SB 589, as amended, Block. Voting: voter registration: individuals with disabilities and conservatees.
(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.
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.
(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.
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.
(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.
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.
(4) This bill would also make technical, nonsubstantive changes to these provisions.
begin insert(5) This bill would incorporate additional changes to Section 2102 of the Elections Code, proposed by AB 1461, that would become operative only if AB 1461 and this bill are both chaptered and become effective on or before January 1, 2016, and this bill is chaptered last. The bill would also incorporate additional changes to Sections 2150, 2208, and 2209 of the Elections Code, proposed by AB 1020, that would become operative only if AB 1020 and this bill are both chaptered and become effective on or before January 1, 2016, and this bill is chaptered last.
end insert(5)
end deletebegin insert(6)end insert 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
The Legislature finds and declares that federal
2disability nondiscrimination laws, including Title II of the federal
3begin delete Americanend deletebegin insert Americansend insert with Disabilities Act of 1990 (Public Law
4101-336), entitle people with disabilities to reasonable
5accommodations, as needed, to participate in public activities such
6as voting. The Legislature further finds and declares that by
7explicitly adding the concept of reasonable accommodation to
8California laws on voter
qualification, this act brings the state into
9compliance with federal standards.
Section 2102 of the Elections Code, as amended by
2Section 5 of Chapter 909 of the Statutes of 2014, is amended to
3read:
(a) A person shall not be registered as a voter except by
5affidavit of registration. The affidavit of registration shall be mailed
6or delivered to the county elections official and shall set forth all
7of the facts required to be shown by this chapter. A properly
8executed affidavit of registration shall be deemed effective upon
9receipt of the affidavit by the county elections official if received
10on or before the 15th day before an election to be held in the
11registrant’s precinct. A properly executed affidavit of registration
12shall also be deemed effective upon receipt of the affidavit by the
13county elections official if any of the following apply:
14(1) The affidavit is postmarked on or
before the 15th day before
15the election and received by mail by the county elections official.
16(2) The affidavit is submitted to the Department of Motor
17Vehicles or accepted by any other public agency designated as a
18voter registration agency pursuant to the federal National Voter
19Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.) on or
20before the 15th day before the election.
21(3) The affidavit is delivered to the county elections official by
22means other than those described in paragraphs (1) and (2) on or
23before the 15th day before the election.
24(4) The affidavit is submitted electronically on the Internet Web
25site of the Secretary of State pursuant to Section 2196 on or before
26the 15th day before the election.
27(b) For purposes of verifying a signature on a recall, initiative,
28or referendum petition or a signature on a nomination paper or any
29other election petition or election paper, a properly executed
30affidavit of registration shall be deemed effective for verification
31purposes if both of the following conditions are satisfied:
32(1) The affidavit is signed on the same date or a date before the
33signing of the petition or paper.
34(2) The affidavit is received by the county elections official on
35or before the date on which the petition or paper is filed.
36(c) Notwithstanding any other law to the contrary, the affidavit
37of registration required under this chapter shall not be
taken under
38sworn oath, but the content of the affidavit shall be certified as to
39its truthfulness and correctness, under penalty of perjury, by the
40signature of the affiant.
P6 1(d) An individual with a disability who is otherwise qualified
2to vote may complete an affidavit of registration with reasonable
3accommodations as needed.
4(e) An individual with a disability who is under a
5conservatorship may be registered to vote if he or she has not been
6disqualified from voting.
Section 2102 of the Elections Code, as amended by
8Section 6.5 of Chapter 909 of the Statutes of 2014, is amended to
9read:
(a) A person shall not be registered as a voter except by
11affidavit of registration. The affidavit of registration shall be mailed
12or delivered to the county elections official and shall set forth all
13of the facts required to be shown by this chapter. A properly
14executed affidavit of registration shall be deemed effective upon
15receipt of the affidavit by the county elections official if received
16on or before the 15th day before an election to be held in the
17registrant’s precinct. A properly executed affidavit of registration
18shall also be deemed effective upon receipt of the affidavit by the
19county elections official if any of the following apply:
20(1) The affidavit is postmarked on or
before the 15th day before
21the election and received by mail by the county elections official.
22(2) The affidavit is submitted to the Department of Motor
23Vehicles or accepted by any other public agency designated as a
24voter registration agency pursuant to the federal National Voter
25Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.) on or
26before the 15th day before the election.
27(3) The affidavit is delivered to the county elections official by
28means other than those described in paragraphs (1) and (2) on or
29before the 15th day before the election.
30(4) The affidavit is submitted electronically on the Internet Web
31site of the Secretary of State pursuant to Section 2196 on or before
32the 15th day before the election.
33(b) For purposes of verifying a signature on a recall, initiative,
34or referendum petition or a signature on a nomination paper or any
35other election petition or election paper, a properly executed
36affidavit of registration shall be deemed effective for verification
37purposes if both of the following conditions are satisfied:
38(1) The affidavit is signed on the same date or a date before the
39signing of the petition or paper.
P7 1(2) The affidavit is received by the county elections official on
2or before the date on which the petition or paper is filed.
3(c) Notwithstanding any other law to the contrary, the affidavit
4of registration required under this chapter shall not be
taken under
5sworn oath, but the content of the affidavit shall be certified as to
6its truthfulness and correctness, under penalty of perjury, by the
7signature of the affiant.
8(d) A person who is at least 16 years of age and otherwise meets
9all eligibility requirements to vote may submit his or her affidavit
10of registration as prescribed by this section. A properly executed
11affidavit of registration made pursuant to this subdivision shall be
12deemed effective as of the date the affiant will be 18 years of age,
13if the information in the affidavit of registration is still current at
14that time. If the information provided by the affiant in the affidavit
15of registration is not current at the time that the affidavit of
16registration would otherwise become effective, for his or her
17registration to become effective, the affiant shall provide the
current
18information to the proper county elections official as prescribed
19by this chapter.
20(e) An individual with a disability who is otherwise qualified
21to vote may complete an affidavit of registration with reasonable
22accommodations as needed.
23(f) An individual with a disability who is under a conservatorship
24may be registered to vote if he or she has not been disqualified
25from voting.
begin insertSection 2102 of the end insertbegin insertElections Codeend insertbegin insert, as amended by
27Section 6.5 of Chapter 909 of the Statutes of 2014, is amended to
28read:end insert
(a) begin deleteA end deletebegin insertExcept as provided in Chapter 4.5, a end insertperson shall
30not be registered as a voter except by affidavit of registration. The
31affidavitbegin insert of registrationend insert shall be mailed or delivered to the county
32elections official and shall set forth all of the facts required to be
33shown by this chapter. A properly executedbegin insert affidavit ofend insert registration
34shall be deemed effective upon receipt of the affidavit by the county
35elections official if
received on or before the 15th daybegin delete prior toend delete
36begin insert
beforeend insert an election to be held in the registrant’s precinct. A properly
37executedbegin insert affidavit ofend insert registration shall also be deemed effective
38upon receipt of the affidavit by the county elections official if any
39of the following apply:
P8 1(1) The affidavit is postmarked on or before the 15th daybegin delete prior begin insert beforeend insert the election and received by mail by the county elections
2toend delete
3official.
4(2) The affidavit is submitted to the Department of Motor
5Vehicles or accepted by any other public agency designated as a
6voter registration agency pursuant to the federal
National Voter
7Registration Act of 1993begin delete (42end deletebegin insert
(52end insert U.S.C. Sec.begin delete 1973ggend deletebegin insert 20501end insert et
8seq.) on or before the 15th daybegin delete prior toend deletebegin insert beforeend insert the election.
9(3) The affidavit is delivered to the county elections official by
10means other than those described inbegin delete paragraphend deletebegin insert paragraphsend insert (1) and
11(2) on or before the 15th daybegin delete prior toend deletebegin insert
beforeend insert the election.
12(4) The affidavit is submitted electronically on the Internet Web
13site of the Secretary of State pursuant to Section 2196 on or before
14the 15th daybegin delete prior toend deletebegin insert beforeend insert the election.
15(b) For purposes of verifying a signature on a recall, initiative,
16or referendum petition or a signature on a nomination paper or any
17other election petition or election paper, a properly executed
18affidavit of registration shall be deemed effective for verification
19purposes if both of the following conditions are satisfied:
20(1) The affidavit is signed on the same date or a datebegin delete prior toend delete
21begin insert
beforeend insert the signing of the petition or paper.
22(2) The affidavit is received by the county elections official on
23or before the date on which the petition or paper is filed.
24(c) Notwithstanding any other law to the contrary, the affidavit
25of registration required under this chapter shall not be taken under
26sworn oath, but the content of the affidavit shall be certified as to
27its truthfulness and correctness, under penalty of perjury, by the
28signature of the affiant.
29(d) A person who is at least 16 years of age and otherwise meets
30all eligibility requirements to vote may submit his or her affidavit
31of registration as prescribed by this section. A properly executed
32begin insert affidavit ofend insert
registration made pursuant to this subdivision shall be
33deemed effective as of the date the affiant will be 18 years of age,
34if the information in the affidavit of registration is still current at
35that time. If the information provided by the affiant in the affidavit
36of registration is not current at the time that thebegin insert affidavit ofend insert
37
registration would otherwise become effective, for his or her
38registration to become effective, the affiant shall provide the current
39information to the proper county elections official as prescribed
40by this chapter.
P9 1(e) An individual with a disability who is otherwise qualified to
2vote may complete an affidavit of registration with reasonable
3accommodations as needed.
4(f) An individual with a disability who is under a conservatorship
5may be registered to vote if he or she has not been disqualified
6from voting.
Section 2150 of the Elections Code, as amended by
8Section 8 of Chapter 1 of the Statutes of 2009, is amended to read:
(a) The affidavit of registration shall show:
10(1) The facts necessary to establish the affiant as an elector.
11(2) The affiant’s name at length, including his or her given
12name, and a middle name or initial, or if the initial of the given
13name is customarily used, then the initial and middle name. The
14affiant’s given name may be preceded, at the affiant’s option, by
15the designation of Miss, Ms., Mrs., or Mr. A person shall not be
16denied the right to register because of his or her failure to mark a
17prefix to the given name and shall be so advised on the voter
18registration card. This subdivision shall not be construed as
19requiring
the printing of prefixes on an affidavit of registration.
20(3) The affiant’s place of residence, residence telephone number,
21if furnished, and email address, if furnished. A person shall not be
22denied the right to register because of his or her failure to furnish
23a telephone number or email address, and shall be so advised on
24the voter registration card.
25(4) The affiant’s mailing address, if different from the place of
26residence.
27(5) The affiant’s date of birth to establish that he or she will be
28at least 18 years of age on or before the date of the next election.
29(6) The state or country of the affiant’s birth.
30(7) (A) In the case of an affiant who has been issued a current
31and valid driver’s license, the affiant’s driver’s license number.
32(B) In the case of any other affiant, other than an affiant to whom
33subparagraph (C) applies, the last four digits of the affiant’s social
34security number.
35(C) If a voter registration affiant has not been issued a current
36and valid driver’s license or a social security number, the state
37shall assign thebegin delete applicantend deletebegin insert affiantend insert a number that will serve to identify
38the affiant for voter registration purposes. If the state has a
39computerized list in effect
under this paragraph and the list assigns
40unique identifying numbers to registrants, the number assigned
P10 1under this subparagraph shall be the unique identifying number
2assigned under the list.
3(8) The affiant’s political party preference.
4(9) That the affiant is currently not imprisoned or on parole for
5the conviction of a felony.
6(10) A prior registration portion indicating if the affiant has
7been registered at another address, under another name, or as
8preferring another party. If the affiant has been so registered, he
9or she shall give an additional statement giving that address, name,
10or party.
11(b) The affiant shall certify the content of the affidavit of
12registration
as to its truthfulness and correctness, under penalty of
13perjury, with the signature of his or her name and the date of
14signing. If the affiant is unable to write he or she shall sign with
15a mark or cross. An affiant who is an individual with a disability
16may complete the affidavit with reasonable accommodations as
17needed.
18(c) The affidavit of registration shall also contain a space that
19would enable the affiant to state his or her ethnicity or race, or
20both. An affiant may not be denied the ability to register because
21he or she declines to state his or her ethnicity or race.
22(d) If a person, including a deputy registrar, assists the affiant
23in completing the affidavit of registration, that person shall sign
24and date the affidavit below the signature of the affiant.
25(e) The affidavit of registration shall also contain a space to
26permit the affiant to apply for permanent vote by mail status.
27(f) The Secretary of State may continue to supply existing
28affidavits of registration to county elections officials before printing
29new or revised forms that reflect the changes made to this section
30by Chapter 508 of the Statutes of 2007.
begin insertSection 2150 of the end insertbegin insertElections Codeend insertbegin insert, as amended by
32Section 8 of Chapter 1 of the Statutes of 2009, is amended to read:end insert
(a) The affidavit of registration shall show:
34(1) The facts necessary to establish the affiant as an elector.
35(2) The affiant’s name at length, including his or her given
36name, and a middle name or initial, or if the initial of the given
37name is customarily used, then the initial and middle name. The
38affiant’s given name may be preceded, atbegin insert theend insert affiant’s option, by
39the designation ofbegin delete Miss, Ms., Mrs., or Mr.end deletebegin insert “Miss,” “Ms.,” “Mrs.,”
40
or “Mr.end insertbegin insert”end insert
A person shall not be denied the right to register because
P11 1of his or her failure to mark a prefix to the given name and shall
2be so advised on the voter registration card. This subdivision shall
3not be construed as requiring the printing of prefixes on an affidavit
4of registration.
5(3) The affiant’s place of residence, residence telephone number,
6if furnished, andbegin delete e-mailend deletebegin insert emailend insert address, if furnished.begin delete Noend deletebegin insert Aend insert person
7shallbegin insert notend insert be denied the right to
register because of his or her failure
8to furnish a telephone number orbegin delete e-mailend deletebegin insert emailend insert address, and shall
9be so advised on the voter registration card.
10(4) The affiant’s mailing address, if different from the place of
11residence.
12(5) The affiant’s date of birth to establish that he or she will be
13at least 18 years of age on or before the date of the next election.
14(6) The state or country of the affiant’s birth.
15(7) (A) In the case of anbegin delete applicantend deletebegin insert
affiantend insert who has been issued
16a current and valid driver’s license, thebegin delete applicant’send deletebegin insert
affiant’send insert driver’s
17license number.
18(B) In the case of any otherbegin delete applicant,end deletebegin insert affiant,end insert other than an
19begin delete applicantend deletebegin insert affiantend insert to whom subparagraph (C) applies, the last four
20digits of thebegin delete applicant’send deletebegin insert affiant’send insert social security number.
21(C) Ifbegin delete an applicant forend deletebegin insert
aend insert voter registrationbegin insert affiantend insert has not been
22issued a current and valid driver’s license or a social security
23number, the state shall assign the applicant a number that will serve
24to identify thebegin delete applicantend deletebegin insert affiantend insert for voter registration purposes.begin delete To
25the extent
thatend delete
26thisbegin delete subdivisionend deletebegin insert paragraphend insert and the list assigns unique identifying
27numbers to registrants, the number assigned under this
28subparagraph shall be the unique identifying number assigned
29under the list.
30(8) The affiant’s political party preference.
31(9) That the affiant is currently not imprisoned or on parole for
32the conviction of a felony.
33(10) A prior registration portion indicatingbegin delete whetherend deletebegin insert
ifend insert
the affiant
34has been registered at another address, under another name, or as
35preferring another party. If the affiant has been so registered, he
36or she shall give an additional statement giving that address, name,
37or party.
38(b) The affiant shall certify the content of the affidavitbegin insert of
39registrationend insert as to itsbegin delete truthend deletebegin insert truthfulnessend insert and correctness, under
40penalty of perjury, with the signature of his or her name and the
P12 1date of signing. If the affiant is unable tobegin delete writeend deletebegin insert
write,end insert he or she
2shall sign with a mark or cross.begin insert An affiant who is an individual
3with a disability may complete the affidavit with reasonable
4accommodations as needed.end insert
5(c) The affidavit of registration shall also contain a space that
6would enable the affiant to state his or her ethnicity or race, or
7both. An affiant may not be denied the ability to register because
8he or she declines to state his or her ethnicity or race.
9(d) Ifbegin delete any person, including a deputy registrar,end deletebegin insert a personend insert assists
10the affiant in completing thebegin delete affidavit,end deletebegin insert
affidavit of registration,end insert
11 that person shall sign and date the affidavit below the signature of
12the affiant.
13(e) The affidavit of registration shall also contain a space to
14permit the affiant to apply for permanent vote by mail status.
15(f) The Secretary of State may continue to supply existing
16affidavits of registration to county elections officialsbegin delete prior toend deletebegin insert beforeend insert
17 printing new or revised forms that reflect the changes made to this
18section bybegin delete the act that added this subdivision.end deletebegin insert Chapter
508 of the
19Statutes of 2007.end insert
Section 2150 of the Elections Code, as amended by
21Section 3 of Chapter 619 of the Statutes of 2014, is amended to
22read:
(a) The affidavit of registration shall show:
24(1) The facts necessary to establish the affiant as an elector.
25(2) The affiant’s name at length, including his or her given
26name, and a middle name or initial, or if the initial of the given
27name is customarily used, then the initial and middle name. The
28affiant’s given name may be preceded, at the affiant’s option, by
29the designation of Miss, Ms., Mrs., or Mr. A person shall not be
30denied the right to register because of his or her failure to mark a
31prefix to the given name and shall be so advised on the voter
32registration card. This subdivision shall not be construed as
33requiring
the printing of prefixes on an affidavit of registration.
34(3) The affiant’s place of residence, residence telephone number,
35if furnished, and email address, if furnished. A person shall not be
36denied the right to register because of his or her failure to furnish
37a telephone number or email address, and shall be so advised on
38the voter registration card.
39(4) The affiant’s mailing address, if different from the place of
40residence.
P13 1(5) The affiant’s date of birth to establish that he or she will be
2at least 18 years of age on or before the date of the next election.
3In the case of an affidavit of registration submitted pursuant to
4subdivision (d) of Section 2102, the affiant’s date of birth to
5establish that he or she is at
least 16 years of age.
6(6) The state or country of the affiant’s birth.
7(7) (A) In the case of an affiant who has been issued a current
8and valid driver’s license, the affiant’s driver’s license number.
9(B) In the case of any other affiant, other than an affiant to whom
10subparagraph (C) applies, the last four digits of the affiant’s social
11security number.
12(C) If a voter registration affiant has not been issued a current
13and valid driver’s license or a social security number, the state
14shall assign the affiant a number that will serve to identify the
15affiant for voter registration purposes. If the state has a
16computerized list in effect
under this paragraph and the list assigns
17unique identifying numbers to registrants, the number assigned
18under this subparagraph shall be the unique identifying number
19assigned under the list.
20(8) The affiant’s political party preference.
21(9) That the affiant is currently not imprisoned or on parole for
22the conviction of a felony.
23(10) A prior registration portion indicating whether the affiant
24has been registered at another address, under another name, or as
25preferring another party. If the affiant has been so registered, he
26or she shall give an additional statement giving that address, name,
27or party.
28(b) The affiant shall certify the content of the
affidavit of
29registration as to its truthfulness and correctness, under penalty of
30perjury, with the signature of his or her name and the date of
31signing. If the affiant is unable to write he or she shall sign with
32a mark or cross. An affiant who is an individual with a disability
33may complete the affidavit with reasonable accommodations as
34needed.
35(c) The affidavit of registration shall also contain a space that
36would enable the affiant to state his or her ethnicity or race, or
37both. An affiant shall not be denied the ability to register because
38he or she declines to state his or her ethnicity or race.
P14 1(d) If a person, including a deputy registrar, assists the affiant
2in completing the affidavit of registration, that person shall sign
3and date the affidavit below the signature of
the affiant.
4(e) The affidavit of registration shall also contain a space to
5permit the affiant to apply for permanent vote by mail status.
6(f) The Secretary of State may continue to supply existing
7affidavits of registration to county elections officials before printing
8new or revised forms that reflect the changes made to this section
9by Chapter 508 of the Statutes of 2007.
begin insertSection 2150 of the end insertbegin insertElections Codeend insertbegin insert, as amended by
11Section 3 of Chapter 619 of the Statutes of 2014, is amended to
12read:end insert
(a) The affidavit of registration shall show:
14(1) The facts necessary to establish the affiant as an elector.
15(2) The affiant’s name at length, including his or her given
16name, and a middle name or initial, or if the initial of the given
17name is customarily used, then the initial and middle name. The
18affiant’s given name may be preceded, atbegin insert theend insert affiant’s option, by
19the designation ofbegin delete Miss, Ms., Mrs., or Mr.end deletebegin insert “Miss,” “Ms.,” “Mrs.,”
20
or “Mr.end insertbegin insert”end insert
A person shall not be denied the right to register because
21of his or her failure to mark a prefix to the given name and shall
22be so advised on the voter registration card. This subdivision shall
23not be construed as requiring the printing of prefixes on an affidavit
24of registration.
25(3) The affiant’s place of residence, residence telephone number,
26if furnished, andbegin delete e-mailend deletebegin insert emailend insert address, if furnished. A person shall
27not be denied the right to register because of his or her failure to
28furnish a telephone number orbegin delete e-mailend deletebegin insert emailend insert address, and shall be
29so
advised on the voter registration card.
30(4) The affiant’s mailing address, if different from the place of
31residence.
32(5) The affiant’s date of birth to establish that he or she will be
33at least 18 years of age on or before the date of the next election.
34In the case of an affidavit of registration submitted pursuant to
35subdivision (d) of Section 2102, the affiant’s date of birth to
36establish that he or she is at least 16 years of age.
37(6) The state or country of the affiant’s birth.
38(7) (A) In the case of anbegin delete applicantend deletebegin insert affiantend insert who has been
issued
39a current and valid driver’s license, thebegin delete applicant’send deletebegin insert
affiant’send insert driver’s
40license number.
P15 1(B) In the case of any otherbegin delete applicant,end deletebegin insert affiant,end insert other than an
2begin delete applicantend deletebegin insert affiantend insert to whom subparagraph (C) applies, the last four
3digits of thebegin delete applicant’send deletebegin insert affiant’send insert social security number.
4(C) Ifbegin delete an applicant forend deletebegin insert
aend insert voter registrationbegin insert affiantend insert has not been
5issued a current and valid driver’s license or a social security
6number, the state shall assign thebegin delete applicantend deletebegin insert affiantend insert a number that
7will serve to identify thebegin delete applicantend deletebegin insert affiantend insert for voter registration
8purposes.begin delete To the extent thatend deletebegin insert Ifend insert the state has a
computerized list in
9effect under thisbegin delete subdivisionend deletebegin insert paragraphend insert and the list assigns unique
10identifying numbers to registrants, the number assigned under this
11subparagraph shall be the unique identifying number assigned
12under the list.
13(8) The affiant’s political party preference.
14(9) That the affiant is currently not imprisoned or on parole for
15the conviction of a felony.
16(10) A prior registration portion indicating whether the affiant
17has been registered at another address, under another name, or as
18preferring another party. If the affiant has been so registered, he
19or she shall give an additional statement giving that address,
name,
20or party.
21(b) The affiant shall certify the content of the affidavitbegin insert
of
22registrationend insert as to itsbegin delete truthend deletebegin insert truthfulnessend insert and correctness, under
23penalty of perjury, with the signature of his or her name and the
24date of signing. If the affiant is unable tobegin delete writeend deletebegin insert write,end insert he or she
25shall sign with a mark or cross.begin insert An affiant who is an individual
26with a disability may complete the affidavit with reasonable
27accommodations as needed.end insert
28(c) The affidavit of registration shall also contain a space that
29
would enable the affiant to state his or her ethnicity or race, or
30both. An affiant shall not be denied the ability to register because
31he or she declines to state his or her ethnicity or race.
32(d) If abegin delete person, including a deputy registrar,end deletebegin insert personend insert assists the
33affiant in completing thebegin delete affidavit,end deletebegin insert affidavit of registration,end insert that
34person shall sign and date the affidavit below the signature of the
35affiant.
36(e) The affidavit of registration shall also contain a space to
37permit the affiant to apply for
permanent vote by mail status.
38(f) The Secretary of State may continue to supply existing
39affidavits of registration to county elections officialsbegin delete prior toend deletebegin insert beforeend insert
40 printing new or revised forms that reflect the changes made to this
P16 1section bybegin delete the act that added this subdivision.end deletebegin insert Chapter 508 of the
2Statutes of 2007.end insert
Section 2208 of the Elections Code is amended to read:
(a) A person is presumed competent to vote regardless
5of his or her conservatorship status. A person shall be deemed
6mentally incompetent, and therefore disqualified from voting, if,
7during the course of any of the proceedings set forth below, the
8court finds by clear and convincing evidence that the person cannot
9communicate, with or without reasonable accommodations, a desire
10to participate in the voting process, 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 pleaded not guilty by reason of insanity, has
23been found to be not guilty pursuant to Section 1026 of the Penal
24Code, and is deemed to be gravely disabled at the time of judgment
25as defined in paragraph (2) of subdivision (h) of Section 5008 of
26the Welfare and Institutions Code.
27(b) If the proceeding under the Welfare and Institutions Code
28is heard by a jury, the jury shall unanimously find by clear and
29convincing evidence that the person cannot communicate, with or
30without reasonable accommodations, a desire to participate in the
31voting process before the person shall be disqualified from voting.
32(c) If an order establishing a conservatorship is made and in
33connection with the order it is found by clear and convincing
34evidence that the person cannot communicate, with or without
35reasonable accommodations, a desire to participate in the voting
36process, the court shall forward the order and determination to the
37county elections official of the person’s county of residence.
38(d) A person shall not be disqualified from voting pursuant to
39this section on
the basis that he or she does, or would need to do,
40any of the following to complete an affidavit of voter registration:
P17 1(1) Signs the affidavit of voter registration with a mark or a
2cross pursuant to subdivision (b) of Section 2150.
3(2) Signs the affidavit of voter registration by means of a
4signature stamp pursuant to Section 354.5.
5(3) Completes the affidavit of voter registration with the
6assistance of another person pursuant to subdivision (d) of Section
72150.
8(4) Completes the affidavit of voter registration with reasonable
9accommodations.
begin insertSection 2208 of the end insertbegin insertElections Codeend insertbegin insert is amended to
11read:end insert
(a) A personbegin insert is presumed competent to vote regardless
13of his or her conservatorship status. A personend insert shall be deemed
14mentally incompetent, and therefore disqualified from voting, if,
15during the course of any of the proceedings set forth below, the
16court findsbegin insert by clear and convincing evidenceend insert that the personbegin delete is not begin insert cannot communicate, with or without
17capable of completing an affidavit of voter registration in
18accordance with Section 2150end delete
19reasonable
accommodations, a desire to participate in the voting
20process,end insert and any of the following apply:
21(1) A conservator for the person or the person and estate is
22appointed pursuant to Division 4 (commencing with Section 1400)
23of the Probate Code.
24(2) A conservator for the person or the person and estate is
25appointed pursuant to Chapter 3 (commencing with Section 5350)
26of Part 1 of Division 5 of the Welfare and Institutions Code.
27(3) A conservator is appointed for the person pursuant to
28proceedings initiated under Section 5352.5 of the Welfare and
29Institutions Code, the person has been found not competent to
30stand trial, and the person’s trial or judgment has been suspended
31pursuant to Section 1370 of the Penal Code.
32(4) A person hasbegin delete pleadend deletebegin insert
pleadedend insert
not guilty by reason of insanity,
33has been found to be not guilty pursuant to Section 1026 of the
34Penal Code, and is deemed to be gravely disabled at the time of
35judgment as defined in paragraph (2) of subdivision (h) of Section
365008 of the Welfare and Institutions Code.
37(b) If the proceeding under the Welfare and Institutions Code
38is heard by a jury, the jury shall unanimously findbegin insert by clear and
39convincing evidenceend insert that the personbegin delete is not capable of completing begin insert cannot communicate, with or
40an affidavit of voter registrationend delete
P18 1without reasonable accommodations, a desire to participate in the
2voting processend insert before the person shall be
disqualified from voting.
3(c) If an order establishing a conservatorship is made and in
4connection with the order it is foundbegin insert by clear and convincing
5evidenceend insert that the personbegin delete is not capable of completing an affidavit begin insert cannot communicate, with or without
6of voter registration,end delete
7reasonable accommodations, a desire to participate in the voting
8process,end insert the court shall forward the order and determination to the
9begin delete county elections official of the person’s county of residence.end delete
10begin insert Secretary of State
and the county elections official of the person’s
11county of residence in the format prescribed by the Secretary of
12State.end insert
13(d) A person shall not be disqualified from voting pursuant to
14this section on the basis that he or she does, or would need to do,
15any of the following to complete an affidavit of voter registration:
16(1) Signs the affidavit of voter registration with a mark or a
17cross pursuant to subdivision (b) of Section 2150.
18(2) Signs the affidavit of voter registration by means of a
19 signature stamp pursuant to Section 354.5.
20(3) Completes the affidavit of voter registration with the
21assistance of another person pursuant to subdivision (d) of Section
222150.
23(4) Completes the affidavit of voter registration with reasonable
24accommodations.
Section 2209 of the Elections Code is amended to read:
(a) For conservatorships established pursuant to Division
274 (commencing with Section 1400) of the Probate Code, the court
28investigator shall, during the yearly or biennial review of the
29conservatorship as required by Chapter 2 (commencing with
30Section 1850) of Part 3 of Division 4 of the Probate Code, review
31the person’s capability of communicating, with or without
32reasonable accommodations, a desire to participate in the voting
33process.
34(b) If the person had been disqualified from voting by reason
35of being incapable of communicating, with or without reasonable
36accommodations, a desire to participate in the voting process, or
37by reason of being incapable of completing an affidavit
of voter
38registration, the court investigator shall determine if the person
39continues to be incapable of communicating, with or without
40reasonable accommodations, a desire to participate in the voting
P19 1process, and the investigator shall so inform the court. If the
2investigator determines that the person continues to be incapable
3of communicating, with or without reasonable accommodations,
4a desire to participate in the voting process, a court hearing on the
5issue is unnecessary. If the investigator finds that the person is not
6incapable of communicating, with or without reasonable
7accommodations, a desire to participate in the voting process, the
8court shall hold a hearing to determine if, by clear and convincing
9evidence, the person cannot communicate, with or without
10reasonable accommodations, a desire to participate in the voting
11process. Unless the person is found incapable of communicating
12
that desire, the person’s right to register to vote shall be restored,
13and the court shall so notify the county elections official.
14(c) If the person has not been found incapable of communicating,
15with or without reasonable accommodations, a desire to participate
16in the voting process, and the court investigator determines that
17the person is no longer capable of communicating that desire, the
18investigator shall so notify the court. The court shall hold a hearing
19to determine if, by clear and convincing evidence, the person
20cannot communicate, with or without reasonable accommodations,
21a desire to participate in the voting process. If the court determines
22that the person cannot communicate that desire, the court shall
23order the person to be disqualified from voting pursuant to Section
242208, and the court shall so notify the county
elections official.
begin insertSection 2209 of the end insertbegin insertElections Codeend insertbegin insert is amended to
26read:end insert
(a) For conservatorships established pursuant to Division
284 (commencing with Section 1400) of the Probate Code, the court
29investigator shall, during the yearly or biennial review of the
30conservatorship as required by Chapter 2 (commencing with
31Section 1850) of Part 3 of Division 4 of the Probate Code, review
32the person’s capability ofbegin delete completing an affidavit of voter begin insert communicating, with
33registration in accordance with Section 2150.end delete
34or without reasonable accommodations, a desire to participate in
35the voting process.end insert
36(b) (1) If the person had been disqualified from voting by reason
37of being incapable of completing an affidavit of voter registration,
38the court investigator shall determine whether the person has
39become capable of completing the affidavit in accordance
with
P20 1Section 2150 and subdivision (d) of Section 2208, and the
2investigator shall so inform the court.
3(2)
end delete
4begin insert(b)end insert If thebegin delete investigatorend deletebegin insert person has been disqualified from voting
5by reason of being incapable of communicating, with or without
6reasonable accommodations, a desire to participate in the voting
7process, or by reason of being incapable of completing an affidavit
8of voter registration, the court investigator shall determine if the
9person continues to be incapable of communicating, with
or without
10reasonable accommodations, a desire to participate in the voting
11process, and the investigator shall so inform the court. If the
12investigator determines that the person continues to be incapable
13of communicating, with or without reasonable accommodations,
14a desire to participate in the voting process, a court hearing on
15the issue is unnecessary. If the investigatorend insert finds that the person
16isbegin delete capable of completing the affidavit in accordance with Section begin insert not incapable of
172150 and subdivision (d) of Section 2208, theend delete
18communicating, with or without reasonable accommodations, a
19desire to participate in the voting process, theend insert court shall hold a
20hearing to determinebegin delete whether the person is in fact capable of begin insert
if, by clear and convincing evidence,
21completing the affidavit. Ifend delete
22the person cannot communicate, with or without reasonable
23accommodations, a desire to participate in the voting process.
24Unlessend insert the person is foundbegin delete to be capable of completing the begin insert incapable of communicating that desire,end insert the person’s
25affidavit,end delete
26right to register to vote shall be restored, and the court shall so
27notify thebegin delete county elections official.end deletebegin insert Secretary of State and the
28county elections official in the format prescribed by the Secretary
29of State.end insert
30(c) If the personbegin delete hadend deletebegin insert
hasend insert not been foundbegin delete to be incapable of begin insert incapable of
31completing an affidavit of voter registration,end delete
32communicating, with or without reasonable accommodations, a
33desire to participate in the voting process,end insert and the court
34investigator determines that the person is no longer capable of
35begin delete completing the affidavit in accordance with Section 2150 and begin insert communicating that desire,end insert the
36subdivision (d) of Section 2208,end delete
37investigator shall so notify the court. The court shall hold a hearing
38to determinebegin delete whether the person is capable of completing an begin insert
if, by clear and convincing
39affidavit of voter registration in accordance with Section 2150 and
40subdivision (d) of Section 2208.end delete
P21 1evidence, the person cannot communicate, with or without
2reasonable accommodations, a desire to participate in the voting
3process.end insert If the court determines that the personbegin delete is not so able,end delete
4begin insert cannot communicate that desire,end insert the court shall order the person
5to be disqualified from voting pursuant to Section 2208, and the
6court shall so notify thebegin delete county elections official.end deletebegin insert Secretary of State
7and the county elections official in the format prescribed by the
8Secretary of State.end insert
Section 1823 of the Probate Code is amended to read:
(a) If the petition is filed by a person other than the
11proposed conservatee, the clerk shall issue a citation directed to
12the proposed conservatee setting forth the time and place of
13hearing.
14(b) The citation shall state the legal standards by which the need
15for a conservatorship is adjudged as stated in Section 1801 and
16shall state the substance of all of the following:
17(1) The proposed conservatee may be adjudged unable to
18provide for personal needs or to manage financial resources and,
19by reason thereof, a conservator may be appointed for the person
20or estate, or both.
21(2) Such adjudication may affect or transfer to the conservator
22the proposed conservatee’s right to contract, in whole or in part,
23to manage and control property, to give informed consent for
24medical treatment, and to fix a residence.
25(3) (A) The proposed conservatee may be disqualified from
26voting pursuant to Section 2208 of the Elections Code if he or she
27is incapable of communicating, with or without reasonable
28accommodations, a desire to participate in the voting process.
29(B) The proposed conservatee shall not be disqualified from
30voting on the basis that he or she does, or would need to do, any
31
of the following to complete an affidavit of voter registration:
32(i) Signs the affidavit of voter registration with a mark or a cross
33pursuant to subdivision (b) of Section 2150 of the Elections Code.
34(ii) Signs the affidavit of voter registration by means of a
35signature stamp pursuant to Section 354.5 of the Elections Code.
36(iii) Completes the affidavit of voter registration with the
37assistance of another person pursuant to subdivision (d) of Section
382150 of the Elections Code.
39(iv) Completes the affidavit of voter registration with reasonable
40accommodations.
P22 1(4) The court or a court
investigator will explain the nature,
2purpose, and effect of the proceeding to the proposed conservatee
3and will answer questions concerning the explanation.
4(5) The proposed conservatee has the right to appear at the
5hearing and to oppose the petition, and in the case of an alleged
6developmentally disabled adult, to oppose the petition in part, by
7objecting to any or all of the requested duties or powers of the
8limited conservator.
9(6) The proposed conservatee has the right to choose and be
10represented by legal counsel and has the right to have legal counsel
11appointed by the court if unable to retain legal counsel.
12(7) The proposed conservatee has the right to a jury trial if
13desired.
Section 1826 of the Probate Code is amended to read:
(a) Regardless of whether the proposed conservatee
16attends the hearing, the court investigator shall do all of the
17following:
18(1) Conduct the following interviews:
19(A) The proposed conservatee personally.
20(B) All petitioners and all proposed conservators who are not
21petitioners.
22(C) The proposed conservatee’s spouse or registered domestic
23partner and relatives within the first degree. If the proposed
24conservatee does not have a spouse, registered domestic partner,
25or relatives within the first
degree, to the greatest extent possible,
26the proposed conservatee’s relatives within the second degree.
27(D) To the greatest extent practical and taking into account the
28proposed conservatee’s wishes, the proposed conservatee’s relatives
29within the second degree not required to be interviewed under
30
subparagraph (C), neighbors, and, if known, close friends.
31(2) Inform the proposed conservatee of the contents of the
32citation, of the nature, purpose, and effect of the proceeding, and
33of the right of the proposed conservatee to oppose the proceeding,
34to attend the hearing, to have the matter of the establishment of
35the conservatorship tried by jury, to be represented by legal counsel
36if the proposed conservatee so chooses, and to have legal counsel
37appointed by the court if unable to retain legal counsel.
38(3) Determine if it appears that the proposed conservatee is
39unable to attend the hearing and, if able to attend, whether the
40proposed conservatee is willing to attend the hearing.
P23 1(4) Review the allegations
of the petition as to why the
2appointment of the conservator is required and, in making his or
3her determination, do the following:
4(A) Refer to the supplemental information form submitted by
5the petitioner and consider the facts set forth in the form that
6address each of the categories specified in paragraphs (1) to (5),
7inclusive, of subdivision (a) of Section 1821.
8(B) Consider, to the extent practicable, whether he or she
9believes the proposed conservatee suffers from any of the mental
10function deficits listed in subdivision (a) of Section 811 that
11significantly impairs the proposed conservatee’s ability to
12understand and appreciate the consequences of his or her actions
13in connection with any of the functions described in subdivision
14(a) or (b) of Section 1801 and identify
the observations that support
15that belief.
16(5) Determine if the proposed conservatee wishes to contest the
17establishment of the conservatorship.
18(6) Determine if the proposed conservatee objects to the
19proposed conservator or prefers another person to act as
20conservator.
21(7) Determine if the proposed conservatee wishes to be
22represented by legal counsel and, if so, whether the proposed
23conservatee has retained legal counsel and, if not, the name of an
24attorney the proposed conservatee wishes to retain.
25(8) (A) Determine if the proposed conservatee is incapable of
26communicating, with or without reasonable accommodations, a
27desire
to participate in the voting process, and may be disqualified
28from voting pursuant to Section 2208 of the Elections Code.
29(B) The proposed conservatee shall not be disqualified from
30voting on the basis that he or she does, or would need to do, any
31of the following to complete an affidavit of voter registration:
32(i) Signs the affidavit of voter registration with a mark or a cross
33pursuant to subdivision (b) of Section 2150 of the Elections Code.
34(ii) Signs the affidavit of voter registration by means of a
35signature stamp pursuant to Section 354.5 of the Elections Code.
36(iii) Completes the affidavit of voter registration with the
37assistance of another person pursuant to
subdivision (d) of Section
382150 of the Elections Code.
39(iv) Completes the affidavit of voter registration with reasonable
40accommodations.
P24 1(9) If the proposed conservatee has not retained legal counsel,
2determine if the proposed conservatee desires the court to appoint
3legal counsel.
4(10) Determine if the appointment of legal counsel would be
5helpful to the resolution of the matter or is necessary to protect the
6interests of the proposed conservatee in a case where the proposed
7conservatee does not plan to retain legal counsel and has not
8requested the appointment of legal counsel by the court.
9(11) Report to the court in writing, at least five days before
the
10hearing, concerning all of the foregoing, including the proposed
11conservatee’s express communications concerning both of the
12following:
13(A) Representation by legal counsel.
14 (B) If the proposed conservatee is not willing to attend the
15hearing, does not wish to contest the establishment of the
16conservatorship, and does not object to the proposed conservator
17or prefers that another person act as conservator.
18(12) Mail, at least five days before the hearing, a copy of the
19report referred to in paragraph (11) to all of the following:
20(A) The attorney, if any, for the petitioner.
21(B) The attorney, if any, for the proposed conservatee.
22(C) The proposed conservatee.
23(D) The spouse, registered domestic partner, and relatives within
24the first degree of the proposed conservatee who are required to
25be named in the petition for appointment of the conservator, unless
26the court determines that the mailing will harm the conservatee.
27(E) Any other persons as the court orders.
28(b) The court investigator has discretion to release the report
29required by this section to the public conservator, interested public
30agencies, and the long-term care ombudsman.
31(c) The report required by this section is confidential
and shall
32be made available only to parties, persons described in paragraph
33(12) of subdivision (a), persons given notice of the petition who
34have requested this report or who have appeared in the proceedings,
35their attorneys, and the court. The court has discretion at any other
36time to release the report, if it would serve the interests of the
37conservatee. The clerk of the court shall provide for the limitation
38of the report exclusively to persons entitled to its receipt.
39(d) This section does not apply to a proposed conservatee who
40has personally executed the petition for conservatorship, or a
P25 1proposed conservatee who has nominated his or her own
2conservator, if he or she attends the hearing.
3(e) If the court investigator has performed an investigation
4within the
preceding six months and furnished a report thereon to
5the court, the court may order, upon good cause shown, that another
6investigation is not necessary or that a more limited investigation
7may be performed.
8(f) An investigation by the court investigator related to a
9temporary conservatorship also may be a part of the investigation
10for the general petition for conservatorship, but the court
11investigator shall make a second visit to the proposed conservatee
12and the report required by this section shall include the effect of
13the temporary conservatorship on the proposed conservatee.
14(g) The Judicial Council shall, on or before January 1, 2009,
15adopt rules of court and Judicial Council forms as necessary to
16implement an expedited procedure to authorize, by court order, a
17proposed
conservatee’s health care provider to disclose confidential
18medical information about the proposed conservatee to a court
19investigator pursuant to federal medical information privacy
20regulations promulgated under the federal Health Insurance
21Portability and Accountability Act of 1996 (Public Law 104-191).
22(h) A superior court shall not be required to perform any duties
23imposed pursuant to the amendments to this section enacted by
24Chapter 493 of the Statutes of 2006 until the Legislature makes
25an appropriation identified for this purpose.
Section 1828 of the Probate Code is amended to read:
(a) Except as provided in subdivision (c), before the
28establishment of a conservatorship of the person or estate, or both,
29the court shall inform the proposed conservatee of all of the
30following:
31(1) The nature and purpose of the proceeding.
32(2) The establishment of a conservatorship is a legal adjudication
33of the conservatee’s inability to properly provide for the
34conservatee’s personal needs or to manage the conservatee’s own
35financial resources, or both, depending on the allegations made
36and the determinations requested in the petition, and the effect of
37such an adjudication on the conservatee’s basic rights.
38(3) (A) The proposed conservatee may be disqualified from
39voting pursuant to Section 2208 of the Elections Code if he or she
P26 1is incapable of communicating, with or without reasonable
2accommodations, a desire to participate in the voting process.
3(B) The proposed conservatee shall not be disqualified from
4voting on the basis that he or she does, or would need to do, any
5of the following to complete an affidavit of voter registration:
6(i) Signs the affidavit of voter registration with a mark or a cross
7pursuant to subdivision (b) of Section 2150 of the Elections Code.
8(ii) Signs the affidavit of voter registration by means of a
9signature stamp
pursuant to Section 354.5 of the Elections Code.
10(iii) Completes the affidavit of voter registration with the
11assistance of another person pursuant to subdivision (d) of Section
122150 of the Elections Code.
13(iv) Completes the affidavit of voter registration with reasonable
14accommodations.
15(4) The identity of the proposed conservator.
16(5) The nature and effect on the conservatee’s basic rights of
17any order requested under Chapter 4 (commencing with Section
181870), and in the case of an allegedly developmentally disabled
19adult, the specific effects of each limitation requested in such order.
20(6) The proposed
conservatee has the right to oppose the
21proceeding, to have the matter of the establishment of the
22conservatorship tried by jury, to be represented by legal counsel
23if the proposed conservatee so chooses, and to have legal counsel
24
appointed by the court if unable to retain legal counsel.
25(b) After the court so informs the proposed conservatee and
26
before the establishment of the conservatorship, the court shall
27consult the proposed conservatee to determine the proposed
28conservatee’s opinion concerning all of the following:
29(1) The establishment of the conservatorship.
30(2) The appointment of the proposed conservator.
31(3) Any order requested under Chapter 4 (commencing with
32Section 1870), and in the case of an allegedly developmentally
33disabled adult, of each limitation requested in such order.
34(c) This section does not apply where both of the following
35conditions are satisfied:
36(1) The proposed conservatee is absent from the hearing and
is
37not required to attend the hearing under subdivision (a) of Section
381825.
39(2) Any showing required by Section 1825 has been made.
Section 1851 of the Probate Code is amended to read:
(a) (1) If court review is required pursuant to Section
21850, the court investigator shall, without prior notice to the
3conservator except as ordered by the court for necessity or to
4prevent harm to the conservatee, visit the conservatee. The court
5investigator shall inform the conservatee personally that the
6conservatee is under a conservatorship and shall give the name of
7the conservator to the conservatee. The court investigator shall
8determine all of the following:
9(A) If the conservatee wishes to petition the court for termination
10of the conservatorship.
11(B) If the conservatee is still in need of the conservatorship.
12(C) If the present conservator is acting in the best interests of
13the conservatee. In determining if the conservator is acting in the
14best interests of the conservatee, the court investigator’s evaluation
15shall include an examination of the conservatee’s placement, the
16quality of care, including physical and mental treatment, and the
17conservatee’s finances. To the extent practicable, the investigator
18shall review the accounting with a conservatee who has sufficient
19capacity. To the greatest extent possible, the court investigator
20shall interview individuals set forth in paragraph (1) of subdivision
21(a) of Section 1826, in order to determine if the conservator is
22acting in the best interests of the conservatee.
23(D) (i) If the conservatee is
incapable of communicating, with
24or without reasonable accommodations, a desire to participate in
25the voting process and may be disqualified from voting pursuant
26to Section 2208 or 2209 of the Elections Code.
27(ii) The conservatee shall not be disqualified from voting on
28the basis that he or she does, or would need to do, any of the
29following to complete an affidavit of voter registration:
30(I) Signs the affidavit of voter registration with a mark or a cross
31pursuant to subdivision (b) of Section 2150 of the Elections Code.
32(II) Signs the affidavit of voter registration by means of a
33signature stamp pursuant to Section 354.5 of the Elections Code.
34(III) Completes the
affidavit of voter registration with the
35
assistance of another person pursuant to subdivision (d) of Section
362150 of the Elections Code.
37(IV) Completes the affidavit of voter registration with reasonable
38accommodations.
39(2) If the court has made an order under Chapter 4 (commencing
40with Section 1870), the court investigator shall determine if the
P28 1present condition of the conservatee is such that the terms of the
2order should be modified or the order revoked.
3(3) Upon request of the court investigator, the conservator shall
4make available to the court investigator during the investigation
5for inspection and copying all books and records, including receipts
6and any expenditures, of the conservatorship.
7(b) (1) The findings of the court investigator, including the
8facts upon which the findings are based, shall be certified in writing
9to the court not less than 15 days before the date of review. A copy
10of the report shall be mailed to the conservator and to the attorneys
11of record for the conservator and conservatee at the same time it
12is certified to the court. A copy of the report, modified as set forth
13in paragraph (2), also shall be mailed to the conservatee’s spouse
14or registered domestic partner, the conservatee’s relatives in the
15first degree, and if there are no such relatives, to the next closest
16relative, unless the court determines that the mailing will harm the
17conservatee.
18(2) Confidential medical information and confidential
19information from the California Law Enforcement
20Telecommunications System
shall be in a separate attachment to
21the report and shall not be provided in copies sent to the
22conservatee’s spouse or registered domestic partner, the
23conservatee’s relatives in the first degree, and if there are no such
24relatives, to the next closest relative.
25(c) In the case of a limited conservatee, the court investigator
26shall recommend continuing or terminating the limited
27conservatorship.
28(d) The court investigator may personally visit the conservator
29and other persons as may be necessary to determine if the present
30conservator is acting in the best interests of the conservatee.
31(e) The report required by this section shall be confidential and
32shall be made available only to parties, persons described in
33subdivision
(b), persons given notice of the petition who have
34requested the report or who have appeared in the proceeding, their
35attorneys, and the court. The court shall have discretion at any
36other time to release the report if it would serve the interests of
37the conservatee. The clerk of the court shall limit disclosure of the
38report exclusively to persons entitled to the report under this
39section.
P29 1(f) A superior court shall not be required to perform any duties
2imposed pursuant to the amendments to this section enacted by
3Chapter 493 of the Statutes of 2006 until the Legislature makes
4an appropriation identified for this purpose.
Section 1910 of the Probate Code is amended to read:
(a) If the court determines the conservatee is incapable
7of communicating, with or without reasonable accommodations,
8a desire to participate in the voting process, the court shall by order
9disqualify the conservatee from voting pursuant to Section 2208
10or 2209 of the Elections Code.
11(b) The conservatee shall not be disqualified from voting on the
12basis that he or she does, or would need to do, any of the following
13to complete an affidavit of voter registration:
14(1) Signs the affidavit of voter registration with a mark or a
15cross pursuant to subdivision (b) of Section 2150 of the Elections
16Code.
17(2) Signs the affidavit of voter registration by means of a
18signature stamp pursuant to Section 354.5 of the Elections Code.
19(3) Completes the affidavit of voter registration with the
20assistance of another person pursuant to subdivision (d) of Section
212150 of the Elections Code.
22(4) Completes the affidavit of voter registration with reasonable
23accommodations.
(a) Section 3.5 of this bill incorporates amendments
25to Section 2102 of the Elections Code, as amended by Section 6.5
26of Chapter 909 of the Statutes of 2014, proposed by both this bill
27and Assembly Bill 1461. It shall only become operative if (1) both
28bills are enacted and become effective on or before January 1,
292016, (2) each bill amends Section 2102 of the Elections Code, as
30amended by Section 6.5 of Chapter 909 of the Statutes of 2014,
31and (3) this bill is enacted after Assembly Bill 1461, in which case
32Section 3 of this bill shall not become operative.
33(b) Section 4.5 of this bill incorporates amendments to Section
342150 of the Elections Code, as amended by Section 8 of Chapter
351 of the Statutes of 2009, proposed by both this bill and Assembly
36Bill 1020. It shall only become operative if (1) both bills are
37enacted and become effective on or before January 1, 2016, (2)
38each bill amends Section 2150 of the Elections Code, as amended
39by Section 8 of Chapter 1 of the Statutes of 2009, and (3) this bill
P30 1is enacted after Assembly Bill 1020, in which case Section 4 of
2this bill shall not become operative.
3(c) Section 5.5 of this bill incorporates amendments to Section
42150 of the Elections Code, as amended by Section 3 of Chapter
5619 of the Statutes of 2014, proposed by both this bill and
Assembly
6Bill 1020. It shall only become operative if (1) both bills are
7enacted and become effective on or before January 1, 2016, (2)
8each bill amends Section 2150 of the Elections Code, as amended
9by Section 3 of Chapter 619 of the Statutes of 2014, and (3) this
10bill is enacted after Assembly Bill 1020, in which case Section 5
11of this bill shall not become operative.
12(d) Section 6.5 of this bill incorporates amendments to Section
132208 of the Elections Code proposed by both this bill and Assembly
14Bill 1020. It shall only become operative if (1) both bills are
15enacted and become effective on or before January 1, 2016, (2)
16each bill amends Section 2208 of the Elections Code, and (3) this
17bill is enacted after Assembly Bill 1020, in which case Section 6
18of this bill shall not become operative.
19(e) Section 7.5 of this bill incorporates amendments to Section
202209 of the Elections Code proposed by both this bill and Assembly
21Bill 1020. It shall only become operative if (1) both bills are
22enacted and become effective on or before January 1, 2016, (2)
23each bill amends Section 2209 of the Elections Code, and (3) this
24bill is enacted after Assembly Bill 1020, in which case Section 7
25of this bill shall not become operative.
No reimbursement is required by this act pursuant to
28Section 6 of Article XIII B of the California Constitution for certain
29costs that may be incurred by a local agency or school district
30because in that regard this act implements a federal law or
31regulation and results only in costs mandated by the federal
32government, within the meaning of Section 17556 of the
33Government Code.
34However, if the Commission on State Mandates determines that
35this act
contains other costs mandated by the state, reimbursement
36to local agencies and school districts for those costs shall be made
37pursuant to Part 7 (commencing with Section 17500) of Division
384 of Title 2 of the Government Code.
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