day prior
14to the election and received by mail by the county elections official.

15(2) The affidavit is submitted to the Department of Motor
16Vehicles or accepted by any other public agency designated as a
17voter registration agency pursuant to the National Voter
18Registration Act of 1993 (42 U.S.C. Sec. 1973gg) on or before the
1915th day prior to the election.

20(3) The affidavit is delivered to the county elections official by
21means other than those described in paragraphs (1) or (2) on or
22before the 15th day prior to the election.

23(b) For purposes of verifying signatures on a recall, initiative,
24or referendum petition or signatures on a nomination paper or any
25other election petition or election paper, a properly executed
26affidavit of registration shall be deemed effective for verification
27purposes if both (a) the affidavit is signed on the same date or a
28date prior to the signing of the petition or paper, and (b) the
29affidavit is received by the county elections official on or before
30the date on which the petition or paper is filed.

31(c) Notwithstanding any other provision of law to the contrary,
32the affidavit of registration required under this chapter may not be
33taken under sworn oath, but the content of the affidavit shall be
P3    1certified as to its truthfulness and correctness, under penalty of
2perjury, by the signature of the affiant.

end delete
3

SEC. 2.  

Section 2102 of the Elections Code, as amended by
4Section 2 of Chapter 364 of the Statutes of 2009, is amended to
5read:

6

2102.  

(a) A person may not be registered as a voter except by
7affidavit of registration. The affidavit shall be mailed or delivered
8to the county elections official and shall set forth all of the facts
9required to be shown by this chapter. A properly executed
10registration shall be deemed effective upon receipt of the affidavit
11by the county elections official if received on or before the 15th
12day prior to an election to be held in the registrant’s precinct. A
13properly executed registration shall also be deemed effective upon
14receipt of the affidavit by the county elections official if any of
15the following apply:

16(1) The affidavit is postmarked on or before the 15th day prior
17to the election and received by mail by the county elections official.

18(2) The affidavit is submitted to the Department of Motor
19Vehicles or accepted by any other public agency designated as a
20voter registration agency pursuant to thebegin insert federalend insert National Voter
21Registration Act of 1993 (42 U.S.C. Sec. 1973gg) on or before the
2215th day prior to the election.

23(3) The affidavit is delivered to the county elections official by
24means other than those described in paragraphs (1) or (2) on or
25before the 15th day prior to the election.

26(b) For purposes of verifying signatures on a recall, initiative,
27or referendum petition or signatures on a nomination paper or any
28other election petition or election paper, a properly executed
29affidavit of registration shall be deemed effective for verification
30 purposes if both of the following conditions are satisfied:

31(1) The affidavit is signed on the same date or a date prior to
32the signing of the petition or paper.

33(2) The affidavit is received by the county elections official on
34or before the date on which the petition or paper is filed.

35(c) Notwithstanding any other provision of law to the contrary,
36the affidavit of registration required under this chapter may not be
37taken under sworn oath, but the content of the affidavit shall be
38certified as to its truthfulness and correctness, under penalty of
39perjury, by the signature of the affiant.

P4    1(d) A person who is at leastbegin delete 17end deletebegin insert 15end insert years of age and otherwise
2meets all eligibility requirements to vote may submit his or her
3affidavit of registration as prescribed by this section. A properly
4executed registration made pursuant to this subdivision shall be
5deemed effective as of the date the affiant will be 18 years of age,
6if the information in the affidavit of registration is still current at
7that time. If the information provided by the affiant in the affidavit
8of registration is not current at the time that the registration would
9otherwise become effective, for his or her registration to become
10effective, the affiant shall provide the current information to the
11proper county elections official as prescribed by this chapter.

12

SEC. 3.  

Section 2106 of the Elections Code, as enacted by
13Section 2 of Chapter 920 of the Statutes of 1994, is repealed.

begin delete
14

2106.  

Any program adopted by a county pursuant to Section
152103 or 2105, that is designed to encourage the registration of
16electors, shall, with respect to any printed literature or media
17announcements made in connection with these programs, contain
18this statement: “A person entitled to register to vote must be a
19United States citizen, a resident of California, not in prison or on
20parole for the conviction of a felony, and at least 18 years of age
21at the time of the election.”

end delete
22

SEC. 4.  

Section 2106 of the Elections Code, as amended by
23Section 3 of Chapter 364 of the Statutes of 2009, is amended to
24read:

25

2106.  

A program adopted by a county pursuant to Section 2103
26or 2105, that is designed to encourage the registration of electors,
27shall, with respect to a printed literature or media announcement
28made in connection with these programs, contain this statement:
29“A person entitled to register to vote must be a United States
30citizen, a resident of California, not in prison or on parole for the
31conviction of a felony, and at least 18 years of age at the time of
32the election. A person may preregister to vote if he or she is a
33United States citizen, a resident of California, not in prison or on
34parole for the conviction of a felony, and at leastbegin delete 17end deletebegin insert 15end insert years of
35age.” A county elections official may continue to use existing
36materials prior to printing new or revised materials required by
37any changes to this section.

38

SEC. 5.  

Section 2150 of the Elections Code, as amended by
39Section 8 of Chapter 1 of the Statutes of 2009, is repealed.

begin delete
40

2150.  

(a) The affidavit of registration shall show:

P5    1(1) The facts necessary to establish the affiant as an elector.

2(2) The affiant’s name at length, including his or her given
3name, and a middle name or initial, or if the initial of the given
4name is customarily used, then the initial and middle name. The
5affiant’s given name may be preceded, at affiant’s option, by the
6designation of Miss, Ms., Mrs., or Mr. A person shall not be denied
7the right to register because of his or her failure to mark a prefix
8to the given name and shall be so advised on the voter registration
9card. This subdivision shall not be construed as requiring the
10printing of prefixes on an affidavit of registration.

11(3) The affiant’s place of residence, residence telephone number,
12if furnished, and e-mail address, if furnished. No person shall be
13denied the right to register because of his or her failure to furnish
14a telephone number or e-mail address, and shall be so advised on
15the voter registration card.

16(4) The affiant’s mailing address, if different from the place of
17residence.

18(5) The affiant’s date of birth to establish that he or she will be
19at least 18 years of age on or before the date of the next election.

20(6) The state or country of the affiant’s birth.

21(7) (A) In the case of an applicant who has been issued a current
22and valid driver’s license, the applicant’s driver’s license number.

23(B) In the case of any other applicant, other than an applicant
24to whom subparagraph (C) applies, the last four digits of the
25applicant’s social security number.

26(C) If an applicant for voter registration has not been issued a
27current and valid driver’s license or a social security number, the
28state shall assign the applicant a number that will serve to identify
29the applicant for voter registration purposes. To the extent that the
30state has a computerized list in effect under this subdivision and
31the list assigns unique identifying numbers to registrants, the
32number assigned under this subparagraph shall be the unique
33identifying number assigned under the list.

34(8) The affiant’s political party preference.

35(9) That the affiant is currently not imprisoned or on parole for
36the conviction of a felony.

37(10) A prior registration portion indicating whether the affiant
38has been registered at another address, under another name, or as
39preferring another party. If the affiant has been so registered, he
P6    1or she shall give an additional statement giving that address, name,
2or party.

3(b) The affiant shall certify the content of the affidavit as to its
4truth and correctness, under penalty of perjury, with the signature
5of his or her name and the date of signing. If the affiant is unable
6to write he or she shall sign with a mark or cross.

7(c) The affidavit of registration shall also contain a space that
8would enable the affiant to state his or her ethnicity or race, or
9both. An affiant may not be denied the ability to register because
10he or she declines to state his or her ethnicity or race.

11(d) If any person, including a deputy registrar, assists the affiant
12in completing the affidavit, that person shall sign and date the
13affidavit below the signature of the affiant.

14(e) The affidavit of registration shall also contain a space to
15permit the affiant to apply for permanent vote by mail status.

16(f) The Secretary of State may continue to supply existing
17affidavits of registration to county elections officials prior to
18printing new or revised forms that reflect the changes made to this
19section by the act that added this subdivision.

end delete
20

SEC. 6.  

Section 2150 of the Elections Code, as amended by
21Chapter 364 of the Statutes of 2009, is amended to read:

22

2150.  

(a) The affidavit of registration shall show:

23(1) The facts necessary to establish the affiant as an elector.

24(2) The affiant’s name at length, including his or her given
25name, and a middle name or initial, or if the initial of the given
26name is customarily used, then the initial and middle name. The
27affiant’s given name may be preceded, at affiant’s option, by the
28designation of Miss, Ms., Mrs., or Mr. A person shall not be denied
29the right to register because of his or her failure to mark a prefix
30to the given name and shall be so advised on the voter registration
31card. This subdivision shall not be construed as requiring the
32printing of prefixes on an affidavit of registration.

33(3) The affiant’s place of residence, residence telephone number,
34if furnished, and e-mail address, if furnished. No person shall be
35denied the right to register because of his or her failure to furnish
36a telephone number or e-mail address, and shall be so advised on
37the voter registration card.

38(4) The affiant’s mailing address, if different from the place of
39residence.

P7    1(5) The affiant’s date of birth to establish that he or she will be
2at least 18 years of age on or before the date of the next election.
3In the case of an affidavit of registration submitted pursuant to
4subdivision (d) of Section 2102, the affiant’s date of birth to
5establish that he or she is at leastbegin delete 17end deletebegin insert 15end insert years of age.

6(6) The state or country of the affiant’s birth.

7(7) (A) In the case of an applicant who has been issued a current
8and valid driver’s license, the applicant’s driver’s license number.

9(B) In the case of any other applicant, other than an applicant
10to whom subparagraph (C) applies, the last four digits of the
11applicant’s social security number.

12(C) If an applicant for voter registration has not been issued a
13current and valid driver’s license or a social security number, the
14state shall assign the applicant a number that will serve to identify
15the applicant for voter registration purposes. To the extent that the
16state has a computerized list in effect under this subdivision and
17 the list assigns unique identifying numbers to registrants, the
18number assigned under this subparagraph shall be the unique
19identifying number assigned under the list.

20(8) The affiant’s political party preference.

21(9) That the affiant is currently not imprisoned or on parole for
22the conviction of a felony.

23(10) A prior registration portion indicating whether the affiant
24has been registered at another address, under another name, or as
25preferring another party. If the affiant has been so registered, he
26or she shall give an additional statement giving that address, name,
27or party.

28(b) The affiant shall certify the content of the affidavit as to its
29truth and correctness, under penalty of perjury, with the signature
30of his or her name and the date of signing. If the affiant is unable
31to write he or she shall sign with a mark or cross.

32(c) The affidavit of registration shall also contain a space that
33would enable the affiant to state his or her ethnicity or race, or
34both. An affiant may not be denied the ability to register because
35he or she declines to state his or her ethnicity or race.

36(d) If a person, including a deputy registrar, assists the affiant
37in completing the affidavit, that person shall sign and date the
38affidavit below the signature of the affiant.

39(e) The affidavit of registration shall also contain a space to
40permit the affiant to apply for permanent vote by mail status.

P8    1(f) The Secretary of State may continue to supply existing
2affidavits of registration to county elections officials prior to
3printing new or revised forms that reflect the changes made to this
4section by the act that added this subdivision.

5

SEC. 7.  

Section 2205 of the Elections Code, as enacted by
6Section 2 of Chapter 920 of the Statutes of 1994, is repealed.

begin delete
7

2205.  

The local registrar of births and deaths shall notify the
8county elections official not later than the 15th day of each month
9of all deceased persons 18 years of age and over, whose deaths
10were registered with him or her or of whose deaths he or she was
11notified by the state registrar of vital statistics during the preceding
12month. This notification shall include at least the name, sex, age,
13birthplace, birthdate, place of residence, date and place of death
14of each decedent.

15The county elections official shall cancel the affidavit of
16registration of each deceased voter.

end delete
17

SEC. 8.  

Section 2205 of the Elections Code, as amended by
18Section 5 of Chapter 364 of the Statutes of 2009, is amended to
19read:

20

2205.  

The local registrar of births and deaths shall notify the
21county elections official not later than the 15th day of each month
22of all deceased personsbegin delete 17end deletebegin insert 15end insert years of age and over, whose deaths
23were registered with him or her or of whose deaths he or she was
24notified by the State Registrar of Vital Statistics during the
25preceding month. This notification shall include at least the name,
26sex, age, birthplace, birth date, place of residence, and date and
27place of death of each decedent.

28The county elections official shall cancel the affidavit of
29registration of the deceased voter.

30

SEC. 9.  

Notwithstanding Section 7 of Chapter 364 of the
31Statutes of 2009, Sections 2, 4, 6, and 8 of this act shall become
32operative on January 1, 2014.

33

SEC. 10.  

If the Commission on State Mandates determines
34that this act contains costs mandated by the state, reimbursement
35to local agencies and school districts for those costs shall be made
36pursuant to Part 7 (commencing with Section 17500) of Division
374 of Title 2 of the Government Code.



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