AB 2466, as amended, 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 Statesbegin delete citizens,end deletebegin insert citizen,end insert 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 allbegin delete personend deletebegin insert
personsend insert 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:
(a) A person entitled to register to vote shall be a United
5States citizen, a resident of California, not imprisoned or on parole
P3 1for the conviction of a felony, and at least 18 years of age at the
2time of the next election.
3(b) begin delete(1)end deletebegin delete end deleteFor purposes of this section the following definitions
4apply:
3 5(A)
end delete
6begin insert(1)end insert “Imprisoned” means currently serving a state or federal
7prison sentence.
5 8(B)
end delete
9begin insert(2)end insert “Parole” means a term of supervision by the Department of
10Corrections and Rehabilitation.
11(2) For purposes of this section, “conviction” does not include
12a juvenile adjudication.
13
(3) “Conviction” does not include a juvenile adjudication made
14pursuant to Section 203 of the Welfare and Institutions Code.
Section 2101 of the Elections Code, as amended by
16Section 2 of Chapter 728 of the Statutes of 2015, is amended to
17read:
(a) A person entitled to register to vote shall be a United
19States citizen, a resident of California, not imprisoned or on parole
20for the conviction of a felony, and at least 18 years of age at the
21time of the next election.
22(b) A person entitled to preregister to vote in an election shall
23be a United States citizen, a resident of California, not imprisoned
24or on parole for the conviction of a felony, and at least 16 years
25of age.
26(c) begin delete(1)end deletebegin delete end deleteFor purposes of this
section the following definitions
27apply:
22 28(A)
end delete
29begin insert(1)end insert “Imprisoned” means currently serving a state or federal
30prison sentence.
24 31(B)
end delete
32begin insert(2)end insert “Parole” means a term of supervision by the Department of
33Corrections and Rehabilitation.
34(2) For purposes of this section, “conviction” does not include
35a juvenile adjudication.
36
(3) “Conviction” does not include a juvenile adjudication made
37pursuant to Section 203 of the Welfare and Institutions Code.
Section 2106 of the Elections Code, as enacted by
39Section 2 of Chapter 920 of the Statutes of 1994, is amended to
40read:
A program adopted by a county pursuant to Section 2103
2or 2105, that is designed to encourage the registration of electors,
3shall contain the following statement in any printed literature or
4media announcements made in connection with the program: “A
5person entitled to register to vote must be a United States citizen,
6a resident of California, not currently in state or federal prison or
7on state parole for the conviction of a felony, and at least 18 years
8of age at the time of the election.”
Section 2106 of the Elections Code, as amended by
10Section 2 of Chapter 619 of the Statutes of 2014, is amended to
11read:
A program adopted by a county pursuant to Section 2103
13or 2105, that is designed to encourage the registration of electors,
14shall contain the following statement in printed literature or media
15announcements made in connection with the
program: “A person
16entitled to register to vote must be a United States citizen, a resident
17of California, not currently in state or federal prison or on state
18parole for the conviction of a felony, and at least 18 years of age
19at the time of the election. A person may preregister to vote if he
20or she is a United States citizen, a resident of California, not
21currently in state or federal prison or on state parole for the
22conviction of a felony, and at least 16 years of age.” A county
23elections official may continue to use existing materials before
24printing new or revised materials required by any changes to this
25section.
Section 2106 of the Elections Code, as amended by
27Section 5 of Chapter 728 of the Statutes of 2015, is amended to
28read:
A program adopted by a county pursuant to Section 2103
30or 2105, that is designed to encourage the registration of electors,
31shall contain the following statement in printed literature or media
32announcements made in connection with the
program: “A person
33entitled to register to vote must be a United States citizen, a resident
34of California, not currently imprisoned in a state or federal prison
35or on state parole for the conviction of a felony, and at least 18
36years of age at the time of the election. A person may preregister
37to vote if he or she is a United States citizen, a resident of
38California, not currently imprisoned in a state or federal prison or
39on state parole for the conviction of a felony, and at least 16 years
40of age.” A county elections official may continue to use existing
P5 1materials before printing new or revised materials required by any
2changes to this section.
Section 2106 of the Elections Code, as amended by
4Section 6 of Chapter 728 of the Statutes of 2015, is amended to
5read:
A program adopted by a county pursuant to Section 2103
7or 2105, that is designed to encourage the registration of electors,
8shall contain the following statement in any printed literature or
9media announcements made in connection with the program: “A
10person entitled to register to vote must be a United States citizen,
11a resident of California, not currently imprisoned in a state or
12federal prison or on state parole for the conviction of a felony, and
13at least 18 years of age at the time of the election.”
Section 2212 of the Elections Code, as amended by
15Section 95 of Chapter 784 of the Statutes of 2002, is amended to
16read:
The clerk of the superior court of each county, on the
18basis of the records of the court, shall furnish to the county
19elections official, not less frequently than the first day of April and
20the first day of September of each year, a statement showing the
21names, addresses, and dates of birth of all persons who have been
22committed to state prison as the result of a felony conviction since
23the clerk’s last report. The elections official shall, during the first
24week of April and the first week of September in each year, cancel
25the affidavits of registration of those persons who are currently
26imprisoned or on parole for the conviction of a felony. The clerk
27shall certify the statement under the seal of the
court.
Section 2212 of the Elections Code, as amended by
29Section 65 of Chapter 728 of the Statutes of 2015, is amended to
30read:
The clerk of the superior court of each county, on the
32basis of the records of the court, shall furnish to the Secretary of
33State and the county elections official in the format prescribed by
34the Secretary of State, not less frequently than the first day of every
35month, a statement showing the names, addresses, and dates of
36birth of all persons who have been committed to state prison as
37the result of a felony conviction since the clerk’s last report. The
38Secretary of State or county elections official shall cancel the
39affidavits of registration of those persons who are currently
P6 1imprisoned or on parole for the conviction of a felony. The clerk
2shall certify the statement under the seal of the court.
If the Commission on State Mandates determines that
4this act contains costs mandated by the state, reimbursement to
5local agencies and school districts for those costs shall be made
6pursuant to Part 7 (commencing with Section 17500) of Division
74 of Title 2 of the Government Code.
O
98