Amended in Senate January 6, 2014

Senate Bill No. 113

Introduced by Senator Jackson

(Principal coauthor: Senator Calderon)

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(Coauthor: Senator Price)

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(Coauthors: Senators Leno and Padilla)

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January 15, 2013

An act to amend begin delete and repeal end delete Sections 2102, 2106, 2150, begin insert 2155, end insert and 2205 of the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

SB 113, as amended, 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 begin delete 15 end delete begin insert 16 end insert years of age. The bill also would make conforming changes to existing law. begin delete The bill would provide, notwithstanding the contingency described above, that its provisions shall become operative on January 1, 2014. end delete

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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.

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Existing law requires that, upon receipt of a properly executed affidavit of registration or address correction notice or letter, the county elections official send the voter a voter notification containing specified information.

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This bill would require that, if an affidavit of registration is submitted by a person who is at least 16 years of age and otherwise meets all voter eligibility requirements, the county elections official send the voter notification to that voter not more than 60 days prior to the effective date of that affidavit of registration. The bill would also make conforming changes to the voter notification format.

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By imposing new requirements on local elections officials in processing voter registrations and sending voter notifications, the bill would create a state-mandated local program.

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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:

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SECTION 1.  

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by Section 2 of Chapter 899 of the Statutes of 2000, is repealed.

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begin delete SEC. 2. end delete
begin insert SECTION 1. end insert   

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

2102.  

(a) A person begin delete may end delete begin insert shall end insert not be registered as a voter except
by affidavit of registration. The affidavit shall be mailed or
delivered to the county elections official and shall set forth all of
the facts required to be shown by this chapter. A properly executed
registration shall 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 to be held in the registrant’s precinct. A
properly executed registration shall also be deemed effective upon
receipt of the affidavit by the county elections official if any of
the following apply:

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

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

(3) The affidavit is delivered to the county elections official by
means other than those described in begin delete paragraphs end delete begin insert paragraph end insert (1) or
(2) on or before the 15th day prior to the election.

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

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

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

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

(d) A person who is at least begin delete 15 end delete begin insert 16 end insert years of age and otherwise
meets all eligibility requirements to vote may submit his or her
affidavit of registration as prescribed by this section. A properly
executed registration made pursuant to this subdivision shall be
deemed effective as of the date the affiant will be 18 years of age,
if the information in the affidavit of registration is still current at
that time. If the information provided by the affiant in the affidavit
of registration is not current at the time that the registration would
otherwise become effective, for his or her registration to become
effective, the affiant shall provide the current information to the
proper county elections official as prescribed by this chapter.

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SEC. 3.  

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

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begin delete SEC. 4. end delete
begin insert SEC. 2. end insert   

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

2106.  

A program adopted by a county pursuant to Section 2103
or 2105, that is designed to encourage the registration of electors,
shall, with respect to a printed literature or media announcement
made in connection with these programs, contain this statement:
“A person entitled to register to vote must be 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 election. A person may preregister 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 begin delete 15 end delete begin insert 16 end insert years of
age.” A county elections official may continue to use existing
materials begin delete prior to end delete begin insert before end insert printing new or revised materials required
by any changes to this section.

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SEC. 5.  

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

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begin delete SEC. 6. end delete
begin insert SEC. 3. end insert   

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

2150.  

(a) The affidavit of registration shall show:

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

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

(3) The affiant’s place of residence, residence telephone number,
if furnished, and e-mail address, if furnished. begin delete No end delete begin insert A end insert person shall
begin insert not end insert be denied the right to register because of his or her failure to
furnish a telephone number or e-mail address, and shall be so
advised on the voter registration card.

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

(5) The affiant’s date of birth to establish that he or she will be
at least 18 years of age on or before the date of the next election.
In the case of an affidavit of registration submitted pursuant to
subdivision (d) of Section 2102, the affiant’s date of birth to
establish that he or she is at least begin delete 15 end delete begin insert 16 end insert years of age.

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

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

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

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

(8) The affiant’s political party preference.

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

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

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

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

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

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

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

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SEC. 7.  

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

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begin insert SEC. 4. end insert   

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begin insert Section 2155 of the end insert begin insert Elections Code end insert begin insert is amended to read: end insert

2155.  

begin insert (a) end insert begin insert   end insert begin insert (1) end insert begin insert   end insert Upon receipt of a properly executed affidavit of
registration or address correction notice or letter pursuant to Section
2119, Article 2 (commencing with Section 2220), or the National
Voter Registration Act of 1993 (42 U.S.C. Sec. 1973gg), the begin insert county
elections official shall send the voter a voter notification. end insert

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(2) For a properly executed affidavit of registration made
pursuant to subdivision (d) of Section 2102, as amended by the
act adding this paragraph, the county elections official shall send
the voter notification not more than 60 days prior to the effective
date of that affidavit of registration.

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begin insert (b) end insert begin insert   end insert begin insert The end insert county elections official shall send the begin delete voter a end delete voter
notification by nonforwardable, first-class mail, address correction
requested. The voter notification shall state the party preference
for which the voter has registered in the following format:

Party: (Name of political party)

The voter notification shall be substantially in the following
form:

VOTER NOTIFICATION

You are registered to vote. The party preference you chose, if
any, is on this card. This card is being sent as a notification of:

1. Your recently completed affidavit of registration.

OR,

2. A change to your registration because of an official notice
that you have moved. If your residence address has not changed
or if your move is temporary, please call or write to our office
immediately.

OR,

3. Your recent registration with a change in party preference.
If this change is not correct, please call or write to our office
immediately.

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OR,

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4. A change to your registration from pending to active, because
you will be 18 and eligible to vote.

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You may vote in any election held 15 or more days after the date
on this card.

Your name will appear on the index kept at the polls.

begin delete Please contact our office if end delete begin insert If end insert the information shown on the
reverse side of this card is incorrect begin insert , please complete a new
affidavit of registration at the online voter registration page of the
Internet Web site of the Secretary of State or contact our office end insert .

 

(Signature of Voter)

 

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begin insert SEC. 5. end insert   

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

2205.  

The local registrar of births and deaths shall notify the
county elections official not later than the 15th day of each month
of all deceased persons begin delete 15 end delete begin insert 16 end insert years of age and over, whose deaths
were registered with him or her or of whose deaths he or she was
notified by the State Registrar of Vital Statistics during the
preceding month. This notification shall include at least the name,
sex, age, birthplace, birth date, place of residence, and date and
place of death of each decedent.

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

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SEC. 9.  

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

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begin insert SEC. 6. end insert   

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