Senate BillNo. 439


Introduced by Senator Allen

February 25, 2015


An act to amend Section 2170 of the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

SB 439, as introduced, Allen. Conditional voter registration.

Existing law permits a county elections official to offer conditional voter registration and provisional voting on election day at satellite offices of the county elections office, as specified.

This bill would also allow a county elections official to offer conditional voter registration and provisional voting at satellite offices other than on election day.

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

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

P1    1

SECTION 1.  

Section 2170 of the Elections Code is amended
2to read:

3

2170.  

(a) “Conditional voter registration” means a properly
4executed affidavit of registration, which is delivered by the
5registrant to a county elections official during the 14 days
6immediately preceding an election or on election day and which
7may be deemed effective pursuant to this article after the elections
8official processes the affidavit, determines the registrant’s
9eligibility to register, and validates the registrant’s information,
10as specified in subdivision (c).

P2    1(b) In addition to other methods of voter registration provided
2by this code, an elector who is otherwise qualified to register to
3vote under this code and Section 2 of Article II of the California
4Constitution may complete a conditional voter registration and
5cast a provisional ballot during the 14 days immediately preceding
6an election or on election day pursuant to this article.

7(c) (1) A conditional voter registration shall be deemed effective
8if the county elections official is able to determine before or during
9the canvass period for the election that the registrant is eligible to
10register to vote and that the information provided by the registrant
11on the registration affidavit matches information contained in a
12database maintained by the California Department of Motor
13Vehicles or the federal Social Security Administration.

14(2) If the information provided by the registrant on the
15registration affidavit cannot be verified pursuant to paragraph (1)
16but the registrant is otherwise eligible to vote, the registrant shall
17be issued a unique identification number pursuant to Section 2150
18and the conditional voter registration shall be deemed effective.

19(d) The county elections official shall offer conditional voter
20registration and provisional voting pursuant to this article, in
21accordance with the following procedures:

22(1) The elections official shall provide conditional voter
23registration and provisional voting pursuant to this article at all
24permanent offices of the county elections official in the county.

25(2) The elections official shall advise registrants that a
26conditional voter registration will be effective only if the registrant
27is determined to be eligible to register to vote for the election and
28the information provided by the registrant on the registration
29affidavit is verified pursuant to subdivision (c).

30(3) The elections official shall conduct the receipt and handling
31of each conditional voter registration and offer and receive a
32corresponding provisional ballot in a manner that protects the
33secrecy of the ballot and allows the elections official to process
34the registration, to determine the registrant’s eligibility to register,
35and to validate the registrant’s information before counting or
36rejecting the corresponding provisional ballot.

37(4) After receiving a conditional voter registration, the elections
38official shall process the registration, determine the registrant’s
39eligibility to register, and attempt to validate the information.

P3    1(5) If a conditional registration is deemed effective, the elections
2official shall include the corresponding provisional ballot in the
3official canvass.

4(e) The county elections official may offer conditional voter
5registration and provisional voting pursuant to this articlebegin delete on
6election dayend delete
at satellite offices of the county elections office, in
7accordance with the procedures specified in paragraphs (2) to (5),
8inclusive, of subdivision (d).



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