BILL NUMBER: AB 2466 CHAPTERED
BILL TEXT
CHAPTER 757
FILED WITH SECRETARY OF STATE SEPTEMBER 28, 2016
APPROVED BY GOVERNOR SEPTEMBER 28, 2016
PASSED THE SENATE AUGUST 16, 2016
PASSED THE ASSEMBLY MAY 31, 2016
AMENDED IN ASSEMBLY MAY 3, 2016
AMENDED IN ASSEMBLY APRIL 6, 2016
INTRODUCED BY Assembly Member Weber
(Principal coauthor: Senator Mitchell)
(Coauthor: Assembly Member Gonzalez)
FEBRUARY 19, 2016
An act to amend Sections 2101, 2106, and 2212 of the Elections
Code, relating to voting.
LEGISLATIVE COUNSEL'S DIGEST
AB 2466, 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2101 of the Elections Code, as enacted by
Section 2 of Chapter 920 of the Statutes of 1994, 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) For purposes of this section, the following definitions apply:
(1) "Imprisoned" means currently serving a state or federal prison
sentence.
(2) "Parole" means a term of supervision by the Department of
Corrections and Rehabilitation.
(3) "Conviction" does not include a juvenile adjudication made
pursuant to Section 203 of the Welfare and Institutions Code.
SEC. 2. Section 2101 of the Elections Code, as amended by Section
2 of Chapter 728 of the Statutes of 2015, 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.
(c) For purposes of this section, the following definitions apply:
(1) "Imprisoned" means currently serving a state or federal prison
sentence.
(2) "Parole" means a term of supervision by the Department of
Corrections and Rehabilitation.
(3) "Conviction" does not include a juvenile adjudication made
pursuant to Section 203 of the Welfare and Institutions Code.
SEC. 3. Section 2106 of the Elections Code, as enacted by Section
2 of Chapter 920 of the Statutes of 1994, 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 contain the following statement in any printed literature or
media announcements made in connection with the program: "A person
entitled to register to vote must be a United States citizen, a
resident of California, 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."
SEC. 4. 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 contain the following statement in printed literature or media
announcements made in connection with the program: "A person entitled
to register to vote must be a United States citizen, a resident of
California, 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. A person may preregister to vote if he
or she is a United States citizen, a resident of California, not
currently in state or federal prison or on state 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. 5. Section 2106 of the Elections Code, as amended by Section
5 of Chapter 728 of the Statutes of 2015, 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 contain the following statement in printed literature or media
announcements made in connection with the program: "A person entitled
to register to vote must be a United States citizen, a resident of
California, not currently imprisoned in a 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. A person may preregister to vote
if he or she is a United States citizen, a resident of California,
not currently imprisoned in a state or federal prison or on state
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 amended by Section
6 of Chapter 728 of the Statutes of 2015, 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 contain the following statement in any printed literature or
media announcements made in connection with the program: "A person
entitled to register to vote must be a United States citizen, a
resident of California, not currently imprisoned in a 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."
SEC. 7. Section 2212 of the Elections Code, as amended by Section
95 of Chapter 784 of the Statutes of 2002, 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 county
elections official, not less frequently than the first day of April
and the first day of September of each year, a statement showing the
names, addresses, and dates of birth of all persons who have been
committed to state prison as the result of a felony conviction since
the clerk's last report. The elections official shall, during the
first week of April and the first week of September in each year,
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. 8. Section 2212 of the Elections Code, as amended by Section
65 of Chapter 728 of the Statutes of 2015, 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 and the county elections official 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 committed to state prison as the
result of a felony conviction since the clerk's last report. The
Secretary of State or county elections official 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. 9. If the Commission on State Mandates determines that this
act contains 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.