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 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.
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 persons 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
2States citizen, a resident of California, not imprisoned or on parole
3for the conviction of a felony, and at least 18 years of age at the
4time of the next election.
5(b) For purposes of thisbegin delete sectionend deletebegin insert section,end insert the following definitions
6apply:
7(1) “Imprisoned” means currently serving a state or federal
8prison sentence.
9(2) “Parole” means a term of supervision by the Department of
10Corrections and Rehabilitation.
11(3) “Conviction” does not include a juvenile adjudication made
12pursuant to Section 203 of the Welfare and Institutions Code.
Section 2101 of the Elections Code, as amended by
14Section 2 of Chapter 728 of the Statutes of 2015, is amended to
15read:
(a) A person entitled to register to vote shall be a United
17States citizen, a resident of California, not imprisoned or on parole
18for the conviction of a felony, and at least 18 years of age at the
19time of the next election.
20(b) A person entitled to preregister to vote in an election shall
21be a United States citizen, a resident of California, not imprisoned
22or on parole for the conviction of a felony, and at least 16 years
23of age.
24(c) For purposes of thisbegin delete sectionend deletebegin insert section,end insert
the following definitions
25apply:
26(1) “Imprisoned” means currently serving a state or federal
27prison sentence.
28(2) “Parole” means a term of supervision by the Department of
29Corrections and Rehabilitation.
30(3) “Conviction” does not include a juvenile adjudication made
31pursuant to Section 203 of the Welfare and Institutions Code.
Section 2106 of the Elections Code, as enacted by
33Section 2 of Chapter 920 of the Statutes of 1994, is amended to
34read:
A program adopted by a county pursuant to Section 2103
36or 2105, that is designed to encourage the registration of electors,
37shall contain the following statement in any printed literature or
38media announcements made in connection with the program: “A
39person entitled to register to vote must be a United States citizen,
40a resident of California, not currently in state or federal prison or
P4 1on state parole for the conviction of a felony, and at least 18 years
2of age at the time of the election.”
Section 2106 of the Elections Code, as amended by
4Section 2 of Chapter 619 of the Statutes of 2014, 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 printed literature or media
9announcements made in connection with the program: “A person
10entitled to register to vote must be a United States citizen, a resident
11of California, not currently in state or federal prison or on state
12parole for the conviction of a felony, and at least 18 years of age
13at the time of the election. A person may preregister to vote if he
14or she is a United States citizen, a resident of California, not
15currently in state or federal prison or on state parole for the
16conviction of a felony, and at least 16 years of age.” A county
17elections official may continue to use existing
materials before
18printing new or revised materials required by any changes to this
19section.
Section 2106 of the Elections Code, as amended by
21Section 5 of Chapter 728 of the Statutes of 2015, is amended to
22read:
A program adopted by a county pursuant to Section 2103
24or 2105, that is designed to encourage the registration of electors,
25shall contain the following statement in printed literature or media
26announcements made in connection with the program: “A person
27entitled to register to vote must be a United States citizen, a resident
28of California, not currently imprisoned in a state or federal prison
29or on state parole for the conviction of a felony, and at least 18
30years of age at the time of the election. A person may preregister
31to vote if he or she is a United States citizen, a resident of
32California, not currently imprisoned in a state or federal prison or
33on state parole for the conviction of a felony, and at least 16 years
34of age.” A county elections official may
continue to use existing
35materials before printing new or revised materials required by any
36changes 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:
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 imprisoned in a state or
7federal prison or on state parole for the conviction of a felony, and
8at least 18 years of age at the time of the election.”
Section 2212 of the Elections Code, as amended by
10Section 95 of Chapter 784 of the Statutes of 2002, is amended to
11read:
The clerk of the superior court of each county, on the
13basis of the records of the court, shall furnish to the county
14elections official, not less frequently than the first day of April and
15the first day of September of each year, a statement showing the
16names, addresses, and dates of birth of all persons who have been
17committed to state prison as the result of a felony conviction since
18the clerk’s last report. The elections official shall, during the first
19week of April and the first week of September in each year, cancel
20the affidavits of registration of those persons who are currently
21imprisoned or on parole for the conviction of a felony. The clerk
22shall certify the statement under the seal of the
court.
Section 2212 of the Elections Code, as amended by
24Section 65 of Chapter 728 of the Statutes of 2015, is amended to
25read:
The clerk of the superior court of each county, on the
27basis of the records of the court, shall furnish to the Secretary of
28State and the county elections official in the format prescribed by
29the Secretary of State, not less frequently than the first day of every
30month, a statement showing the names, addresses, and dates of
31birth of all persons who have been committed to state prison as
32the result of a felony conviction since the clerk’s last report. The
33Secretary of State or county elections official shall cancel the
34affidavits of registration of those persons who are currently
35imprisoned or on parole for the conviction of a felony. The clerk
36shall certify the statement under the seal of the court.
If the Commission on State Mandates determines that
38this act contains costs mandated by the state, reimbursement to
39local agencies and school districts for those costs shall be made
P6 1pursuant to Part 7 (commencing with Section 17500) of Division
24 of Title 2 of the Government Code.
O
97