AB 2466, as introduced, Weber. Voting: felons.
The California Constitution requires the Legislature to provide for the disqualification of electors while mentally incompetent or imprisoned or on parole for the conviction of a felony. Existing law provides that a person is entitled to register to vote if he or she is a United States citizens, 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.
This bill, for purposes of determining who is entitled to register to vote, would define imprisoned as currently serving a state or federal prison sentence and would define parole as a term of supervision by the Department of Corrections and Rehabilitation. The bill would clarify that conviction does not include a juvenile adjudication.
Existing law requires any program adopted by a county pursuant to certain provisions, that is designed to encourage the registration of electors, with respect to any printed literature or media announcements made in connection with the program to contain a statement that a person entitled to register to vote must be a United States citizen, a California resident, not in prison or on parole for conviction of a felony, and at least 18 years of age at the time of the election.
This bill would instead require that the statement, as described above, state that a person entitled to register to vote must be a United States citizen, a California resident, not currently in state or federal prison or on state parole for the conviction of a felony, and at least 18 years of age at the time of the election. By requiring a county to change the statement included as part of its voter registration program, as described above, the bill would impose a state-mandated local program.
Existing law requires the clerk of the superior court of each county, on the basis of the records of the court, to furnish to the chief elections official of the county, at least on April 1 and September 1 of each year, 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. Existing law requires the elections official to cancel the affidavits of registration of those persons who are currently imprisoned or on parole for the conviction of a felony.
This bill would instead require that the statement furnished by the clerk of the superior court of each county to the county elections official show the names, addresses, and dates of birth of all person who have been committed to state prison as the result of the conviction of a felony since the clerk’s last report.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 2101 of the Elections Code, as enacted
2by Section 2 of Chapter 920 of the Statutes of 1994, is amended
3to read:
begin insert(a)end insertbegin insert end insert A person entitled to register to vote shall be a United
5States citizen, a resident of California, notbegin delete in prisonend deletebegin insert imprisonedend insert
6 or on parole for the conviction of a felony, and at least 18 years
7of age at the time of the next election.
P3 1(b) (1) For purposes of this section the following definitions
2apply:
3(A) “Imprisoned” means currently serving a state or federal
4prison sentence.
5(B) “Parole” means a term of supervision by the Department
6of Corrections and Rehabilitation.
7(2) For purposes of this section, “conviction” does not include
8a juvenile adjudication.
Section 2101 of the Elections Code, as amended by
10Section 2 of Chapter 728 of the Statutes of 2015, is amended to
11read:
(a) A person entitled to register to vote shall be a United
13States citizen, a resident of California, not imprisoned or on parole
14for the conviction of a felony, and at least 18 years of age at the
15time of the next election.
16(b) A person entitled to preregister to vote in an election shall
17be a United States citizen, a resident of California, not imprisoned
18or on parole for the conviction of a felony, and at least 16 years
19of age.
20(c) (1) For purposes of this section the following definitions
21apply:
22(A) “Imprisoned” means currently serving a state or federal
23prison sentence.
24(B) “Parole” means a term of supervision by the Department
25of Corrections and Rehabilitation.
26(2) For purposes of this section, “conviction” does not include
27a juvenile adjudication.
Section 2106 of the Elections Code, as enacted by
29Section 2 of Chapter 920 of the Statutes of 1994, is amended to
30read:
begin deleteAny end deletebegin insertA end insertprogram adopted by a county pursuant to Section
322103 or 2105, that is designed to encourage the registration of
33electors,begin delete shall, with respect toend deletebegin insert shall contain the following statement
34inend insert any printed literature or media announcements made in
35connection withbegin delete these programs, contain this statement:end deletebegin insert
the
36programend insertbegin insert:end insert “A person entitled to register to vote must be a United
37States citizen, a resident of California, notbegin insert
currentlyend insert inbegin insert state or
38federalend insert prison or onbegin insert stateend insert parole for the conviction of a felony, and
39at least 18 years of age at the time of the election.”
Section 2106 of the Elections Code, as amended by
2Section 2 of Chapter 619 of the Statutes of 2014, is amended to
3read:
A program adopted by a county pursuant to Section 2103
5or 2105, that is designed to encourage the registration of electors,
6begin delete shall, with respect to aend deletebegin insert shall contain the following statement inend insert
7 printed literature or mediabegin delete announcementend deletebegin insert announcementsend insert made
8in connection withbegin delete these programs, contain this statement:end deletebegin insert the
9
programend insertbegin insert:end insert “A person entitled to register to vote must be a United
10States citizen, a resident of California, notbegin insert currentlyend insert
inbegin insert state or
11federalend insert prison or onbegin insert stateend insert parole for the conviction of a felony, and
12at least 18 years of age at the time of the election. A person may
13preregister to vote if he or she is a United States citizen, a resident
14of California, notbegin insert currentlyend insert inbegin insert state or federalend insert prison or onbegin insert stateend insert
15 parole for the conviction of a felony, and at least 16 years of age.”
16A county elections official may continue to use existing materials
17before printing new or revised materials
required by any changes
18to this section.
Section 2106 of the Elections Code, as amended by
20Section 5 of Chapter 728 of the Statutes of 2015, is amended to
21read:
A program adopted by a county pursuant to Section 2103
23or 2105, that is designed to encourage the registration of electors,
24begin delete shall, with respect to aend deletebegin insert shall contain the following statement inend insert
25 printed literature or mediabegin delete announcementend deletebegin insert announcementsend insert made
26in connection withbegin delete these programs, contain this statement:end deletebegin insert the
27
programend insertbegin insert:end insert “A person entitled to register to vote must be a United
28States citizen, a resident of California, notbegin insert currentlyend insert
imprisoned
29begin insert in a state or federal prisonend insert or onbegin insert stateend insert parole for the conviction of
30a felony, and at least 18 years of age at the time of the election. A
31person may preregister to vote if he or she is a United States citizen,
32a resident of California, notbegin insert currentlyend insert imprisonedbegin insert in a state or
33federal prisonend insert or onbegin insert stateend insert parole for the conviction of a felony,
34and at least 16 years of age.” A county elections official may
35continue to use existing materials before printing
new or revised
36materials required by any changes to this section.
Section 2106 of the Elections Code, as amended by
38Section 6 of Chapter 728 of the Statutes of 2015, is amended to
39read:
begin deleteAny end deletebegin insertA end insertprogram adopted by a county pursuant to Section
22103 or 2105, that is designed to encourage the registration of
3electors,begin delete shall, with respect toend deletebegin insert shall contain the following statement
4inend insert any printed literature or media announcements made in
5connection withbegin delete these programs, contain this statement:end deletebegin insert the
6programend insertbegin insert:end insert
“A person entitled to register to vote must be a United
7 States citizen, a resident of California, notbegin insert currentlyend insert
imprisoned
8begin insert in a state or federal prisonend insert or onbegin insert stateend insert parole for the conviction of
9a felony, and at least 18 years of age at the time of the election.”
Section 2212 of the Elections Code, as amended by
11Section 95 of Chapter 784 of the Statutes of 2002, is amended to
12read:
The clerk of the superior court of each county, on the
14basis of the records of the court, shall furnish to thebegin delete chiefend deletebegin insert countyend insert
15 electionsbegin delete official of the county,end deletebegin insert official,end insert not less frequently than
16the first day of April and the first day of September of each year,
17a statement showing the names, addresses, and dates of birth of
18all persons who have beenbegin delete convicted of feloniesend deletebegin insert
committed to state
19prison as the result of a felony convictionend insert since the clerk’s last
20report. The elections official shall, during the first week of April
21and the first week of September in each year, cancel the affidavits
22of registration of those persons who are currently imprisoned or
23on parole for the conviction of a felony. The clerk shall certify the
24statement under the seal of the court.
Section 2212 of the Elections Code, as amended by
26Section 65 of Chapter 728 of the Statutes of 2015, is amended to
27read:
The clerk of the superior court of each county, on the
29basis of the records of the court, shall furnish to the Secretary of
30State and the county elections official in the format prescribed by
31the Secretary of State, not less frequently than the first day of every
32month, a statement showing the names, addresses, and dates of
33birth of all persons who have beenbegin delete convicted of feloniesend deletebegin insert committed
34to state prison as the result of a felony convictionend insert since the clerk’s
35last report. The Secretary of State or county elections official shall
36cancel the affidavits of registration of those persons who are
37currently imprisoned or on parole for the conviction of a felony.
38The
clerk shall certify the statement under the seal of the court.
If the Commission on State Mandates determines that
40this act contains costs mandated by the state, reimbursement to
P6 1local agencies and school districts for those costs shall be made
2pursuant to Part 7 (commencing with Section 17500) of Division
34 of Title 2 of the Government Code.
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