BILL NUMBER: SB 113 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 17, 2014
AMENDED IN SENATE JANUARY 6, 2014
INTRODUCED BY Senator Jackson
(Principal coauthor: Senator Calderon)
(Coauthors: Senators Leno and Padilla)
( Coauthor: Assembly Member
Alejo )
JANUARY 15, 2013
An act to amend Sections 2102, 2106, 2150, 2155, and 2205
2156, 2205, and 2220 of , and to add
Section 2155.3 to, 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 16 years
of age. The bill also would make conforming changes to existing law.
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.
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 a
pre-registration notice to that voter not more than 60
days prior to the effective date of that affidavit of registration
upon a determination that the affidavit of
registration is properly executed and that the person otherwise
satisfies all eligibility requirements to vote . The bill would
also make conforming changes to the voter notification
format prescribe the format of the voter
pre-registration notice and make conforming changes .
Existing law requires a county elections official to conduct a
preelection residency confirmation procedure by the 90th day
immediately prior to the primary election, and requires the official
to mail a nonforwardable postcard to each registered voter of the
county preceding the direct primary election. Existing law provides
that the official, at his or her discretion, is not required to mail
the residency confirmation postcard to any voter who has voted at an
election held within the last 6 months preceding the start of the
procedure.
This bill would provide that a county elections official is not
required to mail a residency confirmation postcard to any person
under 18 years of age who has submitted a properly executed affidavit
of registration and who will not be 18 years of age on or before the
primary election.
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.
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:
SECTION 1. 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 shall 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 paragraph (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 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 16 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.
SEC. 2. 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 16 years of age."
A county elections official may continue to use existing materials
before printing new or revised materials required by any changes to
this section.
SEC. 3. 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. A person shall not 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 16 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 shall 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.
SEC. 4. Section 2155 of the Elections Code is
amended to read:
2155. (a) (1) 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
county elections official shall send the voter a voter notification.
(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.
(b) The county elections official shall send the 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.
OR,
4. A change to your registration from pending to active, because
you will be 18 and eligible to vote.
_________________________________________________
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.
If the information shown on the reverse side of this card is
incorrect, 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.
_________________________________________________
(Signature of Voter)
SEC. 4. Section 2155.3 is added to the
Elections Code , to read:
2155.3. (a) In lieu of the voter notification required by Section
2155, a person under 18 years of age who submits an affidavit of
registration pursuant to Section 2101 or subdivision (d) of Section
2102, as amended by the act adding this section shall be sent a voter
pre-registration notice upon a determination that the affidavit of
registration is properly executed and that the person otherwise
satisfies all eligibility requirements to vote. The county elections
official shall send the voter pre-registration notice by
nonforwardable, first-class mail, address correction requested.
(b) The voter pre-registration notice required by subdivision (a)
shall be substantially in the following form:
VOTER PRE-REGISTRATION NOTICE
Thank you for registering to vote. You may vote in any election
held on or after your 18th birthday.
Your party preference is: (Name of political party)
Before any election in which you are eligible to vote, you will
receive a sample ballot and voter pamphlet by mail.
If the information on this card is incorrect, please contact our
office or update your registration at the Internet Web site of the
Secretary of State.
SEC. 5. Section 2156 of the Elections
Code is amended to read:
2156. The Secretary of State shall print, or cause to be printed,
the blank forms of the voter notification prescribed by Section 2155
and the voter pre-registration notice prescribed by Section
2155.3 . The Secretary of State shall supply the forms to the
county elections official in quantities and at times requested by the
county elections official. The Secretary of State may continue to
supply, and the county elections officials may continue to use,
existing voter notification forms prior to
printing new or revised forms as required by any changes to Section
2155 or 2155.3 .
SEC. 5. SEC. 6. 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 16 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.
SEC. 7. Section 2220 of the Elections
Code is amended to read:
2220. (a) The county elections official shall conduct a
preelection residency confirmation procedure as provided in this
article. This procedure shall be completed by the 90th day
immediately prior to the primary election. The procedure shall be
initiated by mailing a nonforwardable postcard to each registered
voter of the county preceding the direct primary election. Postcards
mailed pursuant to this article shall be sent "Address Correction
Requested, Return Postage Guaranteed," and shall be in substantially
the following form:
"We are requesting your assistance in correcting the addresses of
voters who have moved and have not reregistered.
"1. If you still live at the address noted on this postcard, your
voter registration will remain in effect and you may disregard this
notice.
"2. If the person named on this postcard is not at this address,
please return this postcard to your mail carrier."
(b) The county elections official, at his or her discretion, shall
not be required to mail a residency confirmation postcard pursuant
to subdivision (a) , to any voter who has voted at
an election held within the last six months preceding the start of
the confirmation procedure or to any person under 18 years of
age who has submitted a properly executed affidavit of registration
pursuant to subdivision (d) of Section 2102 and who will not be 18
years of age on or before the primary election .
SEC. 6. SEC. 8. 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.