Amended in Assembly April 6, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2517

Introduced by Assembly Member Thurmond

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(Coauthor: Assembly Member Chiu)

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February 19, 2016

An act to amend Sections 2000 and 2101 of the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 2517, as amended, Thurmond. Voting age: school district governing board elections.

Existing law requires a person to be at least 18 years of age at the time of the next election, among other qualifications, to be eligible to register and vote.

Existing law provides for the amendment of a city or city and county charter, and requires a charter amendment proposed by a charter commission for a city or city and county to be submitted to the voters at an established statewide general, statewide primary, or regularly scheduled municipal election, as specified.

This bill would authorize a city or city and county to propose an amendment to its charter that would allow a person who is at least 16 years of age at the time of the next election to vote in a school district governing board election, as specified, in which he or she would be qualified to vote based on residence. The bill would, in the event that a city or city and county amends its charter as described, authorize a person who is at least 16 years of age at the time of the next election, and who is otherwise qualified, to register to vote for the limited purpose of voting in a school district governing board election. If a city or city and county amends its charter as described above, this bill would require the city or city and county to enter into an agreement, as specified, with the county elections official providing for payment by the city, city or county, or school district of all costs necessary to implement the charter amendment or, alternatively, require that the city, city or county, or school district perform any or all duties necessary to implement the charter amendment, unless prohibited by law. begin insert The bill would further provide that a charter amendment adopted pursuant to these provisions with an effective date on or after January 1, 2017, is valid regardless of the date the charter amendment was approved. end insert

This bill would provide that specified provisions 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 (52 U.S.C. Sec. 20901 et seq.).

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

(a) The Legislature finds and declares all of the
following:

(1) Voting, especially at the local level, is the cornerstone of
democracy. However, voter turnout has declined consistently in
recent decades. In the most recent general election conducted in
November 2014, voter turnout was only 42 percent of eligible
voters, representing a historic low.

(2) Research shows that early voting experiences are important
determinants of future voting behavior. The formation of voting
habits begins when individuals reach voting age and experience
their first elections.

(3) Local political decisions have great influence on the lives
of 16 and 17 year olds. As such, 16 and 17 year olds deserve to
vote, and research shows they are mature enough to do so.

(4) Lowering the voting age for certain local elections will
provide an opportunity to engage young voters on issues that
directly affect them and will lead to increased voter turnout, thereby
strengthening our democracy. As an example, Norway and Austria
recently permitted 16 and 17 year olds to vote in certain elections
and research shows that voter turnout for 16 and 17 year olds was
much higher than older first-time voters.

(5) Lowering the voting age will also increase the demand for
better civics education in schools, thereby significantly increasing
political engagement.

(6) It is unclear whether existing state law permits charter cities
to lower the voting age for local elections. Therefore, this bill seeks
to provide legal certainty to those local governments considering
this issue.

(b) Therefore, it is the intent of the Legislature that:

(1) Charter cities and charter cities and counties be permitted,
and not required, to authorize 16 year olds to vote in school district
governing board elections as a means of increasing voter turnout
and civil participation.

(2) This section does not create a state-mandated local program
because any costs imposed by this act shall be paid for by the
charter city or charter city and county or the school district.

SEC. 2.  

Section 2000 of the Elections Code, as enacted by
Section 2 of Chapter 920 of the Statutes of 1994, 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) Except as provided in subdivision (c), a 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 9255, the governing body of a city or
city and county may amend its charter to authorize a person who
will be at least 16 years of age at the time of the next election to
vote in a school district governing board election in which he or
she would be qualified to vote based on residence. This subdivision
only applies to elections for school district governing boards that
are governed by a charter pursuant to Article 1 (commencing with
Section 5200) of Chapter 2 of Part 4 of Division 1 of Title 1 of the
Education Code.

(1) The city or city and county shall prescribe the manner and
method by which votes may be cast and counted pursuant to this
subdivision, provided that all votes are cast no later than 8 p.m.
on the day of the election.

(2) If a city or city and county amends its charter as described
in this subdivision, it shall enter into an agreement with the county
elections official providing for payment by the city, city or county,
or school district of all costs necessary to implement the charter
amendment. Alternatively, the agreement may provide that the
city, city or county, or school district shall perform any or all duties
necessary to implement the charter amendment, unless prohibited
by law. The agreement need not be entered into before the
enactment of the charter amendment described in this subdivision.

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(3) A charter amendment adopted pursuant to this subdivision
with an effective date on or after January 1, 2017, is valid
regardless of the date the charter amendment was approved.

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SEC. 3.  

Section 2000 of the Elections Code, as amended by
Section 1 of Chapter 728 of the Statutes of 2015, 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) Except as provided in subdivision (d), a 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, except as provided in subdivision (d).

(d) Pursuant to Section 9255, the governing body of a city or
city and county may amend its charter to authorize a person who
will be at least 16 years of age at the time of the next election to
vote in a school district governing board election in which he or
she would be qualified to vote based on residence. This subdivision
only applies to elections for school district governing boards that
are governed by a charter pursuant to Article 1 (commencing with
Section 5200) of Chapter 2 of Part 4 of Division 1 of Title 1 of the
Education Code.

(1) The city or city and county shall prescribe the manner and
method by which votes may be cast and counted pursuant to this
subdivision, provided that all votes are cast no later than 8 p.m.
on the day of the election.

(2) If a city or city and county amends its charter as described
in this subdivision, it shall enter into an agreement with the county
elections official providing for payment by the city, city or county,
or school district of all costs necessary to implement the charter
amendment. Alternatively, the agreement may provide that the
city, city or county, or school district shall perform any or all duties
necessary to implement the charter amendment, unless prohibited
by law. The agreement need not be entered into before the
enactment of the charter amendment described in this subdivision.

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(3) A charter amendment adopted pursuant to this subdivision
with an effective date of January 1, 2017, or later, shall be valid
regardless of the date the charter amendment was approved.

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SEC. 4.  

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) Except as provided in subdivision (b), a person
entitled to register to vote shall be 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 election.

(b) If a city or city and county amends its charter to authorize
a person who is at least 16 years of age at the time of the next
election to vote in a school district governing board election
pursuant to Section 2000, that person may register to vote for the
limited purpose of voting in a school district governing board
election if he or she otherwise meets the requirements set forth in
subdivision (a).

SEC. 5.  

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) Except as provided in subdivision (c), 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) If a city or city and county amends its charter to authorize
a person who is at least 16 years of age at the time of the next
election to vote in a school district governing board election
pursuant to Section 2000, that person may register to vote for the
limited purpose of voting in a school district governing board
election if he or she otherwise meets the requirements set forth in
subdivision (a).

SEC. 6.  

Sections 3 and 5 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 (52 U.S.C. Sec. 20901 et
seq.).