Amended in Senate April 6, 2015

Senate BillNo. 589


Introduced by Senator Block

February 26, 2015


An act to amendbegin delete Section 1826end deletebegin insert Sections 2102, 2150, 2208, and 2209 of the Elections Code, and to amend Sections 1823, 1826, 1828, 1851, and 1910end insert of the Probate Code, relating tobegin delete conservatorshipsend deletebegin insert votingend insert.

LEGISLATIVE COUNSEL’S DIGEST

SB 589, as amended, Block. begin deleteConservatorships. end deletebegin insertVoting: voter registration: individuals with disabilities and conservatees.end insert

begin insert

(1) Existing law requires that a person be registered as a voter by affidavit of registration and provides that a properly executed registration is deemed effective if it is received on or before the 15th day before an election to be held in the registrant’s precinct. Existing law requires the affidavit of registration to show certain information of the affiant and requires the affiant to certify the content of the affidavit as to its truth and correctness, under penalty of perjury, with the signature of the affiant’s name and the date of signing, except that if the affiant is unable to write, a mark or cross must be used to sign the affidavit.

end insert
begin insert

This bill would authorize an individual with a disability who is otherwise qualified to vote to complete an affidavit of registration with reasonable accommodations as needed. The bill would also authorize an individual with a disability who is under a conservatorship to be registered to vote if he or she has not been disqualified from voting. The bill would authorize an affiant who is an individual with a disability to complete the affidavit of registration with reasonable accommodations as needed. The bill would find and declare that by explicitly adding the concept of reasonable accommodation to state laws on voter qualification, the bill brings the state into compliance with federal standards.

end insert
begin insert

(2) Existing law deems a person mentally incompetent, and therefore disqualified from voting if, during certain proceedings including conservatorship proceedings, the court finds that the person is incapable of completing an affidavit of voter registration. Existing law, in certain conservatorship proceedings heard by a jury, requires the jury to unanimously find that the person is incapable of completing an affidavit of registration before the person is disqualified from voting. If an order establishing a conservatorship is made and in connection with the order it is found that the person is incapable of completing an affidavit of voter registration, existing law requires the court to forward the order and determination to the county elections official of the person’s county of residence. Existing law, during the yearly or biennial review of certain conservatorships, requires the court investigator to review the person’s capability of completing an affidavit of voter registration and, if the conservatee’s capability of completing the affidavit of voter registration changes, requires the court investigator to inform the court and the court to hold a hearing regarding that capability.

end insert
begin insert

This bill would instead require that a person be presumed competent to vote, regardless of his or her conservatorship status, and would require that a person be deemed mentally incompetent, and therefore disqualified from voting if, during certain proceedings including conservatorship proceedings, the court finds by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process. In certain conservatorship proceedings heard by a jury, the bill would require the jury to instead unanimously find by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process before the person is disqualified from voting. The bill would also require an order establishing a conservatorship to instead find by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process before the court is required to forward the order and determination to the county elections official of the person’s county of residence. The bill, during the yearly or biennial review of certain conservatorships, would instead require the court investigator to review the person’s capability of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and if the conservatee’s capability of communicating that desire has changed, would require the court investigator to inform the court and the court to hold a hearing regarding that capability.

end insert
begin insert

(3) Existing law regulates the terms and conditions of conservatorships and requires a court clerk, if a conservatorship petition is filed by a person other than the proposed conservatee, to issue a citation to the proposed conservatee that includes, among other things, a statement that the proposed conservatee may be disqualified from voting if he or she is incapable of completing an affidavit of voter registration, and a statement that the proposed conservatee will not be disqualified from voting if he or she would need to complete the affidavit by signing it with a mark, cross, or signature stamp, or with the assistance of another person. Existing law requires a court hearing on a petition for the appointment of a conservator and requires a court investigator, before the court hearing and as part of periodic review after the appointment of the conservator to, among other things, determine if the proposed conservatee is incapable of completing an affidavit of voter registration, as specified, and may be disqualified from voting. Existing law provides that a conservatee is not disqualified from voting on the basis that he or she would need to complete the affidavit by signing it with a mark, cross, or signature stamp, or with the assistance of another person.

end insert
begin insert

This bill would require the court clerk’s citation to the proposed conservatee, as described above, to instead include a statement that the proposed conservatee may be disqualified from voting if he or she is incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and a statement that the proposed conservatee will not be disqualified from voting if he or she would also need to complete the affidavit with reasonable accommodations. The bill would require the court investigator, before the court hearing and as part of periodic reviews after the appointment of a conservator to, among other things, instead determine whether the proposed conservatee is incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and may be disqualified from voting. The bill would also provide that a conservatee is not disqualified from voting on the basis that he or she would need to complete the affidavit with reasonable accommodations. By requiring local officials to perform additional duties, the bill would impose a state-mandated local program.

end insert
begin insert

(4) This bill would also make technical, nonsubstantive changes to these provisions.

end insert
begin insert

(5) 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.

end insert
begin insert

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

end insert
begin insert

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

end insert
begin delete

Existing law regulates the terms and conditions of conservatorships and requires a court investigator, among other things, to determine whether the proposed conservatee is not capable of completing an affidavit of voter registration, as specified, and may be disqualified from voting.

end delete
begin delete

This bill would further specify that the court investigator is required to determine whether the proposed conservatee is not capable of completing an affidavit of voter registration with or without appropriate assistance.

end delete

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

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

P4    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertThe Legislature finds and declares that federal
2disability nondiscrimination laws, including Title II of the federal
3American with Disabilities Act, entitle people with disabilities to
4reasonable accommodations, as needed, to participate in public
5activities such as voting. The Legislature further finds and declares
6that by explicitly adding the concept of reasonable accommodation
7to California laws on voter qualification, this act brings the state
8into compliance with federal standards.end insert

9begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 2102 of the end insertbegin insertElections Codeend insertbegin insert, as amended by
10Section 5 of Chapter 909 of the Statutes of 2014, is amended to
11read:end insert

12

2102.  

(a) A personbegin delete mayend deletebegin insert shallend insert not be registered as a voter except
13by affidavit of registration. The affidavit shall be mailed or
14delivered to the county elections official and shall set forth all of
P5    1the facts required to be shown by this chapter. A properly executed
2begin insert affidavit ofend insert registration shall be deemed effective upon receipt of
3the affidavit by the county elections official if received on or before
4the 15th daybegin delete prior toend deletebegin insert beforeend insert an election to be held in the registrant’s
5precinct. A properly executedbegin insert affidavit ofend insert registration shall also
6be deemed effective upon receipt of the affidavit by the county
7elections official if any of the following apply:

8(1) The affidavit is postmarked on or before the 15th daybegin delete prior
9toend delete
begin insert beforeend insert the election and received by mail by the county elections
10official.

11(2) The affidavit is submitted to the Department of Motor
12Vehicles or accepted by any other public agency designated as a
13voter registration agency pursuant to the federal National Voter
14Registration Act of 1993begin delete (42 U.S.C. Sec. 1973ggend deletebegin insert (52 U.S.C. Sec.
1520501end insert
et seq.) on or before the 15th daybegin delete prior toend deletebegin insert beforeend insert the election.

16(3) The affidavit is delivered to the county elections official by
17means other than those described in paragraphs (1) and (2) on or
18before the 15th daybegin delete prior toend deletebegin insert beforeend insert the election.

19(4) The affidavit is submitted electronically on the Internet Web
20site of the Secretary of State pursuant to Section 2196 on or before
21the 15th daybegin delete prior toend deletebegin insert beforeend insert the election.

22(b) For purposes of verifying a signature on a recall, initiative,
23or referendum petition or a signature on a nomination paper or any
24other election petition or election paper, a properly executed
25affidavit of registration shall be deemed effective for verification
26purposes if both of the following conditions are satisfied:

27(1) The affidavit is signed on the same date or a datebegin delete prior toend delete
28begin insert beforeend insert the signing of the petition or paper.

29(2) The affidavit is received by the county elections official on
30or before the date on which the petition or paper is filed.

31(c) Notwithstanding any other law to the contrary, the affidavit
32of registration required under this chapter shall not be taken under
33sworn oath, but the content of the affidavit shall be certified as to
34its truthfulness and correctness, under penalty of perjury, by the
35signature of the affiant.

begin insert

36(d) An individual with a disability who is otherwise qualified
37to vote may complete an affidavit of registration with reasonable
38accommodations as needed.

end insert
begin insert

P6    1(e) An individual with a disability who is under a
2conservatorship may be registered to vote if he or she has not been
3disqualified from voting.

end insert
4begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 2102 of the end insertbegin insertElections Codeend insertbegin insert, as amended by
5Section 6.5 of Chapter 909 of the Statutes of 2014, is amended to
6read:end insert

7

2102.  

(a) A person shall not be registered as a voter except by
8affidavit of registration. The affidavit shall be mailed or delivered
9to the county elections official and shall set forth all of the facts
10required to be shown by this chapter. A properly executedbegin insert affidavit
11ofend insert
registration shall be deemed effective upon receipt of the
12affidavit by the county elections official if received on or before
13the 15th daybegin delete prior toend deletebegin insert beforeend insert an election to be held in the registrant’s
14precinct. A properly executedbegin insert affidavit ofend insert registration shall also
15be deemed effective upon receipt of the affidavit by the county
16elections official if any of the following apply:

17(1) The affidavit is postmarked on or before the 15th daybegin delete prior
18toend delete
begin insert beforeend insert the election and received by mail by the county elections
19official.

20(2) The affidavit is submitted to the Department of Motor
21Vehicles or accepted by any other public agency designated as a
22voter registration agency pursuant to the federal National Voter
23Registration Act of 1993begin delete (42 U.S.C. Sec. 1973ggend deletebegin insert (52 U.S.C. Sec.
2420501end insert
et seq.) on or before the 15th daybegin delete prior toend deletebegin insert beforeend insert the election.

25(3) The affidavit is delivered to the county elections official by
26means other than those described inbegin delete paragraphend deletebegin insert paragraphsend insert (1) and
27(2) on or before the 15th daybegin delete prior toend deletebegin insert beforeend insert the election.

28(4) The affidavit is submitted electronically on the Internet Web
29site of the Secretary of State pursuant to Section 2196 on or before
30the 15th daybegin delete prior toend deletebegin insert beforeend insert the election.

31(b) For purposes of verifying a signature on a recall, initiative,
32or referendum petition or a signature on a nomination paper or any
33other election petition or election paper, a properly executed
34affidavit of registration shall be deemed effective for verification
35purposes if both of the following conditions are satisfied:

36(1) The affidavit is signed on the same date or a datebegin delete prior toend delete
37begin insert beforeend insert the signing of the petition or paper.

38(2) The affidavit is received by the county elections official on
39or before the date on which the petition or paper is filed.

P7    1(c) Notwithstanding any other law to the contrary, the affidavit
2of registration required under this chapter shall not be taken under
3sworn oath, but the content of the affidavit shall be certified as to
4its truthfulness and correctness, under penalty of perjury, by the
5signature of the affiant.

6(d) A person who is at least 16 years of age and otherwise meets
7all eligibility requirements to vote may submit his or her affidavit
8of registration as prescribed by this section. A properly executed
9begin insert affidavit ofend insert registration made pursuant to this subdivision shall be
10deemed effective as of the date the affiant will be 18 years of age,
11if the information in the affidavit of registration is still current at
12that time. If the information provided by the affiant in the affidavit
13of registration is not current at the time that thebegin insert affidavit ofend insert
14 registration would otherwise become effective, for his or her
15registration to become effective, the affiant shall provide the current
16information to the proper county elections official as prescribed
17by this chapter.

begin insert

18(e) An individual with a disability who is otherwise qualified to
19vote may complete an affidavit of registration with reasonable
20accommodations as needed.

end insert
begin insert

21(f) An individual with a disability who is under a conservatorship
22may be registered to vote if he or she has not been disqualified
23from voting.

end insert
24begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 2150 of the end insertbegin insertElections Codeend insertbegin insert, as amended by
25Section 8 of Chapter 1 of the Statutes of 2009, is amended to read:end insert

26

2150.  

(a) The affidavit of registration shall show:

27(1) The facts necessary to establish the affiant as an elector.

28(2) The affiant’s name at length, including his or her given
29name, and a middle name or initial, or if the initial of the given
30name is customarily used, then the initial and middle name. The
31affiant’s given name may be preceded, at affiant’s option, by the
32designation of Miss, Ms., Mrs., or Mr. A person shall not be denied
33the right to register because of his or her failure to mark a prefix
34to the given name and shall be so advised on the voter registration
35card. This subdivision shall not be construed as requiring the
36printing of prefixes on an affidavit of registration.

37(3) The affiant’s place of residence, residence telephone number,
38if furnished, andbegin delete e-mailend deletebegin insert emailend insert address, if furnished.begin delete Noend deletebegin insert Aend insert person
39shallbegin insert notend insert be denied the right to register because of his or her failure
P8    1to furnish a telephone number orbegin delete e-mailend deletebegin insert emailend insert address, and shall
2be so advised on the voter registration card.

3(4) The affiant’s mailing address, if different from the place of
4residence.

5(5) The affiant’s date of birth to establish that he or she will be
6at least 18 years of age on or before the date of the next election.

7(6) The state or country of the affiant’s birth.

8(7) (A) In the case of an applicant who has been issued a current
9and valid driver’s license, the applicant’s driver’s license number.

10(B) In the case of any other applicant, other than an applicant
11to whom subparagraph (C) applies, the last four digits of the
12applicant’s social security number.

13(C) If an applicant for voter registration has not been issued a
14current and valid driver’s license or a social security number, the
15state shall assign the applicant a number that will serve to identify
16the applicant for voter registration purposes. begin delete To the extent thatend delete begin insert Ifend insert
17 the state has a computerized list in effect under thisbegin delete subdivisionend delete
18begin insert paragraphend insert and the list assigns unique identifying numbers to
19registrants, the number assigned under this subparagraph shall be
20the unique identifying number assigned under the list.

21(8) The affiant’s political party preference.

22(9) That the affiant is currently not imprisoned or on parole for
23the conviction of a felony.

24(10) A prior registration portion indicatingbegin delete whetherend deletebegin insert ifend insert the affiant
25has been registered at another address, under another name, or as
26preferring another party. If the affiant has been so registered, he
27or she shall give an additional statement giving that address, name,
28or party.

29(b) The affiant shall certify the content of the affidavitbegin insert of
30registrationend insert
as to itsbegin delete truthend deletebegin insert truthfulnessend insert and correctness, under
31penalty of perjury, with the signature of his or her name and the
32date of signing. If the affiant is unable to write he or she shall sign
33with a mark or cross.begin insert An affiant who is an individual with a
34disability may complete the affidavit with reasonable
35accommodations as needed.end insert

36(c) The affidavit of registration shall also contain a space that
37would enable the affiant to state his or her ethnicity or race, or
38both. An affiant may not be denied the ability to register because
39he or she declines to state his or her ethnicity or race.

P9    1(d) Ifbegin delete anyend deletebegin insert aend insert person, including a deputy registrar, assists the
2affiant in completing thebegin delete affidavit,end deletebegin insert affidavit of registration,end insert that
3person shall sign and date the affidavit below the signature of the
4affiant.

5(e) The affidavit of registration shall also contain a space to
6permit the affiant to apply for permanent vote by mail status.

7(f) The Secretary of State may continue to supply existing
8affidavits of registration to county elections officialsbegin delete prior toend deletebegin insert beforeend insert
9 printing new or revised forms that reflect the changes made to this
10section bybegin delete the act that added this subdivision.end deletebegin insert Chapter 508 of the
11Statutes of 2007.end insert

12begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 2150 of the end insertbegin insertElections Codeend insertbegin insert, as amended by
13Section 3 of Chapter 619 of the Statutes of 2014, is amended to
14read:end insert

15

2150.  

(a) The affidavit of registration shall show:

16(1) The facts necessary to establish the affiant as an elector.

17(2) The affiant’s name at length, including his or her given
18name, and a middle name or initial, or if the initial of the given
19name is customarily used, then the initial and middle name. The
20affiant’s given name may be preceded, at affiant’s option, by the
21designation of Miss, Ms., Mrs., or Mr. A person shall not be denied
22the right to register because of his or her failure to mark a prefix
23to the given name and shall be so advised on the voter registration
24card. This subdivision shall not be construed as requiring the
25printing of prefixes on an affidavit of registration.

26(3) The affiant’s place of residence, residence telephone number,
27if furnished, andbegin delete e-mailend deletebegin insert emailend insert address, if furnished. A person shall
28not be denied the right to register because of his or her failure to
29furnish a telephone number orbegin delete e-mailend deletebegin insert emailend insert address, and shall be
30so advised on the voter registration card.

31(4) The affiant’s mailing address, if different from the place of
32residence.

33(5) The affiant’s date of birth to establish that he or she will be
34at least 18 years of age on or before the date of the next election.
35In the case of an affidavit of registration submitted pursuant to
36subdivision (d) of Section 2102, the affiant’s date of birth to
37establish that he or she is at least 16 years of age.

38(6) The state or country of the affiant’s birth.

39(7) (A) In the case of an applicant who has been issued a current
40and valid driver’s license, the applicant’s driver’s license number.

P10   1(B) In the case of any other applicant, other than an applicant
2to whom subparagraph (C) applies, the last four digits of the
3applicant’s social security number.

4(C) If an applicant for voter registration has not been issued a
5current and valid driver’s license or a social security number, the
6state shall assign the applicant a number that will serve to identify
7the applicant for voter registration purposes.begin delete To the extent thatend deletebegin insert Ifend insert
8 the state has a computerized list in effect under thisbegin delete subdivisionend delete
9begin insert paragraphend insert and the list assigns unique identifying numbers to
10registrants, the number assigned under this subparagraph shall be
11the unique identifying number assigned under the list.

12(8) The affiant’s political party preference.

13(9) That the affiant is currently not imprisoned or on parole for
14the conviction of a felony.

15(10) A prior registration portion indicating whether the affiant
16has been registered at another address, under another name, or as
17preferring another party. If the affiant has been so registered, he
18or she shall give an additional statement giving that address, name,
19or party.

20(b) The affiant shall certify the content of the affidavitbegin insert of
21registrationend insert
as to itsbegin delete truthend deletebegin insert truthfulnessend insert and correctness, under
22penalty of perjury, with the signature of his or her name and the
23date of signing. If the affiant is unable to write he or she shall sign
24with a mark or cross.begin insert An affiant who is an individual with a
25disability may complete the affidavit with reasonable
26accommodations as needed.end insert

27(c) The affidavit of registration shall also contain a space that
28would enable the affiant to state his or her ethnicity or race, or
29both. An affiant shall not be denied the ability to register because
30he or she declines to state his or her ethnicity or race.

31(d) If a person, including a deputy registrar, assists the affiant
32in completing thebegin delete affidavit,end deletebegin insert affidavit of registration,end insert that person
33shall sign and date the affidavit below the signature of the affiant.

34(e) The affidavit of registration shall also contain a space to
35permit the affiant to apply for permanent vote by mail status.

36(f) The Secretary of State may continue to supply existing
37affidavits of registration to county elections officialsbegin delete prior toend deletebegin insert beforeend insert
38 printing new or revised forms that reflect the changes made to this
39section bybegin delete the act that added this subdivision.end deletebegin insert Chapter 508 of the
40Statutes of 2007.end insert

P11   1begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 2208 of the end insertbegin insertElections Codeend insertbegin insert is amended to read:end insert

2

2208.  

(a) A personbegin insert is presumed competent to vote regardless
3of his or her conservatorship status. A personend insert
shall be deemed
4mentally incompetent, and therefore disqualified from voting, if,
5during the course of any of the proceedings set forth below, the
6court findsbegin delete that the person is not capable of completing an affidavit
7of voter registration in accordance with Section 2150end delete
begin insert by clear and
8convincing evidence that the person cannot communicate, with or
9without reasonable accommodations, a desire to participate in the
10voting process,end insert
and any of the following apply:

11(1) A conservator for the person or the person and estate is
12appointed pursuant to Division 4 (commencing with Section 1400)
13of the Probate Code.

14(2) A conservator for the person or the person and estate is
15appointed pursuant to Chapter 3 (commencing with Section 5350)
16of Part 1 of Division 5 of the Welfare and Institutions Code.

17(3) A conservator is appointed for the person pursuant to
18proceedings initiated under Section 5352.5 of the Welfare and
19Institutions Code, the person has been found not competent to
20stand trial, and the person’s trial or judgment has been suspended
21pursuant to Section 1370 of the Penal Code.

22(4) A person has plead not guilty by reason of insanity, has been
23found to be not guilty pursuant to Section 1026 of the Penal Code,
24and is deemed to be gravely disabled at the time of judgment as
25defined in paragraph (2) of subdivision (h) of Section 5008 of the
26Welfare and Institutions Code.

27(b) If the proceeding under the Welfare and Institutions Code
28is heard by a jury, the jury shall unanimously findbegin delete that the person
29is not capable of completing an affidavit of voter registrationend delete
begin insert by
30clear and convincing evidence that the person cannot communicate,
31with or without reasonable accommodations, a desire to participate
32in the voting processend insert
before the person shall be disqualified from
33voting.

34(c) If an order establishing a conservatorship is made and in
35connection with the order it is foundbegin insert by clear and convincing
36evidenceend insert
that the personbegin delete is not capable of completing an affidavit
37of voter registration,end delete
begin insert cannot communicate, with or without
38reasonable accommodations, a desire to participate in the voting
39process,end insert
the court shall forward the order and determination to the
40county elections official of the person’s county of residence.

P12   1(d) A person shall not be disqualified from voting pursuant to
2this section on the basis that he or she does, or would need to do,
3any of the following to complete an affidavit of voter registration:

4(1) Signs the affidavit of voter registration with a mark or a
5cross pursuant to subdivision (b) of Section 2150.

6(2) Signs the affidavit of voter registration by means of a
7signature stamp pursuant to Section 354.5.

8(3) Completes the affidavit of voter registration with the
9assistance of another person pursuant to subdivision (d) of Section
102150.

begin insert

11(4) Completes the affidavit of voter registration with reasonable
12accommodations.

end insert
13begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 2209 of the end insertbegin insertElections Codeend insertbegin insert is amended to read:end insert

14

2209.  

(a) For conservatorships established pursuant to Division
154 (commencing with Section 1400) of the Probate Code, the court
16investigator shall, during the yearly or biennial review of the
17conservatorship as required by Chapter 2 (commencing with
18Section 1850) of Part 3 of Division 4 of the Probate Code, review
19the person’s capability ofbegin delete completing an affidavit of voter
20registration in accordance with Section 2150.end delete
begin insert communicating, with
21or without reasonable accommodations, a desire to participate in
22the voting process.end insert

23(b) (1) If the person had been disqualified from votingbegin insert by reason
24of being incapable of communicating, with or without reasonable
25accommodations, a desire to participate in the voting process, orend insert

26 by reason of being incapable of completing an affidavit of voter
27registration, the court investigator shall determinebegin delete whetherend deletebegin insert ifend insert the
28person begin delete has become capable of completing the affidavit in
29accordance with Section 2150 and subdivision (d) of Section 2208,end delete

30begin insert is capable of communicating, with or without reasonable
31accommodations, a desire to participate in the voting process,end insert
and
32the investigator shall so inform the court.

33(2) If the investigator finds that the person isbegin delete capable of
34completing the affidavit in accordance with Section 2150 and
35subdivision (d) of Section 2208,end delete
begin insert incapable of communicating, with
36or without reasonable accommodations, a desire to participate in
37the voting process,end insert
the court shall hold a hearing to determine
38begin delete whether the person is in fact capable of completing the affidavit.
39Ifend delete
begin insert if, by clear and convincing evidence, the person cannot
40communicate, with or without reasonable accommodations, a
P13   1desire to participate in the voting process. Unlessend insert
the person is
2foundbegin delete to be capable of completing the affidavit,end deletebegin insert incapable of
3communicating that desire,end insert
the person’s right to register to vote
4shall be restored, and the court shall so notify the county elections
5official.

6(c) If the personbegin delete had not been found to be incapable of
7completing an affidavit of voter registration, and the court
8investigator determines that the person is no longer capable of
9completing the affidavit in accordance with Section 2150 and
10subdivision (d) of Section 2208,end delete
begin insert has not been found incapable of
11communicating, with or without reasonable accommodations, a
12desire to participate in the voting process, and the court
13investigator determines that the person is no longer capable of
14communicating that desire,end insert
the investigator shall so notify the
15court. The court shall hold a hearing to determinebegin delete whether the
16person is capable of completing an affidavit of voter registration
17in accordance with Section 2150 and subdivision (d) of Section
182208.end delete
begin insert if, by clear and convincing evidence, the person cannot
19communicate, with or without reasonable accommodations, a
20desire to participate in the voting process.end insert
If the court determines
21that the personbegin delete is not so able,end deletebegin insert cannot communicate that desire,end insert the
22court shall order the person to be disqualified from voting pursuant
23to Section 2208, and the court shall so notify the county elections
24official.

25begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 1823 of the end insertbegin insertProbate Codeend insertbegin insert is amended to read:end insert

26

1823.  

(a) If the petition is filed by a person other than the
27proposed conservatee, the clerk shall issue a citation directed to
28the proposed conservatee setting forth the time and place of
29hearing.

30(b) The citation shall include a statement of the legal standards
31by which the need for a conservatorship is adjudged as stated in
32Section 1801 and shall state the substance of all of the following:

33(1) The proposed conservatee may be adjudged unable to
34provide for personal needs or to manage financial resources and,
35by reason thereof, a conservator may be appointed for the person
36or estate, or both.

37(2) Such adjudication may affect or transfer to the conservator
38the proposed conservatee’s right to contract, in whole or in part,
39to manage and control property, to give informed consent for
40medical treatment, and to fix a residence.

P14   1(3) (A) The proposed conservatee may be disqualified from
2voting pursuant to Section 2208 of the Elections Code if he or she
3isbegin delete not capable of completing an affidavit of voter registration in
4accordance with Section 2150 of the Elections Code.end delete
begin insert incapable of
5communicating, with or without reasonable accommodations, a
6desire to participate in the voting process.end insert

7(B) The proposed conservatee shall not be disqualified from
8voting on the basis that he or she does, or would need to do, any
9 of the following to complete an affidavit of voter registration:

10(i) Signs the affidavit of voter registration with a mark or a cross
11pursuant to subdivision (b) of Section 2150 of the Elections Code.

12(ii) Signs the affidavit of voter registration by means of a
13signature stamp pursuant to Section 354.5 of the Elections Code.

14(iii) Completes the affidavit of voter registration with the
15assistance of another person pursuant to subdivision (d) of Section
162150 of the Elections Code.

begin insert

17(iv) Completes the affidavit of voter registration with reasonable
18accommodations.

end insert

19(4) The court or a court investigator will explain the nature,
20purpose, and effect of the proceeding to the proposed conservatee
21and will answer questions concerning the explanation.

22(5) The proposed conservatee has the right to appear at the
23hearing and to oppose the petition, and in the case of an alleged
24developmentally disabled adult, to oppose the petition in part, by
25objecting to any or all of the requested duties or powers of the
26limited conservator.

27(6) The proposed conservatee has the right to choose and be
28represented by legal counsel and has the right to have legal counsel
29appointed by the court if unable to retain legal counsel.

30(7) The proposed conservatee has the right to a jury trial if
31desired.

32

begin deleteSECTION 1.end delete
33begin insertSEC. 9.end insert  

Section 1826 of the Probate Code is amended to read:

34

1826.  

begin insert(a)end insertbegin insertend insertRegardless of whether the proposed conservatee
35attends the hearing, the court investigator shall do all of the
36following:

begin delete

5 37(a)

end delete

38begin insert(1)end insert Conduct the following interviews:

begin delete

6 39(1)

end delete

40begin insert(A)end insert The proposed conservatee personally.

begin delete

7 P15   1(2)

end delete

2begin insert(B)end insert All petitioners and all proposed conservators who are not
3petitioners.

begin delete

P2   1 4(3)

end delete

5begin insert(C)end insert The proposed conservatee’s spouse or registered domestic
6partner and relatives within the first degree. If the proposed
7conservatee does not have a spouse, registered domestic partner,
8or relatives within the first degree, to the greatest extent possible,
9the proposed conservatee’s relatives within the second degree.

begin delete

6 10(4)

end delete

11begin insert(D)end insert To the greatest extent practical and taking into account the
12proposed conservatee’s wishes, the proposed conservatee’s relatives
13within the second degree not required to be interviewed under
14begin delete paragraph (3),end deletebegin insert subparagraph (C),end insert neighbors, and, if known, close
15friends.

begin delete

10 16(b)

end delete

17begin insert(2)end insert Inform the proposed conservatee of the contents of the
18citation, of the nature, purpose, and effect of the proceeding, and
19of the right of the proposed conservatee to oppose the proceeding,
20to attend the hearing, to have the matter of the establishment of
21the conservatorship tried by jury, to be represented by legal counsel
22if the proposed conservatee so chooses, and to have legal counsel
23appointed by the court if unable to retain legal counsel.

begin delete

17 24(c)

end delete

25begin insert(3)end insert Determinebegin delete whetherend deletebegin insert ifend insert it appears that the proposed conservatee
26is unable to attend the hearing and, if able to attend, whether the
27proposed conservatee is willing to attend the hearing.

begin delete

20 28(d)

end delete

29begin insert(4)end insert Review the allegations of the petition as to why the
30appointment of the conservator is required and, in making his or
31her determination, do the following:

begin delete

23 32(1)

end delete

33begin insert(A)end insert Refer to the supplemental information form submitted by
34the petitioner and consider the facts set forth in the form that
35address each of the categories specified in paragraphs (1) to (5),
36inclusive, of subdivision (a) of Section 1821.

begin delete

27 37(2)

end delete

38begin insert(B)end insert Consider, to the extent practicable, whether he or she
39believes the proposed conservatee suffers from any of the mental
40function deficits listed in subdivision (a) of Section 811 that
P16   1significantly impairs the proposed conservatee’s ability to
2understand and appreciate the consequences of his or her actions
3in connection with any of the functions described in subdivision
4(a) or (b) of Section 1801 and identify the observations that support
5that belief.

begin delete

35 6(e)

end delete

7begin insert(5)end insert Determinebegin delete whetherend deletebegin insert ifend insert the proposed conservatee wishes to
8contest the establishment of the conservatorship.

begin delete

37 9(f)

end delete

10begin insert(6)end insert Determinebegin delete whetherend deletebegin insert ifend insert the proposed conservatee objects to
11the proposed conservator or prefers another person to act as
12conservator.

begin delete

P3   1 13(g)

end delete

14begin insert(7)end insert Determinebegin delete whetherend deletebegin insert ifend insert the proposed conservatee wishes to
15be represented by legal counsel and, if so, whether the proposed
16conservatee has retained legal counsel and, if not, the name of an
17attorney the proposed conservatee wishes to retain.

begin delete

18(h) (1) 

end delete

19begin insert(8)end insertbegin insertend insertbegin insert(A)end insertbegin insertend insert Determinebegin delete whetherend deletebegin insert ifend insert the proposed conservatee isbegin delete not
20capable of completing an affidavit of voter registration in
21accordance with Section 2150 of the Elections Code, with or
22without appropriate assistance,end delete
begin insert incapable of communicating, with
23or without reasonable accommodations, a desire to participate in
24the voting process,end insert
and may be disqualified from voting pursuant
25to Section 2208 of the Elections Code.

begin delete

10 26(2)

end delete

27begin insert(B)end insert The proposed conservatee shall not be disqualified from
28voting on the basis that he or she does, or would need to do, any
29of the following to complete an affidavit of voter registration:

begin delete

13 30(A)

end delete

31begin insert(i)end insert Signs the affidavit of voter registration with a mark or a cross
32pursuant to subdivision (b) of Section 2150 of the Elections Code.

begin delete

16 33(B)

end delete

34begin insert(ii)end insert Signs the affidavit of voter registration by means of a
35signature stamp pursuant to Section 354.5 of the Elections Code.

begin delete

18 36(C)

end delete

37begin insert(iii)end insert Completes the affidavit of voter registration with the
38assistance of another person pursuant to subdivision (d) of Section
392150 of the Elections Code.

begin insert

P17   1(iv) Completes the affidavit of voter registration with reasonable
2accommodations.

end insert
begin delete

21 3(i)

end delete

4begin insert(9)end insert If the proposed conservatee has not retained legal counsel,
5determinebegin delete whetherend deletebegin insert ifend insert the proposed conservatee desires the court
6to appoint legal counsel.

begin delete

24 7(j)

end delete

8begin insert(10)end insert Determine whether the appointment of legal counsel would
9be helpful to the resolution of the matter or is necessary to protect
10the interests of the proposed conservatee inbegin delete anyend deletebegin insert aend insert case where the
11proposed conservatee does not plan to retain legal counsel and has
12not requested the appointment of legal counsel by the court.

begin delete

29 13(k)

end delete

14begin insert(11)end insert Report to the court in writing, at least five days before the
15hearing, concerning all of the foregoing, including the proposed
16conservatee’s express communications concerning both of the
17following:

begin delete

33 18(1)

end delete

19begin insert(A)end insert Representation by legal counsel.

begin delete

20(2) Whether

end delete

21begin insert (B)end insertbegin insertend insertbegin insertIfend insert the proposed conservatee is not willing to attend the
22hearing, does not wish to contest the establishment of the
23conservatorship, and does not object to the proposed conservator
24orbegin delete preferend deletebegin insert prefersend insert that another person act as conservator.

begin delete

38 25(l)

end delete

26begin insert(12)end insert Mail, at least five days before the hearing, a copy of the
27report referred to inbegin delete subdivision (k)end deletebegin insert paragraph (11)end insert to all of the
28following:

begin delete

40 29(1)

end delete

30begin insert(A)end insert The attorney, if any, for the petitioner.

begin delete

P4   1 31(2)

end delete

32begin insert(B)end insert The attorney, if any, for the proposed conservatee.

begin delete

2 33(3)

end delete

34begin insert(C)end insert The proposed conservatee.

begin delete

3 35(4)

end delete

36begin insert(D)end insert The spouse, registered domestic partner, and relatives within
37the first degree of the proposed conservatee who are required to
38be named in the petition for appointment of the conservator, unless
39the court determines that the mailing will result in harm to the
40conservatee.

begin delete

8 P18   1(5)

end delete

2begin insert(E)end insert Any other persons as the court orders.

begin delete

9 3(m)

end delete

4begin insert(b)end insert The court investigator has discretion to release the report
5required by this section to the public conservator, interested public
6agencies, and the long-term care ombudsman.

begin delete

12 7(n)

end delete

8begin insert(c)end insert The report required by this section is confidential and shall
9be made available only to parties, persons described inbegin delete subdivision
10(l),end delete
begin insert paragraph (12) of subdivision (a),end insert persons given notice of the
11petition who have requested this report or who have appeared in
12the proceedings, their attorneys, and the court. The court has
13discretion at any other time to release the report, if it would serve
14the interests of the conservatee. The clerk of the court shall provide
15for the limitation of the report exclusively to persons entitled to
16its receipt.

begin delete

20 17(o)

end delete

18begin insert(d)end insert This section does not apply to a proposed conservatee who
19has personally executed the petition for conservatorship, orbegin delete oneend deletebegin insert a
20proposed conservateeend insert
who has nominated his or her own
21conservator, if he or she attends the hearing.

begin delete

24 22(p)

end delete

23begin insert(e)end insert If the court investigator has performed an investigation
24within the preceding six months and furnished a report thereon to
25the court, the court may order, upon good cause shown, that another
26investigation is not necessary or that a more limited investigation
27may be performed.

begin delete

28(q) Any

end delete

29begin insert(f)end insertbegin insertend insertbegin insertAnend insert investigation by the court investigator related to a
30temporary conservatorship also may be a part of the investigation
31for the general petition for conservatorship, but the court
32investigator shall make a second visit to the proposed conservatee
33and the report required by this section shall include the effect of
34the temporary conservatorship on the proposed conservatee.

begin delete

35 35(r)

end delete

36begin insert(g)end insert The Judicial Council shall, on or before January 1, 2009,
37adopt rules of court and Judicial Council forms as necessary to
38implement an expedited procedure to authorize, by court order, a
39proposed conservatee’s health care provider to disclose confidential
40medical information about the proposed conservatee to a court
P19   1investigator pursuant to federal medical information privacy
2regulations promulgated under thebegin insert federalend insert Health Insurance
3Portability and Accountability Act ofbegin delete 1996.end deletebegin insert 1996 (Public Law
4104-191).end insert

begin delete

3 5(s)

end delete

6begin insert(h)end insert A superior court shall not be required to perform any duties
7imposed pursuant to the amendments to this section enacted by
8Chapter 493 of the Statutes 2006 until the Legislature makes an
9appropriation identified for this purpose.

10begin insert

begin insertSEC. 10.end insert  

end insert

begin insertSection 1828 of the end insertbegin insertProbate Codeend insertbegin insert is amended to read:end insert

11

1828.  

(a) Except as provided in subdivision (c),begin delete prior toend deletebegin insert beforeend insert
12 the establishment of a conservatorship of the person or estate, or
13both, the court shall inform the proposed conservatee of all of the
14following:

15(1) The nature and purpose of the proceeding.

16(2) The establishment of a conservatorship is a legal adjudication
17of the conservatee’s inability properly to provide for the
18conservatee’s personal needs or to manage the conservatee’s own
19financial resources, or both, depending on the allegations made
20and the determinations requested in the petition, and the effect of
21such an adjudication on the conservatee’s basic rights.

22(3) (A) The proposed conservatee may be disqualified from
23voting pursuant to Section 2208 of the Elections Code if he or she
24isbegin delete not capable of completing an affidavit of voter registration in
25accordance with Section 2150 of the Elections Code.end delete
begin insert incapable of
26communicating, with or without reasonable accommodations, a
27desire to participate in the voting process.end insert

28(B) The proposed conservatee shall not be disqualified from
29voting on the basis that he or she does, or would need to do, any
30of the following to complete an affidavit of voter registration:

31(i) Signs the affidavit of voter registration with a mark or a cross
32pursuant to subdivision (b) of Section 2150 of the Elections Code.

33(ii) Signs the affidavit of voter registration by means of a
34signature stamp pursuant to Section 354.5 of the Elections Code.

35(iii) Completes the affidavit of voter registration with the
36assistance of another person pursuant to subdivision (d) of Section
372150 of the Elections Code.

begin insert

38(iv) Completes the affidavit of voter registration with reasonable
39accommodations.

end insert

40(4) The identity of the proposed conservator.

P20   1(5) The nature and effect on the conservatee’s basic rights of
2any order requested under Chapter 4 (commencing with Section
31870), and in the case of an allegedly developmentally disabled
4adult, the specific effects of each limitation requested in such order.

5(6) The proposed conservatee has the right to oppose the
6proceeding, to have the matter of the establishment of the
7conservatorship tried by jury, to be represented by legal counsel
8if the proposed conservatee so chooses, and to have legal counsel
9 appointed by the court if unable to retain legal counsel.

10(b) After the court so informs the proposed conservatee and
11begin delete prior toend deletebegin insert beforeend insert the establishment of the conservatorship, the court
12shall consult the proposed conservatee to determine the proposed
13conservatee’s opinion concerning all of the following:

14(1) The establishment of the conservatorship.

15(2) The appointment of the proposed conservator.

16(3) Any order requested under Chapter 4 (commencing with
17Section 1870), and in the case of an allegedly developmentally
18disabled adult, of each limitation requested in such order.

19(c) This section does not apply where both of the following
20conditions are satisfied:

21(1) The proposed conservatee is absent from the hearing and is
22not required to attend the hearing under subdivision (a) of Section
231825.

24(2) Any showing required by Section 1825 has been made.

25begin insert

begin insertSEC. 11.end insert  

end insert

begin insertSection 1851 of the end insertbegin insertProbate Codeend insertbegin insert is amended to read:end insert

26

1851.  

(a) (1) If court review is required pursuant to Section
271850, the court investigator shall, without prior notice to the
28conservator except as ordered by the court for necessity or to
29prevent harm to the conservatee, visit the conservatee. The court
30investigator shall inform the conservatee personally that the
31conservatee is under a conservatorship and shall give the name of
32the conservator to the conservatee. The court investigator shall
33determine all of the following:

34(A) begin deleteWhether end deletebegin insertIf end insertthe conservatee wishes to petition the court for
35termination of the conservatorship.

36(B) begin deleteWhether end deletebegin insertIf end insertthe conservatee is still in need of the
37conservatorship.

38(C) begin deleteWhether end deletebegin insertIf end insertthe present conservator is acting in the best
39interests of the conservatee. In determiningbegin delete whetherend deletebegin insert ifend insert the
40conservator is acting in the best interests of the conservatee, the
P21   1court investigator’s evaluation shall include an examination of the
2conservatee’s placement, the quality of care, including physical
3and mental treatment, and the conservatee’s finances. To the extent
4practicable, the investigator shall review the accounting with a
5conservatee who has sufficient capacity. To the greatest extent
6possible, the court investigator shall interview individuals set forth
7 inbegin insert paragraph (1) ofend insert subdivision (a) of Section 1826, in order to
8determine if the conservator is acting in the best interests of the
9conservatee.

10(D) (i) begin deleteWhether the conservatee is not capable of completing
11an affidavit of voter registration in accordance with Section 2150
12of the Elections Code end delete
begin insertIf the conservatee is incapable of
13communicating, with or without reasonable accommodations, a
14desire to participate in the voting process end insert
and may be disqualified
15from voting pursuant to Section 2208 or 2209 of the Elections
16Code.

17(ii) The conservatee shall not be disqualified from voting on
18the basis that he or she does, or would need to do, any of the
19following to complete an affidavit of voter registration:

20(I) Signs the affidavit of voter registration with a mark or a cross
21pursuant to subdivision (b) of Section 2150 of the Elections Code.

22(II) Signs the affidavit of voter registration by means of a
23signature stamp pursuant to Section 354.5 of the Elections Code.

24(III) Completes the affidavit of voter registration with the
25 assistance of another person pursuant to subdivision (d) of Section
262150 of the Elections Code.

begin insert

27(IV) Completes the affidavit of voter registration with reasonable
28accommodations.

end insert

29(2) If the court has made an order under Chapter 4 (commencing
30with Section 1870), the court investigator shall determinebegin delete whetherend delete
31begin insert ifend insert the present condition of the conservatee is such that the terms
32of the order should be modified or the order revoked.

33(3) Upon request of the court investigator, the conservator shall
34make available to the court investigator during the investigation
35for inspection and copying all books and records, including receipts
36and any expenditures, of the conservatorship.

37(b) (1) The findings of the court investigator, including the
38facts upon which the findings are based, shall be certified in writing
39to the court not less than 15 daysbegin delete prior toend deletebegin insert beforeend insert the date of review.
40A copy of the report shall be mailed to the conservator and to the
P22   1attorneys of record for the conservator and conservatee at the same
2time it is certified to the court. A copy of the report, modified as
3set forth in paragraph (2), also shall be mailed to the conservatee’s
4spouse or registered domestic partner, the conservatee’s relatives
5in the first degree, and if there are no such relatives, to the next
6closest relative, unless the court determines that the mailing will
7result in harm to the conservatee.

8(2) Confidential medical information and confidential
9information from the California Law Enforcement
10Telecommunications System shall be in a separate attachment to
11the report and shall not be provided in copies sent to the
12conservatee’s spouse or registered domestic partner, the
13conservatee’s relatives in the first degree, and if there are no such
14relatives, to the next closest relative.

15(c) In the case of a limited conservatee, the court investigator
16shall make a recommendation regarding the continuation or
17termination of the limited conservatorship.

18(d) The court investigator may personally visit the conservator
19and other persons as may be necessary to determinebegin delete whetherend deletebegin insert ifend insert the
20present conservator is acting in the best interests of the conservatee.

21(e) The report required by this section shall be confidential and
22shall be made available only to parties, persons described in
23subdivision (b), persons given notice of the petition who have
24requested the report or who have appeared in the proceeding, their
25attorneys, and the court. The court shall have discretion at any
26other time to release the report if it would serve the interests of
27the conservatee. The clerk of the court shall begin delete make provision for
28limitingend delete
begin insert limitend insert disclosure of the report exclusively to persons entitled
29begin delete theretoend deletebegin insert to the reportend insert under this section.

begin delete

30(f) The amendments made to this section by the act adding this
31subdivision shall become operative on July 1, 2007.

end delete
begin delete

32(g)

end delete

33begin insert(f)end insert A superior court shall not be required to perform any duties
34imposed pursuant to the amendments to this section enacted by
35Chapter 493 of the Statutes 2006 until the Legislature makes an
36appropriation identified for this purpose.

37begin insert

begin insertSEC. 12.end insert  

end insert

begin insertSection 1910 of the end insertbegin insertProbate Codeend insertbegin insert is amended to read:end insert

38

1910.  

(a) If the court determines the conservatee isbegin delete not capable
39of completing an affidavit of voter registration in accordance with
40Section 2150 of the Elections Code,end delete
begin insert incapable of communicating,
P23   1with or without reasonable accommodations, a desire to participate
2in the voting process,end insert
the court shall by order disqualify the
3conservatee from voting pursuant to Section 2208 or 2209 of the
4Elections Code.

5(b) The conservatee shall not be disqualified from voting on the
6basis that he or she does, or would need to do, any of the following
7to complete an affidavit of voter registration:

8(1) Signs the affidavit of voter registration with a mark or a
9cross pursuant to subdivision (b) of Section 2150 of the Elections
10Code.

11(2) Signs the affidavit of voter registration by means of a
12signature stamp pursuant to Section 354.5 of the Elections Code.

13(3) Completes the affidavit of voter registration with the
14assistance of another person pursuant to subdivision (d) of Section
152150 of the Elections Code.

begin insert

16(4) Completes the affidavit of voter registration with reasonable
17accommodations.

end insert
18begin insert

begin insertSEC. 13.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant
19to Section 6 of Article XIII B of the California Constitution for
20certain costs that may be incurred by a local agency or school
21district because in that regard this act implements a federal law
22or regulation and results only in costs mandated by the federal
23government, within the meaning of Section 17556 of the
24Government Code.

end insert
begin insert

25However, if the Commission on State Mandates determines that
26this act contains other costs mandated by the state, reimbursement
27to local agencies and school districts for those costs shall be made
28pursuant to Part 7 (commencing with Section 17500) of Division
294 of Title 2 of the Government Code.

end insert


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