AB 31, as amended, Cristina Garcia. Members of the Legislature and Congress: domicilebegin insert: voting fraudend insert.
Existing law provides that a person’s residence for voting purposes means a person’s domicile, and that a person may only have one domicile. Existing law defines domicile to be the place in which a person’s habitation is fixed and where the person intends to remain or return to whenever absent. Existing law also provides that, for purposes of determining the domicile of a Member of the Legislature or a Representative in the Congress of the United States, it shall be conclusively presumed that the residence address indicated on that person’s currently filed affidavit of voter registration is that person’s domicile.
This bill would clarify that the conclusive presumptionbegin delete shall only applyend deletebegin insert
applies onlyend insert if the address indicated on that person’s currently filed affidavit of voter registration is a place in which the person’s habitation is fixed for some period of time.
Existing law permits a person who qualifies and is registered to vote to vote at any election held within the territory within which he or she resides and the election is held. Existing law makes it a crime for a person who is not entitled to vote at an election to fraudulently vote or fraudulently attempt to vote at that election.
end insertbegin insertThis bill would require the Attorney General to investigate and prosecute any violation of that penal provision relating to a fraudulent vote or fraudulent attempt to vote in a jurisdiction in which the person does not reside for voting purposes.
end insertVote: majority.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: no.
The people of the State of California do enact as follows:
Section 2026 of the Elections Code is amended
2to read:
The domicile of a Member of the Legislature or a
4Representative in the Congress of the United States shall be
5conclusively presumed to be at the residence address indicated on
6that person’s currently filed affidavit of voter registration. This
7conclusive presumptionbegin delete shall applyend deletebegin insert appliesend insert only if the address
8indicated on that person’s currently filed affidavit of voter
9registration is a place in which the person’s habitation is fixed for
10some period of time within the meaning of subdivision (c) of
11Section 349.
begin insertSection 18560 of the end insertbegin insertElections Codeend insertbegin insert is amended to
13read:end insert
begin insert(a)end insertbegin insert end insert Every person is guilty of a crime punishable by
15imprisonment pursuant to subdivision (h) of Section 1170 of the
16Penal Code for 16 months or two or three years, or in a county jail
17not exceeding one year, who:
18(a)
end delete
19begin insert(1)end insert Not being entitled to vote at an election, fraudulently
votes
20or fraudulently attempts to vote at that election.
21(b)
end delete
22begin insert(2)end insert Being entitled to vote at an election, votes more than once,
23attempts to vote more than once, or knowingly hands in two or
24more ballots folded together at that election.
25(c)
end delete
26begin insert(3)end insert Impersonates or attempts to impersonate a voter at an
27election.
28(b) The Attorney General shall investigate and prosecute a
29violation of paragraph (1) of subdivision (a) relating to a
P3 1fraudulent vote or fraudulent attempt to vote in a jurisdiction in
2which the person does not reside for voting purposes.
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