Amended in Senate August 17, 2015

Amended in Senate July 1, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1020

Introduced by Assembly Member Ridley-Thomas

February 26, 2015

An act to amend Sections 2000, 2101, 2103, 2106, 2114, 2115, 2119, 2120, 2139, 2140, 2150, 2155.3, 2157, 2158, 2163, 2165, 2166, 2166.5, 2166.7, 2168, 2183, 2184, 2185, 2187, 2188, 2188.1, 2188.5, 2191, 2193, 2194, 2196, 2200, 2201, 2202, 2206, 2208, 2209, 2210, 2211, 2212, 2221, 2224, 2225, 2226, 2227, begin insert 3009, end insert 3010, 3011, begin insert 3019, 8401, end insert 9030, 9031, 9114, 9115, 9308, 9309, begin insert 11224, 11225, end insert 14202, 18104, and 18109 of, and to repeal Sections 2104, 2107, 2108, 2109, 2110, 2113, 2117, 2118, 2118.5, 2135, 2136, 2137, 2141, 2160, 2180, 2181, 2182, 2190, 2192, 2203, and 2204 of the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 1020, as amended, Ridley-Thomas. Elections: voter registration.

Existing law provides that 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 registration.

This bill would provide that a person is entitled to preregister to vote in an election if, among other things, that person is at least 16 years of age.

Existing law authorizes county elections officials, under specified circumstances and in order to promote and encourage voter registrations, to deputize as registrars qualified citizens to register voters anywhere within the county.

The bill would delete this authorization and make conforming changes to related provisions of law.

Existing law requires the county elections official to accept affidavits of registration at all times except during the 14 days immediately preceding an election and requires the county elections official to accept an affidavit of registration executed as part of a voter registration card in the forthcoming election if the affidavit is executed on or before the 15th day prior to the election and if a specified circumstance applies.

The bill would delete these provisions of law.

Existing law authorizes the county elections official of any county to receive the affidavit of registration of any elector who resides or claims residence in another county in this state and provides that this method of registration is effective for all elections occurring 29 or more days after receipt of the affidavit of registration. Existing law also sets forth the acceptance procedure for the county elections official in the event a voter provides notification of a change of address.

The bill would instead specify that registration by the above-described method would be effective for an election occurring 15 or more days after receipt of the affidavit of registration by the county elections official. The bill would also modify the procedure for the acceptance of affidavits of voter registration, reregistration, or notification of a transfer of registration for an election.

Existing law authorizes any person filing with the county elections official a new affidavit of registration or reregistration to have the information relating to his or her residence address, telephone number, and begin delete e-mail end delete begin insert email end insert address appearing on the affidavit, or any list, roster, or index prepared therefrom, declared confidential upon a superior court order, as specified.

The bill would impose new requirements on county elections officials relating to voters moving into a new county who wish to apply for confidential voter status. By imposing new requirements on local officials, the bill would impose a state-mandated local program.

Existing law requires the county elections officer to print a complete index and authorizes the officer to print a continuing index, by precinct, to the affidavits of registration current at the date of printing. Each county elections official is also required to send to the Secretary of State a summary statement of the number of voters in the county.

The bill would modify these provisions of law and require that the county elections officer provide an electronic copy of the index and of supplements to the index. The bill would also require a county elections official to provide detailed notice to the Secretary of State that specified voter information is available.

The bill would correct incorrect cross-references and delete obsolete provisions of law.

Existing law requires the county elections official to cancel voter registration at the signed, written request of the person registered, when the mental incompetency of the person registered is legally established, upon proof that the person is presently imprisoned or on parole for the conviction of a felony, upon the production of a certified copy of a judgment directing that the cancellation be made, or upon the death of the person registered.

The bill would authorize the Secretary of State to cancel a person’s registration when the mental incompetency of the person registered is legally established, upon proof that the person is presently imprisoned or on parole for the conviction of a felony, and upon the death of the person registered.

In specified circumstances, existing law requires a court to determine whether a person is capable of completing an affidavit of registration or otherwise qualified to vote. If the court determines that the person is not capable of completing the affidavit or is not qualified to vote, the court is required to order the person to be disqualified from voting and to notify the county elections official. In the event a person’s right to register to vote is restored, the court is required to notify the county elections official.

The bill would instead require the court to notify the Secretary of State in the event a person is disqualified from voting or his or her right to register to vote is restored.

Existing law authorizes a county elections official to send an alternate residency confirmation postcard to a voter if the voter has not voted in an election within the preceding 4 years and his or her residence address, name, or party affiliation has not been updated during that time. A county elections official is required to send a forwardable notice to a voter to enable the voter to verify or correct residency information based on change-of-address data.

The bill would modify the form and content of the alternate residency confirmation postcard and forwardable notice.

Under existing law, any deputy registrar of voters having charge of affidavits of registration is guilty of a misdemeanor who knowingly neglects or refuses to return affidavits of registration.

The bill would instead specify that any individual or organization having charge of affidavits of registration who knowingly neglects or refuses to return affidavits of registration is guilty of a misdemeanor. By creating a new crime, 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

This bill would become operative only if the Secretary of State certifies that the state has a statewide voter registration database that complies with the federal Help America Vote Act of 2002.

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 2000 of the Elections Code is amended
to read:

2000.  

(a) Every person who qualifies under Section 2 of Article
II of the California Constitution and who complies with this code
governing the registration of electors may vote at any election held
within the territory within which he or she resides and the election
is held.

(b) Any person who will be at least 18 years of age at the time
of the next election is eligible to register and vote at that election.

(c) Pursuant to Section 2102, any person who is at least 16 years
of age and otherwise meets all eligibility requirements to vote is
eligible to preregister to vote, but is not eligible to vote until he or
she is 18 years of age.

SEC. 2.  

Section 2101 of the Elections Code is amended to read:

2101.  

(a) A person entitled to register to vote shall be a United
States citizen, a resident of California, not imprisoned or on parole
for the conviction of a felony, and at least 18 years of age at the
time of the next election.

(b) A person entitled to preregister to vote in an election shall
be a United States citizen, a resident of California, not imprisoned
or on parole for the conviction of a felony, and at least 16 years
of age.

SEC. 3.  

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 in such a way as to reach most effectively every
resident of 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) 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
(52 U.S.C. Sec. 10503) or Section 4(f)(4) (52 U.S.C. Sec.
10303(f)(4)) of the federal Voting Rights Act of 1965, by using
the county’s Internet Web site.

SEC. 4.  

Section 2104 of the Elections Code is repealed.

SEC. 5.  

Section 2106 of the Elections Code, as amended by
Section 2 of Chapter 619 of the Statutes of 2014, 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 imprisoned 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 imprisoned 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. 6.  

Section 2106 of the Elections Code, as enacted by
Section 2 of Chapter 920 of the Statutes of 1994, is amended to
read:

2106.  

Any program adopted by a county pursuant to Section
2103 or 2105, that is designed to encourage the registration of
electors, shall, with respect to any printed literature or media
announcements 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 imprisoned or
on parole for the conviction of a felony, and at least 18 years of
age at the time of the election.”

SEC. 7.  

Section 2107 of the Elections Code, as amended by
Section 7 of Chapter 909 of the Statutes of 2014, is repealed.

SEC. 8.  

Section 2107 of the Elections Code, as amended by
Section 8 of Chapter 909 of the Statutes of 2014, is repealed.

SEC. 9.  

Section 2108 of the Elections Code is repealed.

SEC. 10.  

Section 2109 of the Elections Code is repealed.

SEC. 11.  

Section 2110 of the Elections Code is repealed.

SEC. 12.  

Section 2113 of the Elections Code is repealed.

SEC. 13.  

Section 2114 of the Elections Code is amended to
read:

2114.  

The county elections official of any county in this state
may receive the affidavit of registration of any elector who resides
or claims residence in another county in this state. The affidavit
shall be forwarded to the county elections official of the county
in which the elector resides. The county elections official of the
county in which the elector resides shall use the affidavit of
registration received from the other county as his or her permanent
record of registration.

Registration by this method shall be effective for all elections
occurring 15 or more days after receipt of the affidavit of
registration by the county elections official to which the affidavit
is mailed or delivered by the elector.

SEC. 14.  

Section 2115 of the Elections Code is amended to
read:

2115.  

Whenever a voter, between the time of that person’s last
registration and the time for the closing of registration for any
given election, has lawfully changed his or her surname, the voter
shall reregister under the new or changed name. The voter shall
make an additional statement at the time of reregistration, giving
the name under which he or she was last registered.

This additional statement shall be given in the prior registration
portion of the affidavit of registration before the affidavit is signed,
and shall be deemed a part of the affidavit. Upon reregistration,
the begin delete last previous end delete registration of the voter shall be immediately
updated.

SEC. 15.  

Section 2117 of the Elections Code is repealed.

SEC. 16.  

Section 2118 of the Elections Code is repealed.

SEC. 17.  

Section 2118.5 of the Elections Code is repealed.

SEC. 18.  

Section 2119 of the Elections Code is amended to
read:

2119.  

(a) Except as provided in subdivision (d) and Chapter
5 (commencing with Section 3400) and Chapter 6 (commencing
with Section 3500) of Division 3, the county elections official shall
accept affidavits of registration at all times except during the 14
days immediately preceding an election, when registration shall
cease for that election as to electors residing in the territory within
which the election is held.

(b) Transfers of registration for an election may be made from
one precinct to another precinct in the same county, from one
county to another county, or for a residence address change within
the same precinct at any time registration is in progress in the
precinct or county to which the elector seeks to transfer. In lieu of
executing a new affidavit of registration for a change of address,
the county elections official shall accept a notice, a letter of the
change of address signed by a voter as he or she is registered, or
a written notice. The former address shall be maintained with the
voter record and the registration of the voter shall be immediately
updated.

(c) If the reregistration or transfer is from one county to another
county, the county elections official of the county in which the
voter was formerly registered shall be notified and the registration
of the voter shall be immediately updated.

(d) The county elections official shall accept an affidavit of
registration or a notification for the forthcoming election and shall
immediately update the address on the voter’s affidavit of
registration accordingly if the affidavit of registration or
notification is executed on or before the 15th day prior to the
election and if any of the following apply:

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

(2) The affidavit of registration or notification 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 (52 U.S.C. Sec.
20501 et seq.) on or before the 15th day prior to the election.

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

(4) The affidavit is submitted electronically on the Internet Web
site of the Secretary of State pursuant to Section 2196 on or before
the 15th day prior to the election.

(e) If the registration, reregistration, or notification is executed
during the 14 days before an election or is executed on or before
the 15th day prior to the election, but does not meet any of the
conditions set forth in subdivision (d), the registration of the voter
or the update to the registration of the voter shall be immediately
processed, but the voter will not be eligible to vote in that election.

(f) This section shall become inoperative on January 1, 2017.

SEC. 19.  

Section 2119 of the Elections Code is amended to
read:

2119.  

(a) Except as provided in subdivision (d), Article 4.5
(commencing with Section 2170), and Chapter 5 (commencing
with Section 3400) and Chapter 6 (commencing with Section 3500)
of Division 3, the county elections official shall accept affidavits
of registration at all times except during the 14 days immediately
preceding an election, when registration shall cease for that election
as to electors residing in the territory within which the election is
held.

(b) Transfers of registration for an election may be made from
one precinct to another precinct in the same begin delete county or end delete begin insert county, end insert from
one county to another begin delete county end delete begin insert county, or for a residence address
change within the same precinct end insert at any time registration is in
progress in the precinct or county to which the elector seeks to
transfer. In lieu of executing a new affidavit of registration for a
change of address, the county elections official shall accept a
notice, a letter of the change of address signed by a voter as he or
she is registered, or written notice.

The former address shall be maintained with the voter record
and the registration of the voter shall be immediately updated.

(c) If the reregistration or transfer is from one county to another
county, the county elections official of the county in which the
voter was begin delete former end delete begin insert formerly end insert registered shall be notified and the
registration of the voter shall be immediately updated.

(d) The county elections official shall accept an affidavit of
registration or a notification for the forthcoming election and shall
immediately update the address on the voter’s affidavit of
registration accordingly if the affidavit of registration or
notification is executed on or before the 15th day prior to the
election and if any of the following apply:

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

(2) The affidavit of registration or notification 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 (52 U.S.C. Sec.
20501 et seq.) on or before the 15th day prior to the election.

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

(4) The affidavit is submitted electronically on the Internet Web
site of the Secretary of State pursuant to Section 2196 on or before
the 15th day prior to the election.

(e) If the registration, reregistration, or notification is executed
during the 14 days before an election or is executed on or before
the 15th day prior to the election, but does not meet any of the
conditions set forth in subdivision (d), the registration of the voter
or the update to the registration of the voter shall be immediately
processed, but the voter will not be eligible to vote in that election.

(f) This section shall become operative on January 1, 2017.

SEC. 20.  

Section 2120 of the Elections Code is amended to
read:

2120.  

(a) If the county elections official receives a letter from
a voter stating that the voter has moved to a new address in another
county in the state and the voter provides the new address, the
elections official shall immediately update the voter’s registration
and the former address shall be maintained with the voter record.

(b) If the county elections official receives a letter from a voter
stating that the voter has moved to a new address in another county
in the state and the voter does not provide the new address, the
elections official shall cancel the old registration for any election
occurring at least 15 days after the receipt of the letter.

SEC. 21.  

Section 2135 of the Elections Code is repealed.

SEC. 22.  

Section 2136 of the Elections Code is repealed.

SEC. 23.  

Section 2137 of the Elections Code is repealed.

SEC. 24.  

Section 2139 of the Elections Code is amended to
read:

2139.  

On the day of the close of registration for any election
all individuals and organizations that have submitted plans for
distribution shall immediately return all completed affidavits of
registration in their possession to the county elections official.
Unused affidavits shall be returned upon completion of the
distribution plan.

SEC. 25.  

Section 2140 of the Elections Code is amended to
read:

2140.  

The county elections official shall report to the district
attorney of the county, under oath, the name of any individuals or
organizations that have submitted plans for distribution who have
not complied with this article.

SEC. 26.  

Section 2141 of the Elections Code is repealed.

SEC. 27.  

Section 2150 of the Elections Code, as amended by
Section 8 of Chapter 1 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 begin delete Miss, Ms., Mrs., or Mr. end delete begin insert “Miss,” “Ms.,” “Mrs.,”
or “Mr.” end insert 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 begin delete e-mail end delete begin insert email end insert address, if furnished. No person
shall be denied the right to register because of his or her failure to
furnish a telephone number or begin delete e-mail end delete begin insert email end insert 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.

(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 begin insert four end insert 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 begin insert , end insert 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 may not be denied the ability to register because
he or she declines to state his or her ethnicity or race.

(d) If any person 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. 28.  

Section 2150 of the Elections Code, as amended by
Section 3 of Chapter 619 of the Statutes of 2014, 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 begin delete Miss, Ms., Mrs., or Mr. end delete begin insert “Miss,” “Ms.,” “Mrs.,”
or “Mr.” end insert 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 begin delete e-mail end delete begin insert email end insert 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 begin delete e-mail end delete begin insert email end insert 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 begin insert , end insert 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 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. 29.  

Section 2155.3 of the Elections Code is amended 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 preregistration notice upon a determination that the affidavit
of registration is properly executed and that the person otherwise
satisfies all eligibility requirements to vote, except that he or she
is under 18 years of age. The county elections official shall send
the voter preregistration notice by nonforwardable, first-class mail,
address correction requested.

(b) The voter preregistration notice required by subdivision (a)
shall be substantially in the following form:

VOTER PREREGISTRATION NOTICE

Thank you for preregistering 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 preregistration at the Internet Web site of
the Secretary of State.

SEC. 30.  

Section 2157 of the Elections Code is amended to
read:

2157.  

(a) Subject to this chapter, the paper affidavit of
registration shall be in a form prescribed by regulations adopted
by the Secretary of State. The affidavit shall comply with all of
the following:

(1) Contain the information prescribed in Section 2150.

(2) Allow for the inclusion of informational language to meet
the specific needs of that county, including, but not limited to, the
return address of the elections official in that county, and a
telephone number at which a voter can obtain elections information
in that county.

(3) Be included on one portion of a multipart card, to be known
as a voter registration card, the other portions of which shall include
information sufficient to facilitate completion and mailing of the
affidavit. The affidavit portion of the multipart card shall be
numbered according to regulations adopted by the Secretary of
State. For purposes of facilitating the distribution of voter
registration cards as provided in Section 2158, there shall be
attached to the affidavit portion a receipt. The receipt shall be
separated from the body of the affidavit by a perforated line.

(4) Contain, in a type size and color of ink that is clearly
distinguishable from surrounding text, a statement identical or
substantially similar to the following:

“Certain voters facing life-threatening situations may qualify
for confidential voter status. For more information, please contact
the Secretary of State’s Safe At Home program or visit the
Secretary of State’s Web site.”

(5) Contain, in a type size and color of ink that is clearly
distinguishable from surrounding text, a statement that the use of
voter registration information for commercial purposes is a
misdemeanor pursuant to subdivision (a) of Section 2194 and
Section 18109, and any suspected misuse shall be reported to the
Secretary of State.

(6) Contain a toll-free fraud hotline telephone number
maintained by the Secretary of State that the public may use to
report suspected fraudulent activity concerning misuse of voter
registration information.

(7) Be returnable to the county elections official as a
self-enclosed mailer with postage prepaid by the Secretary of State.

(b) Nothing contained in this division shall prevent the use of
voter registration cards and affidavits of registration in existence
on the effective date of this section and produced pursuant to
regulations of the Secretary of State, and all references to voter
registration cards and affidavits in this division shall be applied to
the existing voter registration cards and affidavits of registration.

(c) The Secretary of State may continue to supply existing
affidavits of registration prior to printing new or revised forms
that reflect the changes required pursuant to this section or Section
2150.

(d)  An affidavit of registration shall not be submitted
electronically on a county’s Internet Web site. However, a county
may provide a hyperlink on the county’s Internet Web site to the
Secretary of State’s electronic voter registration system.

SEC. 31.  

Section 2158 of the Elections Code is amended to
read:

2158.  

County elections officials shall do all of the following:

(a) Provide voter registration cards designed pursuant to
subdivision (a) of Section 2157 for the registration of voters at his
or her office and in a sufficient number of locations throughout
the county for the convenience of persons desiring to register, to
the end that registration may be maintained at a high level. The
cards shall be available in all languages required by Section 203
(52 U.S.C. Sec. 10503) or Section 4(f)(4) (52 U.S.C. Sec.
10303(f)(4)) of the federal Voting Rights Act of 1965.

(b) Provide voter registration cards designed pursuant to
subdivision (a) of Section 2157 in sufficient quantities to any
individuals or organizations that wish to distribute the cards other
than to persons who have been convicted of violating this section
within the last five years. Individuals and organizations shall be
permitted to distribute voter registration cards anywhere within
the county.

(1) An individual or organization that distributes voter
registration cards designed pursuant to subdivision (a) of Section
2157 shall obtain the voter registration cards from the county
elections official or the Secretary of State. The individual or
organization shall comply with all applicable regulations
established by the Secretary of State when distributing the cards.

(2) If, after completing his or her voter registration card, an
elector entrusts it to another person, the latter shall sign and date
the attached, numbered receipt indicating his or her address and
telephone number, if any, and give the receipt to the elector. Failure
to comply with this paragraph shall not cause the invalidation of
the registration of a voter.

(3) An individual or organization that distributes voter
registration cards designed pursuant to subdivision (a) of Section
2157 shall give a voter registration card to any elector requesting
it, provided that the individual or organization has a sufficient
number of cards.

(4) If distribution of voter registration cards pursuant to this
subdivision is undertaken by mailing cards to persons who have
not requested the cards, the person mailing the cards shall enclose
a cover letter or other notice with each card instructing the
recipients to disregard the cards if they are currently registered
voters.

(c) Mail a voter registration card immediately to a person who
wishes to register to vote and requests a voter registration card.

SEC. 32.  

Section 2160 of the Elections Code is repealed.

SEC. 33.  

Section 2163 of the Elections Code is amended to
read:

2163.  

The Secretary of State shall prepare an appropriate voter
registration logo that may be displayed by offices, stores, and other
establishments indicating the availability of voter registration for
the public. The Secretary of State, upon request, shall provide these
logos free of charge to any interested person or organization.

SEC. 34.  

Section 2165 of the Elections Code is amended to
read:

2165.  

Affidavits of registration shall be processed immediately.

SEC. 35.  

Section 2166 of the Elections Code is amended to
read:

2166.  

(a) Any person filing with the county elections official
a new affidavit of registration or reregistration may have the
information relating to his or her residence address, telephone
number, and begin delete e-mail end delete begin insert email end insert address appearing on the affidavit, or
any list or roster or index prepared therefrom, declared confidential
upon order of a superior court issued upon a showing of good cause
that a life-threatening circumstance exists to the voter or a member
of the voter’s household, and naming the county elections official
as a party.

(b) Any person granted confidential voter status under
subdivision (a) shall:

(1) Provide a valid mailing address and be considered a vote by
mail voter for all subsequent elections or until the county elections
official is notified otherwise by the court or in writing by the voter.
A voter requesting termination of vote by mail status thereby
consents to placement of his or her residence address, telephone
number, and begin delete e-mail end delete begin insert email end insert address in the roster of voters.

(2) The elections official, in producing any list, roster, or index
shall exclude voters with a confidential voter status.

(3) Within 60 days of moving to a new county, obtain an order
from the superior court of the new county pursuant to subdivision
(a). The elections official of the new county, upon notice of the
confidential voter moving into the county, shall do all of the
following:

(A) Contact the confidential voter and provide information
regarding the application for confidential voter status in the new
county.

(B) Honor the confidential voter status from the former county
for 60 days from the date of notice.

(C) Pursuant to paragraph (2) of subdivision (b), exclude the
confidential voter in any list, roster, or index during the 60-day
period.

(D) Remove the confidential voter status if the new voter has
not provided a court order to the new county during the 60-day
period.

(c) No action in negligence may be maintained against any
government entity or officer or employee thereof as a result of the
disclosure of the information which is the subject of this section
unless by a showing of gross negligence or willfulness.

SEC. 36.  

Section 2166.5 of the Elections Code is amended to
read:

2166.5.  

(a) Any person filing with the county elections official
a new affidavit of registration or reregistration may have the
information relating to his or her residence address, telephone
number, and begin delete e-mail end delete begin insert email end insert address appearing on the affidavit, or
any list or roster or index prepared therefrom, declared confidential
upon presentation of certification that the person is a participant
in the Address Confidentiality for Victims of Domestic Violence,
Sexual Assault, and Stalking program pursuant to Chapter 3.1
(commencing with Section 6205) of Division 7 of Title 1 of the
Government Code or a participant in the Address Confidentiality
for Reproductive Health Care Service Providers, Employees,
Volunteers, and Patients program pursuant to Chapter 3.2
(commencing with Section 6215) of that division.

(b) Any person granted confidential voter status under
subdivision (a) shall:

(1) Provide a valid mailing address and be considered a vote by
mail voter for all subsequent elections and all subsequent
reregistrations inside or outside the county until the county
elections official is notified otherwise by the Secretary of State or
in writing by the voter. A voter requesting termination of vote by
mail status thereby consents to placement of his or her residence
address, telephone number, and begin delete e-mail end delete begin insert email end insert address in the roster
of voters.

(2) The elections official, in producing any list, roster, or index
shall exclude voters with a confidential voter status.

(c) No action in negligence may be maintained against any
government entity or officer or employee thereof as a result of the
disclosure of the information that is the subject of this section
unless by a showing of gross negligence or willfulness.

(d) Subdivisions (a) and (b) shall not apply to any person granted
confidentiality upon receipt by the county elections official of a
written notice by the address confidentiality program manager of
the withdrawal, invalidation, expiration, or termination of the
program participant’s certification.

SEC. 37.  

Section 2166.7 of the Elections Code is amended to
read:

2166.7.  

(a) If authorized by his or her county board of
supervisors, a county elections official shall, upon application of
a public safety officer, make confidential that officer’s residence
address, telephone number, and begin delete e-mail end delete begin insert email end insert address appearing
on the affidavit of registration, in accordance with the terms and
conditions of this section.

(b) The application by the public safety officer shall contain a
statement, signed under penalty of perjury, that the person is a
public safety officer as defined in subdivision (f) and that a
life-threatening circumstance exists to the officer or a member of
the officer’s family. The application shall be a public record.

(c) The confidentiality granted pursuant to subdivision (a) shall
terminate no more than two years after commencement, as
determined by the county elections official. The officer may submit
a new application for confidentiality pursuant to subdivision (a),
and the new request may be granted for an additional period of
not more than two years.

(d) Any person granted confidential voter status under
subdivision (a) shall:

(1) Provide a valid mailing address and be considered a vote by
mail voter for all subsequent elections or until the county elections
official is notified otherwise by the Secretary of State or in writing
by the voter. A voter requesting termination of vote by mail status
thereby consents to placement of his or her residence address,
telephone number, and begin delete e-mail end delete begin insert email end insert address in the roster of voters.

(2) The elections official, in producing any list, roster, or index,
shall exclude voters with a confidential voter status.

(3) Within 60 days of moving to a new county, if available in
the new county, apply for confidential voter status pursuant to
subdivision (a). The elections official of the new county, upon
notice of the confidential voter moving into the county, shall do
all of the following:

(A) Contact the confidential voter and provide information
regarding the application for confidential voter status in the new
county.

(B) Honor the confidential voter status from the former county
for 60-days from the date of notice.

(C) Pursuant to paragraph (2) of subdivision (b), exclude the
confidential voter in any list, roster, or index during the 60-day
period.

(D) Remove the confidential voter status if the new voter has
not begin delete provided a court order to end delete begin insert obtained or cannot obtain confidential
voter status pursuant to this section in end insert the new county during the
60-day period.

(e) No action in negligence may be maintained against any
government entity or officer or employee thereof as a result of the
disclosure of the information that is the subject of this section
unless by a showing of gross negligence or willfulness.

(f) “A public safety officer” has the same meaning as defined
in subdivision (a), (d), (e), (f), or (j) of Section 6254.24 of the
Government Code.

SEC. 38.  

Section 2168 of the Elections Code is amended to
read:

2168.  

The Secretary of State shall establish and maintain a
statewide system to facilitate the reporting of election results and
voter and candidate information, and to otherwise administer and
enhance election administration.

SEC. 39.  

Section 2180 of the Elections Code is repealed.

SEC. 40.  

Section 2181 of the Elections Code is repealed.

SEC. 41.  

Section 2182 of the Elections Code is repealed.

SEC. 42.  

Section 2183 of the Elections Code is amended to
read:

2183.  

(a) The elections official shall supply an electronic copy,
or paper copy upon request, of the index and of supplements to
the index, necessary to bring it up to date, for all elections to be
held within the county. The county elections official shall also
supply copies of the index and supplements as may be requested
by the elections official of a city, school district or other body. The
name of each voter whose affidavit of registration has been
canceled shall be begin delete shall be end delete removed from the index and supplement.
The county elections official may charge an amount sufficient to
reimburse the county for the expense incurred in preparing and
furnishing the indexes of registrations and supplements.

(b) (1) The index shall contain the name, address, residence
telephone number if furnished, and political begin insert party end insert preference of
each voter, and also a ruled space to the left of each name, within
which to write, in figures, the line number designating the position
of the name of the voter on the roster of voters.

(2) The name shall include the given name and the middle name
or initials, if any. At the affiant’s option, the given name may be
preceded by the designation “Miss,” “Ms.,” “Mrs.,” or “Mr.”

SEC. 43.  

Section 2184 of the Elections Code is amended to
read:

2184.  

Upon request of any Member of the Legislature, of
Congress, or any candidate who is to be voted for in the county,
in a city therein, or in a political subdivision of either, or upon
written demand of his or her campaign committee, of any
committee for or against any proposed ballot measure, or of any
committee for or against any referendum or initiative measure for
which legal publication has been made, the county elections official
shall furnish to the Member of the Legislature, of Congress, or to
either the candidate or his or her campaign committee or to the
ballot measure committee the index of the registration for the
primary and general elections in which the Member of the
Legislature or Congress may participate as a candidate, or for the
election in which the candidate will participate, or the ballot
measure will be voted upon, at a charge of fifty cents ($0.50) per
thousand names. All moneys collected shall be deposited in the
county treasury to the credit of the general fund.

SEC. 44.  

Section 2185 of the Elections Code is amended to
read:

2185.  

Upon written request of the chair or vice chair of a party
state central committee or of the chair of a party county central
committee, the county elections official shall furnish to each
committee, without charge therefor, the index of registration for
the primary and general elections, for any special election at which
a partisan office is to be filled, or for any statewide special election.
The county elections official shall furnish one copy per election
in an electronic form, or in paper form upon request, of the indexes
specified in this section.

SEC. 45.  

Section 2187 of the Elections Code is amended to
read:

2187.  

(a) Each county elections official shall provide notice
to the Secretary of State that the following information is available:

(1) The total number of voters in the county.

(2) The number registered as preferring each qualified political
party.

(3) The number registered as preferring nonqualified parties.

(4) The number registered without choosing a political party
preference.

(5) The number of voters by political begin insert party end insert preferences in each
of the following political subdivisions, located in whole or in part
within the county:

(A) A supervisorial district.

(B) Congressional district.

(C) Senate district.

(D) Assembly district.

(E) Board of Equalization district.

(F) Cities and unincorporated areas.

(b) The Secretary of State, within 30 days after receiving the
information specified in subdivision (a), shall compile a statewide
list showing the number of voters, by party preferences, in the state
and in each county, city, supervisorial district, Assembly district,
Senate district, and congressional district in the state. A copy of
this list shall be made available, upon request, to any elector in
this state.

(c) The county elections officials shall prepare the information
referenced in subdivision (a) and provide notice to the Secretary
of State at the following times:

(1) On the 135th day before each presidential primary and before
each direct primary, with respect to voters registered on the 154th
day before the primary election.

(2) Not less than 50 days prior to the primary election, with
respect to voters registered on the 60th day before the primary
election.

(3) Not less than seven days prior to the primary election, with
respect to voters registered before the 14th day prior to the primary
election.

(4) Not less than 102 days prior to each presidential general
election, with respect to voters registered before the 123rd day
before the presidential general election.

(5) Not less than 50 days prior to the general election, with
respect to voters registered on the 60th day before the general
election.

(6) Not less than seven days prior to the general election, with
respect to voters registered before the 14th day prior to the general
election.

(7) On or before March 1 of each odd-numbered year, with
respect to voters registered as of February 10.

(d) The Secretary of State may adopt regulations prescribing
additional regular reporting times, except that the total number of
reporting times in any one calendar year shall not exceed 12.

SEC. 46.  

Section 2188 of the Elections Code is amended to
read:

2188.  

(a) Any application for voter registration information
available pursuant to law and maintained by the Secretary of State
or by the elections official of any county shall be made pursuant
to this section.

(b) The application shall set forth all of the following:

(1) The printed or typed name of the applicant in full.

(2) The complete residence address and complete business
address of the applicant, giving street and number. If no street or
number exists, a postal mailing address as well as an adequate
designation sufficient to readily ascertain the location.

(3) The telephone number of the applicant, if one exists.

(4) The number of the applicant’s driver’s license, state
identification card, or other identification approved by the Secretary
of State if the applicant does not have a driver’s license or state
identification card.

(5) The specific information requested.

(6) A statement of the intended use of the information requested.

(c) If the application is on behalf of a person other than the
applicant, the applicant shall, in addition to the information
required by subdivision (b), set forth all of the following:

(1) The name of the person, organization, company, committee,
association, or group requesting the voter registration information,
including their complete mailing address and telephone number.

(2) The name of the person authorizing or requesting the
applicant to obtain the voter registration information.

(d) The elections official shall request the applicant to display
his or her identification for purposes of verifying that identifying
numbers of the identification document match those written by
the applicant on the application form.

(e) The applicant shall certify to the truth and correctness of the
content of the application, under penalty of perjury, with the
signature of his or her name at length, including given name,
middle name or initial, or initial and middle name. The applicant
shall state the date and place of execution of the declaration.

(f) Completed applications for voter registration information
shall be retained by the elections official for five years from the
date of application.

(g) This section shall not apply to requests for information by
elections officials for election purposes or by other public agencies
for governmental purposes.

(h) The Secretary of State may prescribe additional information
to be included in the application for voter registration information.

(i) A county may not provide information for any political
subdivision that is not wholly or partially contained within that
county.

SEC. 47.  

Section 2188.1 of the Elections Code is amended to
read:

2188.1.  

The Secretary of State begin delete shall end delete may insert fictitious names
of voters into the voter registration information database as an
investigative and enforcement tool for determining inappropriate
or unauthorized uses of voter registration information.

SEC. 48.  

Section 2188.5 of the Elections Code is amended to
read:

2188.5.  

(a) A person who requests voter information pursuant
to Section 2188 or who obtains signatures or other information
collected for an initiative, referendum, political party qualification,
or recall petition shall not send that information outside of the
United States or make it available in any way electronically to
persons outside the United States, including, but not limited to,
access over the Internet.

(b) For purposes of this section, “United States” includes each
of the several states of the United States, the District of Columbia,
and the territories and possessions of the United States.

SEC. 49.  

Section 2190 of the Elections Code is repealed.

SEC. 50.  

Section 2191 of the Elections Code is amended to
read:

2191.  

Upon request, the elections official shall compile an
index, list, or file, by precinct, of all persons who voted in previous
elections. This information shall be compiled in conjunction with
the purge of voter registration files conducted pursuant to Article
2 (commencing with Section 2220) of Chapter 3.

Information compiled pursuant to this section shall include that
information which is required to appear in the index as set forth
in Section 2183.

Any person, candidate, or committee who is entitled to obtain a
copy of any information contained in this article shall, upon written
request to the elections official, be entitled to obtain the index, list,
or file compiled pursuant to this section. The elections official
shall inform any recipient of this information as to whether the
index, list, or file includes a voting history of vote by mail voters.
The elections official may require the payment of a fee not to
exceed the cost of duplicating the information as a condition to
furnishing the information contained in this section.

SEC. 51.  

Section 2192 of the Elections Code is repealed.

SEC. 52.  

Section 2193 of the Elections Code is amended to
read:

2193.  

The Secretary of State shall, from the information
furnished by the county elections officials pursuant to Section
2187, identify possible duplicate voter registrations. Those voter
registrations determined to be duplicates begin delete may end delete begin insert shall end insert be merged and
the voter registration bearing the most recent date shall be the
active record for that voter.

SEC. 53.  

Section 2194 of the Elections Code is amended to
read:

2194.  

(a) Except as provided in Section 2194.1, the affidavit
of voter registration information identified in Section 6254.4 of
the Government Code:

(1) Shall be confidential and shall not appear on any computer
terminal, list, affidavit, duplicate affidavit, or other medium
routinely available to the public at the county elections official’s
office.

(2) Shall not be used for any personal, private, or commercial
purpose, including, but not limited to:

(A) The harassment of any voter or voter’s household.

(B) The advertising, solicitation, sale, or marketing of products
or services to any voter or voter’s household.

(C) Reproduction in print, broadcast visual or audio, or display
on the Internet or any computer terminal unless pursuant to
paragraph (3).

(3) Shall be provided with respect to any voter, subject to the
provisions of Sections 2166, 2166.5, 2166.7, and 2188, to any
candidate for federal, state, or local office, to any committee for
or against any initiative or referendum measure for which legal
publication is made, and to any person for election, scholarly,
journalistic, or political purposes, or for governmental purposes,
as determined by the Secretary of State.

(b) (1) Notwithstanding any other law, the California driver’s
license number, the California identification card number, the
social security number, and any other unique identifier used by
the State of California for purposes of voter identification shown
on the affidavit of voter registration of a registered voter, or added
to voter registration records to comply with the requirements of
the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901
et seq.), are confidential and shall not be disclosed to any person.

(2) Notwithstanding any other law, the signature of the voter
shown on the affidavit of voter registration or an image thereof is
confidential and shall not be disclosed to any person, except as
provided in subdivision (c).

(c) (1) The home address or signature of any voter shall be
released whenever the person’s vote is challenged pursuant to
Sections 15105 to 15108, inclusive, or Article 3 (commencing
with Section 14240) of Chapter 3 of Division 14. The address or
signature shall be released only to the challenger, to elections
officials, and to other persons as necessary to make, defend against,
or adjudicate the challenge.

(2) An elections official shall permit a person to view the
signature of a voter for the purpose of determining whether the
signature matches a signature on an affidavit of registration or an
image thereof or a petition, but shall not permit a signature to be
copied.

(d) A governmental entity, or officer or employee thereof, shall
not be held civilly liable as a result of disclosure of the information
referred to in this section, unless by a showing of gross negligence
or willfulness.

(e) For the purposes of this section, “voter’s household” is
defined as the voter’s place of residence or mailing address or any
persons who reside at the place of residence or use the mailing
address as supplied on the affidavit of registration pursuant to
paragraphs (3) and (4) of subdivision (a) of Section 2150.

SEC. 54.  

Section 2196 of the Elections Code is amended to
read:

2196.  

(a) (1) Notwithstanding any other provision of law, a
person who is qualified to register to vote and who has a valid
California driver’s license or state identification card may submit
an affidavit of voter registration electronically on the Internet Web
site of the Secretary of State.

(2) An affidavit submitted pursuant to this section is effective
upon receipt of the affidavit by the Secretary of State if the affidavit
is received on or before the last day to register for an election to
be held in the precinct of the person submitting the affidavit.

(3) The affiant shall affirmatively attest to the truth of the
information provided in the affidavit.

(4) For voter registration purposes, the applicant shall
affirmatively assent to the use of his or her signature from his or
her driver’s license or state identification card.

(5) For each electronic affidavit, the Secretary of State shall
obtain an electronic copy of the applicant’s signature from his or
her driver’s license or state identification card directly from the
Department of Motor Vehicles.

(6) The Secretary of State shall require a person who submits
an affidavit pursuant to this section to submit all of the following:

(A) The number from his or her California driver’s license or
state identification card.

(B) His or her date of birth.

(C) The last four digits of his or her social security number.

(D) Any other information the Secretary of State deems
necessary to establish the identity of the affiant.

(7) Upon submission of an affidavit pursuant to this section, the
electronic voter registration system shall provide for immediate
verification of both of the following:

(A) That the applicant has a California driver’s license or state
identification card and that the number for that driver’s license or
identification card provided by the applicant matches the number
for that person’s driver’s license or identification card that is on
file with the Department of Motor Vehicles.

(B) That the date of birth provided by the applicant matches the
date of birth for that person that is on file with the Department of
Motor Vehicles.

(8) The Secretary of State shall employ security measures to
ensure the accuracy and integrity of voter registration affidavits
submitted electronically pursuant to this section.

(b) The Department of Motor Vehicles shall utilize the electronic
voter registration system required by this section to comply with
its duties and responsibilities as a voter registration agency pursuant
to the federal National Voter Registration Act of 1993 (52 U.S.C.
Sec. 20501 et seq.).

(c) The Department of Motor Vehicles and the Secretary of
State shall maintain a process and the infrastructure to allow the
electronic copy of the applicant’s signature and other information
required under this section that is in the possession of the
department to be transferred to the Secretary of State and to the
county election management systems to allow a person who is
qualified to register to vote in California to register to vote under
this section.

(d) If an applicant cannot electronically submit the information
required pursuant to paragraph (6) of subdivision (a), he or she
shall nevertheless be able to complete the affidavit of voter
registration electronically on the Secretary of State’s Internet Web
site, print a hard copy of the completed affidavit, and mail or
deliver the hard copy of the completed affidavit to the Secretary
of State or the appropriate county elections official.

SEC. 55.  

Section 2200 of the Elections Code is amended to
read:

2200.  

The registration of a voter is permanent for all purposes
during his or her life, unless and until the affidavit of registration
is canceled by the Secretary of State or the county elections official
for any of the causes specified in this article.

SEC. 56.  

Section 2201 of the Elections Code is amended to
read:

2201.  

(a) The county elections official shall cancel the
registration in the following cases:

(1) At the signed, written request of the person registered.

(2) When the mental incompetency of the person registered is
legally established as provided in Sections 2208, 2209, 2210, and
2211.

(3) Upon proof that the person is presently imprisoned or on
parole for conviction of a felony.

(4) Upon the production of a certified copy of a judgment
directing the cancellation to be made.

(5) Upon the death of the person registered.

(6) Pursuant to Article 2 (commencing with Section 2220).

(7) Upon official notification that the voter is registered to vote
in another begin delete county or end delete state.

(8) Upon proof that the person is otherwise ineligible to vote.

(b) The Secretary of State may cancel the registration in the
following cases:

(1) When the mental incompetency of the person registered is
legally established as provided in Sections 2208, 2209, 2210, and
2211.

(2) Upon proof that the person is presently imprisoned or on
parole for begin insert the end insert conviction of a felony.

(3) Upon the death of the person registered.

SEC. 57.  

Section 2202 of the Elections Code is amended to
read:

2202.  

(a) The county elections official shall preserve all
uncanceled affidavits of registration in a secure manner that will
protect the confidentiality of the voter information consistent with
Section 2194.

The affidavits of registration shall constitute the register required
to be kept by Article 5 (commencing with Section 2183) of Chapter
2.

(b) In lieu of maintaining uncanceled affidavits of registration,
the county elections official may microfilm, record on optical disc,
or record on any other electronic medium that does not permit
additions, deletions, or changes to the original document, the
uncanceled affidavits of registration. Any such use of an electronic
medium to record uncanceled affidavits shall protect the security
and confidentiality of the voter information. The county elections
official may dispose of any uncanceled affidavits of registration
transferred pursuant to this section. The disposal of any uncanceled
affidavits shall be performed in a manner that does not compromise
the security or confidentiality of the voter information contained
therein. For purposes of this section, a duplicate copy of an
affidavit of registration shall be deemed an original. The Secretary
of State may adopt appropriate regulations for the purpose of this
section.

SEC. 58.  

Section 2203 of the Elections Code is repealed.

SEC. 59.  

Section 2204 of the Elections Code is repealed.

SEC. 60.  

Section 2206 of the Elections Code is amended to
read:

2206.  

The Secretary of State shall adopt regulations to facilitate
the availability of death statistics from the State Department of
Health Services. The data shall be used by the Secretary of State
or county elections officials in canceling the affidavit of registration
of deceased persons.

SEC. 61.  

Section 2208 of the Elections Code is amended to
read:

2208.  

(a) A person shall be deemed mentally incompetent,
and therefore disqualified from voting, if, during the course of any
of the proceedings set forth below, the court finds that the person
is not capable of completing an affidavit of voter registration in
accordance with Section 2150 and any of the following apply:

(1) A conservator for the person or the person and estate is
appointed pursuant to Division 4 (commencing with Section 1400)
of the Probate Code.

(2) A conservator for the person or the person and estate is
appointed pursuant to Chapter 3 (commencing with Section 5350)
of Part 1 of Division 5 of the Welfare and Institutions Code.

(3) A conservator is appointed for the person pursuant to
proceedings initiated under Section 5352.5 of the Welfare and
Institutions Code, the person has been found not competent to
stand trial, and the person’s trial or judgment has been suspended
pursuant to Section 1370 of the Penal Code.

(4) A person has plead not guilty by reason of insanity, has been
found to be not guilty pursuant to Section 1026 of the Penal Code,
and is deemed to be gravely disabled at the time of judgment as
defined in paragraph (2) of subdivision (h) of Section 5008 of the
Welfare and Institutions Code.

(b) If the proceeding under the Welfare and Institutions Code
is heard by a jury, the jury shall unanimously find that the person
is not capable of completing an affidavit of voter registration before
the person shall be disqualified from voting.

(c) If an order establishing a conservatorship is made and in
connection with the order it is found that the person is not capable
of completing an affidavit of voter registration, the court shall
forward the order and determination to the Secretary of State begin insert and
the county elections official of the person’s county of residence end insert in
the format prescribed by the Secretary of State.

(d) A person shall not be disqualified from voting pursuant to
this section on the basis that he or she does, or would need to do,
any of the following to complete an affidavit of voter registration:

(1) Signs the affidavit of voter registration with a mark or a
cross pursuant to subdivision (b) of Section 2150.

(2) Signs the affidavit of voter registration by means of a
signature stamp pursuant to Section 354.5.

(3) Completes the affidavit of voter registration with the
assistance of another person pursuant to subdivision (d) of Section
2150.

SEC. 62.  

Section 2209 of the Elections Code is amended to
read:

2209.  

(a) For conservatorships established pursuant to Division
4 (commencing with Section 1400) of the Probate Code, the court
investigator shall, during the yearly or biennial review of the
conservatorship as required by Chapter 2 (commencing with
Section 1850) of Part 3 of Division 4 of the Probate Code, review
the person’s capability of completing an affidavit of voter
registration in accordance with Section 2150.

(b) (1) If the person had been disqualified from voting by reason
of being incapable of completing an affidavit of voter registration,
the court investigator shall determine whether the person has
become capable of completing the affidavit in accordance with
Section 2150 and subdivision (d) of Section 2208, and the
investigator shall so inform the court.

(2) If the investigator finds that the person is capable of
completing the affidavit in accordance with Section 2150 and
subdivision (d) of Section 2208, the court shall hold a hearing to
determine whether the person is in fact capable of completing the
affidavit. If the person is found to be capable of completing the
affidavit, the person’s right to register to vote shall be restored,
and the court shall so notify the Secretary of State begin insert and the county
elections official end insert in the format prescribed by the Secretary of State.

(c) If the person had not been found to be incapable of
completing an affidavit of voter registration, and the court
investigator determines that the person is no longer capable of
completing the affidavit in accordance with Section 2150 and
subdivision (d) of Section 2208, the investigator shall so notify
the court. The court shall hold a hearing to determine whether the
person is capable of completing an affidavit of voter registration
in accordance with Section 2150 and subdivision (d) of Section
2208. If the court determines that the person is not so able, the
court shall order the person to be disqualified from voting pursuant
to Section 2208, and the court shall so notify the Secretary of State
begin insert and the county elections official end insert in the format prescribed by the
Secretary of State.

SEC. 63.  

Section 2210 of the Elections Code is amended to
read:

2210.  

(a) If the person or the person and estate is under a
conservatorship established pursuant to Chapter 3 (commencing
with Section 5350) of Part 1 of Division 5 of the Welfare and
Institutions Code, the person may contest his or her disqualification
from voting pursuant to the procedure set forth in Section 5358.3
of the Welfare and Institutions Code.

(b) When the conservatorship described in subdivision (a)
terminates after one year, the person’s right to register to vote shall
also be automatically restored and notification begin insert shall be made end insert to
the Secretary of State begin insert and the county elections official end insert in the format
prescribed by the Secretary of State. If a petition is filed for the
reappointment of the conservator, a new determination shall be
made as to whether the person should be disqualified from voting.

(c) If the right to vote is restored pursuant to Section 5358.3 of
the Welfare and Institutions Code or if the conservatorship is
terminated in a proceeding held pursuant to Section 5364 of the
Welfare and Institutions Code, the court shall notify the Secretary
of State begin insert and the county elections official of the person’s county of
residence end insert in the format begin insert prescribed by the Secretary of State end insert that
the person’s right to register to vote is restored.

SEC. 64.  

Section 2211 of the Elections Code is amended to
read:

2211.  

(a) Any person who (1) has plead not guilty by reason
of insanity and who has been found to be not guilty pursuant to
Section 1026 of the Penal Code, (2) has been found incompetent
to stand trial and whose trial or judgment has been suspended
pursuant to Section 1370 of the Penal Code, (3) has been convicted
of a felony and who was judicially determined to be a mentally
disordered sex offender pursuant to former Section 6300 of the
Welfare and Institutions Code, as repealed by Chapter 928 of the
Statutes of 1981, or (4) has been convicted of a felony and is being
treated at a state hospital pursuant to Section 2684 of the Penal
Code shall be disqualified from voting or registering to vote during
that time that the person is involuntarily confined, pursuant to a
court order, in a public or private facility.

(b) Upon the order of commitment to a treatment facility referred
to in subdivision (a), the court shall notify the Secretary of State
begin insert and the county elections official of the person’s county of residence end insert
in the format prescribed by the Secretary of State and order the
person to be disqualified from voting or registering to vote.

(c) If the person is later released from the public or private
treatment facility, the court shall notify the Secretary of State begin insert and
the county elections official of the person’s county of residence end insert in
the format prescribed by the Secretary of State that the right of the
person to register to vote is restored.

SEC. 65.  

Section 2212 of the Elections Code is amended to
read:

2212.  

The clerk of the superior court of each county, on the
basis of the records of the court, shall furnish to the Secretary of
State begin insert and the county elections official end insert in the format prescribed by
the Secretary of State, not less frequently than the first day of every
month, a statement showing the names, addresses, and dates of
birth of all persons who have been convicted of felonies since the
clerk’s last report. The Secretary of State begin insert or county elections
official end insert shall cancel the affidavits of registration of those persons
who are currently imprisoned or on parole for the conviction of a
felony. The clerk shall certify the statement under the seal of the
court.

SEC. 66.  

Section 2221 of the Elections Code is amended to
read:

2221.  

(a) Based on the postal notices on the returned residency
confirmation postcards received pursuant to Section 2220, the
county elections official shall take the following actions:

(1) The affidavits of registration of persons whose residency
confirmation postcards are returned by the post office as
undeliverable and who have no forwarding address shall be placed
in the inactive file pursuant to paragraph (2) of subdivision (a) of
Section 2226. These persons shall be mailed the confirmation
notices described in subdivision (c) of Section 2225.

(2) The affidavits of registration of persons for whom forwarding
addresses within the county or outside the county are received
shall be immediately updated to reflect the new address provided
by the post office and the former address shall be maintained with
the voter record. These persons shall be mailed the confirmation
notices described in subdivision (b) of Section 2225.

(b) All updates to affidavits of registration made pursuant to
this section shall be reflected on the voter index as required by
Section 2191.

SEC. 67.  

Section 2224 of the Elections Code is amended to
read:

2224.  

(a) If a voter has not voted in an election within the
preceding four years, and his or her residence address, name, or
party preference has not been updated during that time, the county
elections official may send an alternate residency confirmation
postcard. The use of this postcard may be sent subsequent to NCOA
or sample ballot returns, but shall not be used in the residency
confirmation process conducted under Section 2220. The postcard
shall be forwardable, including a postage-paid and preaddressed
return form to enable the voter to verify or correct the address
information, and shall be in substantially the following form:

“If the person named on the postcard is not at this address,
PLEASE help keep the voter rolls current and save taxpayer dollars
by returning this postcard to your mail carrier.”

“IMPORTANT NOTICE”

“According to our records you have not voted in any election
during the past four years, which may indicate that you no longer
reside in ____ County. If you continue to reside in California you
must confirm your residency address in order to remain on the
active voter list and receive election materials in the mail.”

“If confirmation has not been received within 15 days, you may
be required to provide proof of your residence address in order to
vote at future elections.”

(b) The use of a toll-free number to confirm the old residence
address is optional. Any change to a voter’s address shall be
received in writing.

(c) A county using the alternate residency confirmation
procedure shall notify all voters of the procedure in the sample
ballot pamphlet or in a separate mailing.

SEC. 68.  

Section 2225 of the Elections Code is amended to
read:

2225.  

(a) Based on change-of-address data received from the
United States Postal Service or its licensees, the county elections
official shall send a forwardable notice, including a postage-paid
and preaddressed return form, to enable the voter to verify or
correct address information.

Notification received through NCOA or Operation Mail that a
voter has moved and has given no forwarding address shall not
require the mailing of a forwardable notice to that voter.

(b) If postal service change-of-address data indicates that the
voter has moved to a new residence address in California, the
forwardable notice shall be in substantially the following form:

“We have received notification that you have moved to a new
residence address in California. You will be registered to vote at
your new address unless you notify our office within 15 days that
the address to which this card was mailed is not a change of your
permanent residence. You must notify our office by either returning
the attached postage-paid postcard, or by calling toll free. If this
is not a permanent residence, and if you do not notify us within
15 days, you may be required to provide proof of your residence
address in order to vote at future elections.”

(c) If postal service change-of-address data received from a
nonforwardable mailing indicates that a voter has moved and left
no forwarding address, a forwardable notice shall be sent in
substantially the following form:

“We are attempting to verify postal notification that the voter to
whom this card is addressed has moved and left no forwarding
address. If the person receiving this card is the addressed voter,
please confirm your continued residence or provide current
residence information on the attached postage-paid postcard within
15 days. If you do not return this card and continue to reside in
California, you may be required to provide proof of your residence
address in order to vote at future elections and, if you do not offer
to vote at any election in the period between the date of this notice
and the second federal general election following this notice, your
voter registration will be cancelled and you will have to reregister
in order to vote.”

(d) The use of a toll-free number to confirm the old residence
address is optional. Any change to the voter address must be
received in writing.

SEC. 69.  

Section 2226 of the Elections Code is amended to
read:

2226.  

(a) Based on change-of-address information received
pursuant to Sections 2220 to 2225, inclusive, or change-of-address
information provided directly by the voter, the county elections
official shall take the following actions as appropriate:

(1) If the information indicates the voter has moved to a new
residence address in California, the county elections official shall
immediately update the voter’s registration.

(2) If the mailings have been returned as undeliverable, or if
the voter fails to confirm his or her address as required by Section
2224, the county elections official may place the voter’s name on
the inactive file of registered voters who do not receive election
materials and are not included in calculations to determine the
number of signatures required for qualification of candidates and
measures, precinct size, or other election administration-related
processes.

(b) The voter registration of any voter whose name has been
placed on the inactive file of registered voters for failure to respond
to an address verification mailing required by Section 2225, and
who does not offer to vote or vote at any election between the date
of the mailing and two federal general elections after the date of
that mailing, may be canceled.

(c) Any voter whose name has been placed on the inactive file
of registered voters and offers to vote at any election between the
date of the verification notice, and two federal general elections
after the date of notice, or who notifies the elections official of a
continued residency, shall be removed from the inactive file and
placed on the active voter file.

(d) All address updates, cancellations, and inactive transactions
made to the voter registration file pursuant to this section shall be
reflected on the voter index as required by Section 2191.

SEC. 70.  

Section 2227 of the Elections Code is amended to
read:

2227.  

(a) In lieu of mailing a residency confirmation postcard,
as prescribed in subdivision (a) of Section 2220, the county
elections official may contract with a consumer credit reporting
agency or its licensees to obtain use of change-of-address data in
accordance with this section.

(b) If the county elections official contracts with a consumer
credit reporting agency or its licensees pursuant to subdivision (a),
all of the following shall occur:

(1) For each registered voter in the county, the county elections
official shall initiate a search for change-of-address data with the
consumer credit reporting agency or its licensees by providing the
name and residence address of each registered voter in the county
to the consumer credit reporting agency or its licensees.

(2) The consumer credit reporting agency or its licensees shall
search their databases for each name and address provided by the
county elections official and shall report to the county elections
official any information indicating that the registered voter changed
his or her residence address.

(c) (1) Notwithstanding Section 2194 of this code or Section
6254.4 of the Government Code, and except as provided in
paragraph (2), a county elections official may disclose a registered
voter’s name and residence address to a consumer credit reporting
agency or its licensees pursuant to, and in accordance with, this
section.

(2) A county elections official shall not disclose to a consumer
credit reporting agency or its licensees the name and residence
address of a registered voter if that information is deemed
confidential pursuant to Section 2166, 2166.5, or 2166.7 of this
code, or Chapter 3.1 (commencing with Section 6205) of Division
7 of Title 1 of the Government Code.

(d) A consumer credit reporting agency or its licensees shall
use the information provided by a county elections official only
pursuant to paragraph (2) of subdivision (b), and shall not retain
any information received from the county elections official
pursuant to this section.

(e) Based on change-of-address data received from a consumer
credit reporting agency or its licensees, the county elections official
shall send a forwardable notice, including a postage-paid and
preaddressed return form, which may be in the form of a postcard,
to the registered voter to enable the voter to verify or correct
address information. The forwardable notice shall be in
substantially the following form:

“We have received notification that you have moved to a new
residence address in ____ County. You will remain registered to
vote at your old address unless you notify our office that the
address to which this card was mailed is a change of your
permanent residence. Please notify our office in writing by
returning the attached postage-paid postcard. If this is not a
permanent residence, and you do not wish to change your address
for voting purposes, please disregard this notice.”

(f) The county elections official shall take all of the following
actions as appropriate:

(1) If a voter responds to the forwardable notice sent pursuant
to subdivision (e) or otherwise verifies in a signed writing that he
or she has moved to a new residence address in California, the
county elections official shall verify the signature on the response
by comparing it to the signature on file for the voter and, if
appropriate, immediately update the voter’s registration with the
new residence address.

(2) If a voter does not respond to the forwardable notice sent
pursuant to subdivision (e) and does not otherwise verify in a
signed writing that he or she has moved to a new residence address,
the elections official shall not place the voter’s name on the inactive
file of registered voters or cancel the voter registration.

(g) For purposes of this section, “consumer credit reporting
agency” has the same meaning as set forth in subdivision (d) of
Section 1785.3 of the Civil Code.

begin insert

begin insert SEC. 71. end insert   

end insert

begin insert Section 3009 of the end insert begin insert Elections Code end insert begin insert is amended to
read: end insert

3009.  

(a) Upon receipt of any vote by mail ballot application
signed by the voter that arrives within the proper time, the elections
official should determine if the signature and residence address
on the ballot application appear to be the same as that on the
original affidavit of registration. The elections official may make
this signature check upon receiving the voted ballot, but the
signature must be compared before the vote by mail voter ballot
is canvassed.

(b) If the elections official deems the applicant entitled to a vote
by mail voter’s ballot he or she shall deliver by mail or in person
the appropriate ballot. The ballot may be delivered to the applicant,
his or her spouse, child, parent, grandparent, grandchild, or sibling,
or a person residing in the same household as the vote by mail
voter, except that in no case shall the ballot be delivered to an
individual under 16 years of age. The elections official shall deliver
the vote by mail ballot to the applicant’s spouse, child, parent,
grandparent, grandchild, or sibling, or a person residing in the
same household as the vote by mail voter only if that person signs
a statement attested to under penalty of perjury that provides the
name of the applicant and his or her relationship to the applicant,
and affirms that he or she is 16 years of age or older, and is
authorized by the applicant to deliver the vote by mail ballot.

(c) If the elections official determines that an application does
not contain all of the information prescribed in Section 3001 or
3006, or for any other reason is defective, and the elections official
is able to ascertain the voter’s address, the elections official shall,
within one working day of receiving the application, mail the voter
a vote by mail voter’s ballot together with a notice. The notice
shall inform the voter that the voter’s vote by mail voter’s ballot
shall not be counted unless the applicant provides the elections
official with the missing information or corrects the defects prior
to, or at the time of, receipt of the voter’s executed vote by mail
voter’s ballot. The notice shall specifically inform the voter of the
information that is required or the reason for the defects in the
application, and shall state the procedure necessary to remedy the
defective application.

If the voter substantially complies with the requirements
contained in the elections official’s notice, the voter’s ballot shall
be counted.

In determining from the records of registration if the signature
and residence address on the application appear to be the same as
that on the original affidavit of registration, the elections official
or registrar of voters may use begin delete the duplicate file of affidavits of
registered voters or the facsimiles of voter’s signatures end delete begin insert any file or
list of registered voters end insert , provided that the method of preparing and
displaying the begin delete facsimiles end delete begin insert file or list end insert complies with law.

begin delete SEC. 71. end delete
begin insert SEC. 72. end insert   

Section 3010 of the Elections Code is amended to
read:

3010.  

The elections official shall deliver to each qualified
applicant:

(a) The ballot for the precinct in which he or she resides. In
primary elections this shall also be accompanied by the ballot for
the central committee of the party for which the voter has disclosed
a preference, if any.

(b) All supplies necessary for the use and return of the ballot.

No officer of this state may make any charge for services
rendered to any voter under this chapter.

begin delete SEC. 72. end delete
begin insert SEC. 73. end insert   

Section 3011 of the Elections Code is amended to
read:

3011.  

(a) The identification envelope shall contain all of the
following:

(1) A declaration, under penalty of perjury, stating that the voter
resides within the precinct in which he or she is voting and is the
person whose name appears on the envelope.

(2) The signature of the voter.

(3) The residence address of the voter as shown on the affidavit
of registration.

(4) The date of signing.

(5) A notice that the envelope contains an official ballot and is
to be opened only by the canvassing board.

(6) A warning plainly stamped or printed on it that voting twice
constitutes a crime.

(7) A warning plainly stamped or printed on it that the voter
must sign the envelope in his or her own handwriting in order for
the ballot to be counted.

(8) A statement that the voter has neither applied, nor intends
to apply, for a vote by mail voter’s ballot from any other
jurisdiction for the same election.

(9) The name of the person authorized by the voter to return the
vote by mail ballot pursuant to Section 3017.

(10) The relationship to the voter of the person authorized to
return the vote by mail ballot.

(11) The signature of the person authorized to return the vote
by mail ballot.

(b) Except at a primary election for partisan office, and
notwithstanding any other provision of law, the vote by mail voter’s
party preference may not be stamped or printed on the identification
envelope.

begin insert

begin insert SEC. 74. end insert   

end insert

begin insert Section 3019 of the end insert begin insert Elections Code end insert begin insert is amended to
read: end insert

3019.  

(a) Upon receipt of a vote by mail ballot, the elections
official shall compare the signature on the identification envelope
with either of the following to determine whether the signatures
compare:

(1) The signature appearing on the voter’s affidavit of
registration or any previous affidavit of registration of the voter.

(2) The signature appearing on a form issued by an elections
official that contains the voter’s signature, that is part of the voter’s
registration record, and that the elections official has determined
compares with the signature on the voter’s affidavit of registration
or any previous affidavit of registration of the voter. The elections
official may make this determination by reviewing a series of
signatures appearing on official forms in the voter’s registration
record that have been determined to compare, that demonstrates
the progression of the voter’s signature, and makes evident that
the signature on the identification envelope is that of the voter.

(b) In comparing signatures pursuant to subdivision (a), the
elections official may use begin delete the duplicate file of affidavits of
registered voters or facsimiles of voters’ signatures end delete begin insert any file or list
of registered voters end insert , provided that the method of preparing and
displaying the begin delete facsimiles end delete begin insert file or list end insert complies with the law.

(c) (1) If upon conducting the comparison of signatures pursuant
to subdivision (a) the elections official determines that the
signatures compare, he or she shall deposit the ballot, still in the
identification envelope, in a ballot container in his or her office.

(2) If upon conducting the comparison of signatures pursuant
to subdivision (a) the elections official determines that the
signatures do not compare, the identification envelope shall not
be opened and the ballot shall not be counted. The cause of the
rejection shall be written on the face of the identification envelope.

(d) The variation of a signature caused by the substitution of
initials for the first or middle name, or both, shall not be grounds
for the elections official to determine that the signatures do not
compare.

(e) In comparing signatures pursuant to this section, an elections
official is authorized to use signature verification technology. If
signature verification technology determines the signatures do not
compare, the elections official shall not reject the ballot unless he
or she visually examines the signatures and verifies that the
signatures do not compare.

(f) A ballot shall not be removed from its identification envelope
until the time for processing ballots. A ballot shall not be rejected
for cause after the identification envelope has been opened.

begin insert

begin insert SEC. 75. end insert   

end insert

begin insert Section 8401 of the end insert begin insert Elections Code end insert begin insert is amended to
read: end insert

8401.  

(a) Upon receiving the nomination paper if, from the
examination of such pursuant to Section 8400, more than 500
signatures have been signed on the nomination paper petition, the
elections official may use a random sampling technique for
verification of signatures. The random sample of signatures to be
verified shall be drawn in such a manner that every signature filed
with the elections official shall be given an equal opportunity to
be included in the sample. The random sampling shall include an
examination of at least 500 or 5 percent of the signatures,
whichever is greater.

(b) If the statistical sampling shows that the number of valid
signatures is within 90 to 110 percent of the number of signatures
of qualified voters needed to declare the nomination paper
sufficient, the elections official shall examine and verify each
signature filed.

(c) In determining from the records of registration, what number
of valid signatures are signed on the nomination paper, the elections
official may use begin delete the duplicate file of affidavits maintained, or may
check the signatures against facsimiles of voters’ signatures end delete begin insert any
file or list of registered voters end insert , provided that the method of
preparing and displaying the begin delete facsimiles end delete begin insert file or list end insert is permitted by
law.

(d) The elections official shall attach to the nomination paper,
a certificate showing the result of this examination, and shall notify
the candidate of either the sufficiency or insufficiency of the
nomination paper.

(e) If the nomination paper is found insufficient, no action shall
be taken on the nomination paper. However, the failure to secure
sufficient signatures, shall not preclude the submission later of an
entirely new nomination paper to the same effect.

(f) If the nomination paper is found to be sufficient, the elections
official shall certify the results of the examination.

begin delete SEC. 73. end delete
begin insert SEC. 76. end insert   

Section 9030 of the Elections Code is amended to
read:

9030.  

(a) Each section of the petition shall be filed with the
elections official of the county or city and county in which it was
circulated, but all sections circulated in any county or city and
county shall be filed at the same time. Once filed, no petition
section shall be amended except by order of a court of competent
jurisdiction.

(b) Within eight days after the filing of the petition, excluding
Saturdays, Sundays, and holidays, the elections official shall
determine the total number of signatures affixed to the petition
and shall transmit this information to the Secretary of State. If the
total number of signatures filed with all elections officials is less
than 100 percent of the number of qualified voters required to find
the petition sufficient, the Secretary of State shall so notify the
proponents and the elections officials, and no further action shall
be taken with regard to the petition.

(c) If the number of signatures filed with all elections officials
is 100 percent or more of the number of qualified voters needed
to declare the petition sufficient, the Secretary of State shall
immediately so notify the elections officials.

(d) Within 30 days after this notification, excluding Saturdays,
Sundays, and holidays, the elections official shall determine the
number of qualified voters who have signed the petition. If more
than 500 names have been signed on sections of the petition filed
with an elections official, the elections official shall use a random
sampling technique for verification of signatures, as determined
by the Secretary of State. The random sample of signatures to be
verified shall be drawn in such a manner that every signature filed
with the elections official shall be given an equal opportunity to
be included in the sample. The random sampling shall include an
examination of at least 500 or 3 percent of the signatures,
whichever is greater. In determining from the records of registration
what number of qualified voters have signed the petition, the
elections official may use any file or list of registered voters
provided that the method of preparing and displaying the file or
list complies with law.

(e) The elections official, upon the completion of the
examination, shall immediately attach to the petition, except the
signatures thereto appended, a properly dated certificate, showing
the result of the examination, and shall immediately transmit the
petition and the certificate to the Secretary of State. A copy of this
certificate shall be filed in the elections official’s office.

(f) If the certificates received from all elections officials by the
Secretary of State establish that the number of valid signatures
does not equal 95 percent of the number of qualified voters needed
to find the petition sufficient, the petition shall be deemed to have
failed to qualify, and the Secretary of State shall immediately so
notify the proponents and the elections officials.

(g) If the certificates received from all elections officials by the
Secretary of State total more than 110 percent of the number of
qualified voters needed to find the petition sufficient, the Secretary
of State shall certify that the measure is qualified for the ballot as
provided in Section 9033.

begin delete SEC. 74. end delete
begin insert SEC. 77. end insert   

Section 9031 of the Elections Code is amended to
read:

9031.  

(a) If the statistical sampling shows that the number of
valid signatures is within 95 to 110 percent of the number of
signatures of qualified voters needed to declare the petition
sufficient, the Secretary of State shall order the examination and
verification of the signatures filed, and shall so notify the elections
officials.

(b) Within 30 days, excluding Saturdays, Sundays, and holidays,
after receipt of the order, the elections official or registrar of voters
shall determine from the records of registration what number of
qualified voters have signed the petition and if necessary the board
of supervisors shall allow the elections official or registrar
additional assistance for the purpose of examining the petition and
provide for their compensation. In determining from the records
of registration what number of qualified voters have signed the
petition, the elections official or registrar of voters may use any
file or list of registered voters, provided that the method of
preparing and displaying the file or list complies with law.

(c) (1) During the examination and verification of the signatures
filed, the elections official or registrar of voters shall submit one
or more reports to the Secretary of State showing the number of
signatures of qualified voters that have been verified as of that
date. The Secretary of State shall determine the number of reports
required to be submitted and the manner of their submission.

(2) The Secretary of State shall maintain a list indicating the
number of verified signatures of qualified voters who have signed
the petition based on the most recent reports submitted pursuant
to paragraph (1). If the Secretary of State determines, prior to each
county’s completing the examination of each signature filed, that
based on the list the petition is signed by the requisite number of
voters needed to declare the petition sufficient, the Secretary of
State shall immediately notify the elections official or registrar of
voters of every county or city and county in the state of this fact.
Immediately after receipt of this notification, the elections official
or registrar of voters may suspend signature verification until
receipt of a certificate pursuant to Section 9033 or until otherwise
instructed by the Secretary of State.

(d) The elections official or registrar, upon the completion of
the examination or notification pursuant to paragraph (2) of
subdivision (c), shall immediately attach to the petition, except
the signatures thereto appended, an amended certificate properly
dated, showing the result of the examination and shall immediately
transmit the petition, together with the amended certificate, to the
Secretary of State. A copy of the amended certificate shall be filed
in the elections official’s office.

(e) (1) If the amended certificates establish the petition’s
sufficiency, the Secretary of State shall certify that the measure is
qualified for the ballot as provided in Section 9033.

(2) If the amended certificates received from all elections
officials by the Secretary of State establish that the petition has
still been found insufficient, the Secretary of State shall
immediately so notify the proponents and the elections officials.

begin delete SEC. 75. end delete
begin insert SEC. 78. end insert   

Section 9114 of the Elections Code is amended to
read:

9114.  

Except as provided in Section 9115, within 30 days from
the date of filing of the petition, excluding Saturdays, Sundays,
and holidays, the elections official shall examine the petition, and
from the records of registration ascertain whether or not the petition
is signed by the requisite number of voters. A certificate showing
the results of this examination shall be attached to the petition.

In determining the number of valid signatures, the elections
official may use any file or list of registered voters provided that
the method of preparing and displaying the file or list complies
with law.

The elections official shall notify the proponents of the petition
as to the sufficiency or insufficiency of the petition.

If the petition is found insufficient, no further action shall be
taken. However, the failure to secure sufficient signatures, shall
not preclude the filing of a new petition on the same subject, at a
later date.

If the petition is found sufficient, the elections official shall
certify the results of the examination to the board of supervisors
at the next regular meeting of the board.

begin delete SEC. 76. end delete
begin insert SEC. 79. end insert   

Section 9115 of the Elections Code is amended to
read:

9115.  

(a) Within 30 days from the date of filing of the petition,
excluding Saturdays, Sundays, and holidays, if, from the
examination of petitions pursuant to Section 9114 shows that more
than 500 signatures have been signed on the petition, the elections
official may use a random sampling technique for verification of
signatures. The random sample of signatures to be verified shall
be drawn so that every signature filed with the elections official
shall be given an equal opportunity to be included in the sample.
The random sampling shall include an examination of at least 500,
or 3 percent of the signatures, whichever is greater.

(b) If the statistical sampling shows that the number of valid
signatures is within 95 to 110 percent of the number of signatures
of qualified voters needed to declare the petition sufficient, the
elections official shall, within 60 days from the date of the filing
of the petition, excluding Saturdays, Sundays, and holidays,
examine and verify the signatures filed. If the elections official
determines, prior to completing the examination of each signature
filed, that the petition is signed by the requisite number of qualified
voters to declare the petition sufficient, the elections official may
terminate the verification of the remaining unverified signatures.

(c) In determining from the records of registration, what number
of valid signatures are signed on the petition, the elections official
may use any file or list of registered voters, provided that the
method of preparing and displaying the file or list complies with
law.

(d) The elections official shall attach to the petition a certificate
showing the result of this examination and shall notify the
proponents of either the sufficiency or insufficiency of the petition.

(e) If the petition is found insufficient, no action shall be taken
on the petition. However, the failure to secure sufficient signatures
shall not preclude the filing later of an entirely new petition to the
same effect.

(f) If the petition is found to be sufficient, the elections official
shall certify the results of the examination to the board of
supervisors at the next regular meeting of the board.

begin delete SEC. 77. end delete
begin insert SEC. 80. end insert   

Section 9308 of the Elections Code is amended to
read:

9308.  

(a) Except as provided in Section 9309, within 30 days
from the date of filing of the petition, excluding Saturdays,
Sundays, and holidays, the district elections official shall examine
the petition, and from the records of registration ascertain whether
the petition is signed by the requisite number of voters. A certificate
showing the results of this examination shall be attached to the
petition.

(b) In determining the number of valid signatures, the district
elections official may use any file or list of registered voters,
provided that the method of preparing and displaying the file or
list complies with law.

(c) The district elections official shall notify the proponents of
the petition as to the sufficiency or insufficiency of the petition.

(d) If the petition is found insufficient, no further action shall
be taken. However, the failure to secure sufficient signatures, shall
not preclude the filing of a new petition on the same subject, at a
later date.

(e) If the petition is found sufficient, the district elections official
shall certify the results of the examination to the governing board
of the district at the next regular meeting of the board.

begin delete SEC. 78. end delete
begin insert SEC. 81. end insert   

Section 9309 of the Elections Code is amended to
read:

9309.  

(a) Within 30 days from the date of filing of the petition,
excluding Saturdays, Sundays, and holidays, if, from the
examination of petitions pursuant to Section 9308, more than 500
signatures have been signed on the petition, the district elections
official may use a random sampling technique for verification of
signatures. The random sample of signatures to be verified shall
be drawn in such a manner that every signature filed with the
elections official shall be given an equal opportunity to be included
in the sample. A random sampling shall include an examination
of at least 500 or 3 percent of the signatures, whichever is greater.

(b) If the statistical sampling shows that the number of valid
signatures is within 95 to 110 percent of the number of signatures
of qualified voters needed to declare the petition sufficient, the
district elections official, within 60 days from the date of the filing
of the petition, excluding Saturdays, Sundays, and holidays, shall
examine and verify each signature filed.

(c) In determining from the records of registration, what number
of valid signatures are signed on the petition, the district elections
official may use any file or list of registered voters, provided that
the method of preparing and displaying the file or list complies
with law.

(d) The district elections official shall attach to the petition, a
certificate showing the result of this examination, and shall notify
the proponents of either the sufficiency or insufficiency of the
petition.

(e) If the petition is found insufficient, no action shall be taken
on the petition. However, the failure to secure sufficient signatures
shall not preclude the filing later of an entirely new petition to the
same effect.

(f) If the petition is found to be sufficient, the district elections
official shall certify the results of the examination to the governing
board of the district at the next regular meeting of the board.

begin insert

begin insert SEC. 82. end insert   

end insert

begin insert Section 11224 of the end insert begin insert Elections Code end insert begin insert is amended to
read: end insert

11224.  

(a) Except as provided in Section 11225, within 30
days from the date of filing of the petition, excluding Saturdays,
Sundays, and holidays, the elections official shall examine the
petition, and from the records of registration, ascertain whether or
not the petition is signed by the requisite number of voters. If the
elections official’s examination shows that the number of valid
signatures is greater than the required number, the elections official
shall certify the petition to be sufficient. If the number of valid
signatures is less than the required number, the elections official
shall certify the petition to be insufficient.

(b) In determining the number of valid signatures, the elections
official may use begin delete the duplicate file of affidavits maintained, or may
check the signatures against facsimiles of voters’ signatures end delete begin insert any
file or list of registered voters end insert , provided that the method of
preparing and displaying the begin delete facsimiles end delete begin insert file or list end insert complies with
law.

(c) The elections official shall attach to the petition a certificate
showing the result of this examination, and shall notify the
proponents of either the sufficiency or insufficiency of the petition.

(d) If the petition is found sufficient, the elections official shall
certify the results of the examination to the governing board at its
next regular meeting.

begin insert

begin insert SEC. 83. end insert   

end insert

begin insert Section 11225 of the end insert begin insert Elections Code end insert begin insert is amended to
read: end insert

11225.  

(a) Within 30 days from the date of filing of the
petition, excluding Saturdays, Sundays, and holidays, if, from the
examination of petitions pursuant to Section 11222, more than 500
signatures have been signed on the petition, the elections official
may use a random sampling technique for verification of signatures.
The random sample of signatures to be verified shall be drawn in
a manner so that every signature filed with the elections official
shall have an equal opportunity to be included in the sample. The
random sampling shall include an examination of at least 500 or
5 percent of the signatures, whichever is greater.

(b) If the statistical sampling shows that the number of valid
signatures is greater than 110 percent of the required number, the
elections official shall certify the petition to be sufficient.

(c) If the statistical sampling shows that the number of valid
signatures is within 90 to 110 percent of the number of signatures
of qualified voters needed to declare the petition sufficient, the
elections official shall examine and verify each signature filed. If
the elections official’s examination of each signature shows that
the number of valid signatures is greater than the required number,
the elections official shall certify the petition to be sufficient. If
the number of valid signatures is less than the required number,
the elections official shall certify the petition to be insufficient.

(d) If the statistical sampling shows that the number of valid
signatures is less than 90 percent of the required number, the
elections official shall certify the petition to be insufficient.

(e) In determining from the records of registration the number
of valid signatures signed on the petition, the elections official
may use the begin delete duplicate file of affidavits maintained, or may check
the signatures against facsimiles of voters’ signatures end delete begin insert any file or
list of registered voters end insert , provided that the method of preparing and
displaying the begin delete facsimiles end delete begin insert file or list end insert complies with law.

(f) The elections official shall attach to the petition, a certificate
showing the result of this examination, and shall notify the
proponents of either the sufficiency or insufficiency of the petition.

(g) If the petition is found insufficient, no action shall be taken
on the petition. However, the failure to secure sufficient signatures
shall not preclude the filing later of an entirely new petition to the
same effect.

(h) If the petition is found to be sufficient, the elections official
shall certify the results of the examination to the governing body
at its next regular meeting.

begin delete SEC. 79. end delete
begin insert SEC. 84. end insert   

Section 14202 of the Elections Code is amended to
read:

14202.  

Before opening the polls, the precinct board shall post
in separate, convenient places at or near the polling place, and of
easy access to the voters, not less than two of the copies of the
index to the affidavits of registration for that precinct. The copies
of the index may be by street address in numerical order.

begin delete SEC. 80. end delete
begin insert SEC. 85. end insert   

Section 18104 of the Elections Code is amended to
read:

18104.  

Any individual or organization having charge of
affidavits of registration is guilty of a misdemeanor who knowingly
neglects or refuses to return affidavits of registration as provided
in Article 3 (commencing with Section 2135) of Chapter 2 of
Division 2. The county elections official shall report to the district
attorney of the county, under oath, the names of any individuals
or organizations who have failed to return the affidavits. The
district attorney shall take appropriate civil or criminal action.

begin delete SEC. 81. end delete
begin insert SEC. 86. end insert   

Section 18109 of the Elections Code is amended to
read:

18109.  

(a) It is a misdemeanor for a person in possession of
information identified in Section 2138.5, or obtained pursuant to
Article 5 (commencing with Section 2183) of Chapter 2 of Division
2 of this code or Section 6254.4 of the Government Code,
knowingly to use or permit the use of all or any part of that
information for any purpose other than as permitted by law.

(b) It is a misdemeanor for a person knowingly to acquire
possession or use of voter registration information from the
Secretary of State or a county elections official without first
complying with Section 2188.

begin delete SEC. 82. end delete
begin insert SEC. 87. end insert   

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for certain
costs that may be incurred by a local agency or school district
because, in that regard, this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.

However, if the Commission on State Mandates determines that
this act contains other 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.

begin delete SEC. 83. end delete
begin insert SEC. 88. end insert   

This act shall become operative only if 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 begin delete (42 U.S.C. Sec. 15301 et seq.). end delete begin insert (52
U.S.C. Sec. 20901 et seq.). end insert