BILL NUMBER: SB 439 INTRODUCED
BILL TEXT
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:
SECTION 1. Section 2170 of the Elections Code is amended to read:
2170. (a) "Conditional voter registration" means a properly
executed affidavit of registration, which is delivered by the
registrant to a county elections official during the 14 days
immediately preceding an election or on election day and which may be
deemed effective pursuant to this article after the elections
official processes the affidavit, determines the registrant's
eligibility to register, and validates the registrant's information,
as specified in subdivision (c).
(b) In addition to other methods of voter registration provided by
this code, an elector who is otherwise qualified to register to vote
under this code and Section 2 of Article II of the California
Constitution may complete a conditional voter registration and cast a
provisional ballot during the 14 days immediately preceding an
election or on election day pursuant to this article.
(c) (1) A conditional voter registration shall be deemed effective
if the county elections official is able to determine before or
during the canvass period for the election that the registrant is
eligible to register to vote and that the information provided by the
registrant on the registration affidavit matches information
contained in a database maintained by the California Department of
Motor Vehicles or the federal Social Security Administration.
(2) If the information provided by the registrant on the
registration affidavit cannot be verified pursuant to paragraph (1)
but the registrant is otherwise eligible to vote, the registrant
shall be issued a unique identification number pursuant to Section
2150 and the conditional voter registration shall be deemed
effective.
(d) The county elections official shall offer conditional voter
registration and provisional voting pursuant to this article, in
accordance with the following procedures:
(1) The elections official shall provide conditional voter
registration and provisional voting pursuant to this article at all
permanent offices of the county elections official in the county.
(2) The elections official shall advise registrants that a
conditional voter registration will be effective only if the
registrant is determined to be eligible to register to vote for the
election and the information provided by the registrant on the
registration affidavit is verified pursuant to subdivision (c).
(3) The elections official shall conduct the receipt and handling
of each conditional voter registration and offer and receive a
corresponding provisional ballot in a manner that protects the
secrecy of the ballot and allows the elections official to process
the registration, to determine the registrant's eligibility to
register, and to validate the registrant's information before
counting or rejecting the corresponding provisional ballot.
(4) After receiving a conditional voter registration, the
elections official shall process the registration, determine the
registrant's eligibility to register, and attempt to validate the
information.
(5) If a conditional registration is deemed effective, the
elections official shall include the corresponding provisional ballot
in the official canvass.
(e) The county elections official may offer conditional voter
registration and provisional voting pursuant to this article
on election day at satellite offices of the county
elections office, in accordance with the procedures specified in
paragraphs (2) to (5), inclusive, of subdivision (d).