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.