BILL NUMBER: AB 2214 CHAPTERED 07/05/00 CHAPTER 89 FILED WITH SECRETARY OF STATE JULY 5, 2000 APPROVED BY GOVERNOR JULY 5, 2000 PASSED THE SENATE JUNE 22, 2000 PASSED THE ASSEMBLY MAY 11, 2000 AMENDED IN ASSEMBLY APRIL 24, 2000 INTRODUCED BY Assembly Member Frusetta FEBRUARY 24, 2000 An act to amend Sections 2150, 2166, and 2166.5 of the Elections Code, and to amend Section 6254.4 of the Government Code, relating to elections. LEGISLATIVE COUNSEL'S DIGEST AB 2214, Frusetta. Voter registration: e-mail address. Existing law requires a voter, in order to register to vote, to complete and sign an affidavit of registration card containing specified information, including the registrant's name and address as well as a residence telephone number, if furnished. The registration card is required to advise the registrant that no person may be denied the right to register to vote because of his or her failure to furnish a telephone number. This bill would require the affidavit of registration card to contain a space for the registrant to furnish his or her e-mail address, if any. The affidavit of registration card would be required to advise the registrant that no person may be denied the right to register to vote because of his or her failure to furnish an e-mail address. Under existing law, a person filing a new affidavit of registration or reregistration with a county elections official may have the information relating to his or her residence address and telephone number appearing on the affidavit, or any list or roster or index prepared therefrom, declared confidential under specified circumstances. This bill would include a person's e-mail address within the information that may remain confidential. This bill would also provide that any voter registration cards and affidavits of registration in existence on the effective date of this act shall be used as authorized by law until that stock is depleted. 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, residence telephone number, if furnished, and e-mail address, if furnished. No person shall be denied the right to register because of his or her failure to furnish a telephone number or e-mail address, 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 the date of signing. If the affiant is unable to write he or she shall sign with a mark or cross. (c) 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 2166 of the Elections Code is amended to read: 2166. (a) Any person filing with the county elections official a new affidavit of registration or reregistration may have the information relating to his or her residence address, telephone number, and e-mail address appearing on the affidavit, or any list or roster or index prepared therefrom, declared confidential upon order of a superior court issued upon a showing of good cause that a life threatening circumstance exists to the voter or a member of the voter' s household, and naming the county elections official as a party. (b) Any person granted confidentiality under subdivision (a) shall: (1) Be considered an absent voter for all subsequent elections or until the county elections official is notified otherwise by the court or in writing by the voter. A voter requesting termination of absent voter status thereby consents to placement of his or her residence address, telephone number, and e-mail address in the roster of voters. (2) In addition to the required residence address, provide a valid mailing address to be used in place of the residence address for election, scholarly, or political research, and government purposes. The elections official, in producing any list, roster, or index may, at his or her choice, use the valid mailing address or the word "confidential" or some similar designation in place of the residence address. (c) No action in negligence may be maintained against any government entity or officer or employee thereof as a result of disclosure of the information which is the subject of this section unless by a showing of gross negligence or willfulness. SEC. 3. Section 2166.5 of the Elections Code is amended to read: 2166.5. (a) Any person filing with the county elections official a new affidavit of registration or reregistration may have the information relating to his or her residence address, telephone number, and e-mail address appearing on the affidavit, or any list or roster or index prepared therefrom, declared confidential upon presentation of certification that the person is a participant in the Address Confidentiality for Victims of Domestic Violence program pursuant to Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code. (b) Any person granted confidentiality under subdivision (a) shall: (1) Be considered an absent voter for all subsequent elections or until the county elections official is notified otherwise by the Secretary of State or in writing by the voter. A voter requesting termination of absent voter status thereby consents to placement of his or her residence address, telephone number, and e-mail address in the roster of voters. (2) In addition to the required residence address, provide a valid mailing address to be used in place of the residence address for election, scholarly, or political research, and government purposes. The elections official, in producing any list, roster, or index may, at his or her choice, use the valid mailing address or the word "confidential" or some similar designation in place of the residence address. (c) No action in negligence may be maintained against any government entity or officer or employee thereof as a result of disclosure of the information that is the subject of this section unless by a showing of gross negligence or willfulness. (d) Subdivisions (a) and (b) shall not apply to any person granted confidentiality upon receipt by the county elections official of a written notice by the address confidentiality program manager of the withdrawal, invalidation, expiration, or termination of the program participant's certification. (e) This section shall remain in effect only until January 1, 2005, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2005, deletes or extends that date. SEC. 4. Section 6254.4 of the Government Code is amended to read: 6254.4. (a) The home address, telephone number, e-mail address, precinct number, or other number specified by the Secretary of State for voter registration purposes, and prior registration information shown on the voter registration card for all registered voters is confidential, and shall not be disclosed to any person, except pursuant to Section 2194 of the Elections Code. (b) For purposes of this section, "home address" means street address only, and does not include an individual's city or post office address. (c) The California driver's license number or California identification card number shown on a voter registration card of a registered voter is confidential and shall not be disclosed to any person. SEC. 5. Notwithstanding Section 1, any voter registration cards and affidavits of registration in existence on the effective date of this act that have been validly produced pursuant to law shall continue to be used as authorized by law until the existing stock has been exhausted.