BILL NUMBER: AB 1701 CHAPTERED BILL TEXT CHAPTER 913 FILED WITH SECRETARY OF STATE AUGUST 4, 1995 PASSED THE ASSEMBLY SEPTEMBER 11, 1995 PASSED THE SENATE SEPTEMBER 1, 1995 AMENDED IN SENATE AUGUST 30, 1995 AMENDED IN SENATE JULY 27, 1995 AMENDED IN SENATE JUNE 14, 1995 AMENDED IN SENATE MAY 24, 1995 INTRODUCED BY Assembly Member McPherson FEBRUARY 24, 1995 An act to amend Sections 2150 and 2162 of, and to add Section 2168 to, the Elections Code, relating to voter registration, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately. (Approved by Governor October 14, 1995. Filed with Secretary of State October 16, 1995.) On this date I have signed Assembly Bill No. 1701. This bill would require the Secretary of State's Office to revise the affidavit of voter registration, eliminating the occupation of the elector and replacing it with a request for a California driver's license or identification number or other identifying number specified by the Secretary of State. This bill also requires the Secretary of State to establish a statewide voter registration system, including a candidate database, and appropriates $5 million, as a loan, for that purpose. I am reducing the appropriation for the loan from $5 million to $3.5 million, based on the Secretary of State's revised estimates for developing and implementing the statewide voter registration system. The Director of Finance is reflecting the loan appropriation as a reduction of the current year's reserve and will also determine terms and conditions for the loan which the Director deems appropriate. With this reduction I hereby approve Assembly Bill 1701. PETE WILSON, Governor LEGISLATIVE COUNSEL'S DIGEST AB 1701, McPherson. Voter registration: affidavits of registration. (1) Existing law requires that a voter's affidavit of registration show specified items of information, including the affiant's occupation. This bill would instead require that the affidavit of registration include the affiant's California driver's license number, California identification card number, or other identification number as specified by the Secretary of State. The bill would specify that no person shall be denied the right to register because of his or her failure to furnish one of these numbers, and shall be so advised on the voter registration card. (2) Existing federal law, known as the National Voter Registration Act of 1993 (42 U.S.C. Sec. 1973gg), requires the Federal Elections Commission, in consultation with the chief elections officers of the states, to develop a mail voter registration application form for elections for federal office, and requires the states to accept and use this mail voter registration application form, or develop a form containing specified items of information, or both. Existing law provides that no affidavits of registration other than those provided by the Secretary of State to the county elections officials shall be used for the registration of voters. This bill would, alternatively, authorize the use of the national voter registration forms authorized pursuant to the National Voter Registration Act for the registration of voters. (3) Existing law specifies various duties of the Secretary of State with regard to the electoral process. This bill would require the Secretary of State to establish a statewide system to facilitate removal of duplicate or prior registrations, to facilitate the reporting of election results and voter and candidate information, and to otherwise administer and enhance election administration. The bill would require that the statewide system established pursuant to the bill shall not replace county voter registration systems or processes. (4) The bill would appropriate, without regard to fiscal years, $5,000,000 from the General Fund as a loan to the Secretary of State for the purposes of implementing and administering the statewide system established by the bill, to be repaid not later than June 30, 1999, as specified. It would make any expenditure of these funds contingent upon successful completion by the Secretary of State of all necessary state procurement requirements, as specified, and approval of a feasibility study report by the Office of Technology and the Department of Finance. (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. This bill would provide that no reimbursement is required by the provision summarized in (2) above for a specified reason. (6) This bill would become operative only if SB 581 of the 1995-96 Regular Session is chaptered. (7) This bill would declare that it is to take effect immediately as an urgency statute. Appropriation: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 2150 of the Elections Code is amended to read: 2150. (a) The affidavit of registration shall show: (1) The facts necessary to establish the affiant as an elector. (2) The affiant's name at length, including his or her given name, and a middle name or initial, or if the initial of the given name is customarily used, then the initial and middle name. The affiant's given name may be preceded, at affiant's option, by the designation of Miss, Ms., Mrs., or Mr. No person shall be denied the right to register because of his or her failure to mark a prefix to the given name and shall be so advised on the voter registration card. This subdivision shall not be construed as requiring the printing of prefixes on an affidavit of registration. (3) The affiant's place of residence, and residence telephone number, if furnished. No person shall be denied the right to register because of his or her failure to furnish a telephone number, and shall be so advised on the voter registration card. (4) The affiant's mailing address, if different from the place of residence. (5) The affiant's date of birth to establish that he or she will be at least 18 years of age on or before the date of the next election. (6) The state or country of the affiant's birth. (7) The affiant's California driver's license number, California identification card number, or other identification number as specified by the Secretary of State. No person shall be denied the right to register because of his or her failure to furnish one of these numbers, and shall be so advised on the voter registration card. (8) The affiant's political party affiliation. (9) That the affiant is currently not imprisoned or on parole for the conviction of a felony. (10) A prior registration portion indicating whether the affiant has been registered at another address, under another name, or as intending to affiliate with another party. If the affiant has been so registered, he or she shall give an additional statement giving that address, name, or party. (b) The affiant shall certify the content of the affidavit as to its truth and correctness, under penalty of perjury, with the signature of his or her name and if the affiant is unable to write he or she shall sign with a mark or cross. (c) The affiant shall date the affidavit immediately following the affiant's signature. If any person, including a deputy registrar, assists the affiant in completing the affidavit, that person shall sign and date the affidavit below the signature of the affiant. SEC. 2. Section 2162 of the Elections Code is amended to read: 2162. (a) No affidavits of registration other than those provided by the Secretary of State to the county elections officials or the national voter registration forms authorized pursuant to the National Voter Registration Act (42 U.S.C. Sec. 1973gg) shall be used for the registration of voters. (b) No voter registration card shall be altered, defaced, or changed in any way, other than by the insertion of a mailing address and the affixing of postage, if mailed, or as otherwise specifically authorized by the Secretary of State, prior to distribution of the cards. (c) The affidavit portion of a voter registration card shall not be marked, stamped, or partially or fully completed by any person other than an elector attempting to register to vote or by a person assisting the elector in completing the affidavit at the request of the elector. SEC. 3. Section 2168 is added to the Elections Code, to read: 2168. (a) The Secretary of State shall establish a statewide system to facilitate removal of duplicate or prior registrations, to facilitate the reporting of election results and voter and candidate information, and to otherwise administer and enhance election administration. (b) The statewide system established pursuant to this section shall not replace county voter registration systems or processes. SEC. 4. The sum of five million dollars ($5,000,000) is hereby appropriated, without regard to fiscal years, from the General Fund to the Secretary of State as a loan, and shall be repaid with interest at the Pooled Money Investment Account rate not later than June 30, 1999, upon such terms and conditions deemed appropriate by the Director of Finance, including those specified in Section 5 of this act, for the purposes of implementing and administering Section 2168 of the Elections Code. Any expenditure of these funds shall be contingent upon successful completion by the Secretary of State of all necessary state procurement requirements, including the alternative procurement process, and approval of a feasibility study report by the Office of Technology and the Department of Finance. SEC. 5. (a) Repayment of the loan shall be from savings accrued from the following: reduced state costs associated with printing and mailing ballot pamphlets, attributable to removal of duplicate voter registrations; the avoidance of future costs from duplicate voter registrations; and the sale of statewide voter registration file data by the Secretary of State. (b) Savings shall be based upon the actual reduction in the number of duplicate voter registrations from the official roster of voters prepared by each county elections official, and shall be exclusive of those duplicate or erroneous voter registrations eliminated, or required to be eliminated, pursuant to Sections 2118, 2193, and 2201 of the Elections Code, or any other provision of law. (c) The Secretary of State shall submit a report semi-annually by January 1 and July 1 to the Joint Legislative Budget Committee, the Department of Finance, and the Legislative Analyst's Office on the status of the loan repayment and the number of duplicate voter registrations removed as specified in subdivision (b). SEC. 6. No reimbursement is required by Section 2 of this act pursuant to Section 6 of Article XIIIB of the California Constitution because Section 2 of this act implements a federal law or regulation and results only in costs mandated by the federal government, within the meaning of Section 17556 of the Government Code. Notwithstanding Section 17580 of the Government Code, unless otherwise specified, the provisions of Section 2 of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution. SEC. 7. This act shall become operative only if Senate Bill 581 of the 1995-96 Regular Session is chaptered. SEC. 8. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to implement the changes proposed by this act in time for the presidential primary election of March 26, 1996, it is necessary that this act take effect immediately.