BILL NUMBER: AB 1094 CHAPTERED 09/29/00 CHAPTER 899 FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2000 APPROVED BY GOVERNOR SEPTEMBER 28, 2000 PASSED THE ASSEMBLY AUGUST 29, 2000 PASSED THE SENATE AUGUST 28, 2000 AMENDED IN SENATE AUGUST 25, 2000 AMENDED IN SENATE AUGUST 8, 2000 AMENDED IN SENATE JULY 15, 1999 AMENDED IN ASSEMBLY APRIL 14, 1999 AMENDED IN ASSEMBLY APRIL 5, 1999 INTRODUCED BY Assembly Member Hertzberg (Coauthors: Assembly Members Alquist, Aroner, Calderon, Cedillo, Firebaugh, Havice, Keeley, Kuehl, Mazzoni, Migden, Romero, Scott, Shelley, Steinberg, Thomson, and Washington) (Coauthors: Senators Bowen, Hayden, Solis, and Vasconcellos) FEBRUARY 25, 1999 An act to amend Sections 2035, 2102, 2107, 2119, 2154, 2155, 2187, 9094, 13303, and 13306 of, and to repeal and add Section 13300 of, the Elections Code, relating to elections. LEGISLATIVE COUNSEL'S DIGEST AB 1094, Hertzberg. Voter registration. Under existing law, a person duly registered as a voter in any precinct in California who moves from the district within 28 days prior to an election shall, for the purpose of that election, be entitled to vote in the precinct from which the person moved until the close of the polls on the date of that election. This bill would change that period to 14 days. Under existing law, a person may not be registered as a voter except by affidavit of registration. Existing law requires that the affidavit be mailed or delivered to the county elections official. Existing law provides that a properly executed registration is deemed effective upon receipt of the affidavit by the county elections official no later than the 29th day prior to an election, unless specified circumstances apply. This bill would provide for a 15-day period instead of a 29-day period relative to receipt of an affidavit of registration and would also make other technical changes to this provision. Under existing law, generally, the county elections official is required to accept affidavits of registration at all times except during the 28 days immediately preceding any election. This bill would provide for a 14-day period instead of a 28-day period. Under existing law, the county elections official or his or her deputy is required accept an affidavit of registration executed as part of a voter registration card in the forthcoming election if the affidavit is executed on or before the 29th day prior to the election, under specified conditions. This bill would provide for a 15-day period instead of a 29-day period. Under existing law, in lieu of executing a new affidavit of registration for a change of address within the county, the county elections official is required to accept a notice or letter of the change of address signed by a voter as he or she is registered for a forthcoming election and is required to change the address on the voter's affidavit of registration if the notification is executed on or before the 29th day prior to the election under specified conditions. This bill would provide for either a 14-day period or a 15-day period, determined by method of delivery, instead of a 29-day period. Under existing laws, if a county elections official receives an affidavit of registration that does not include portions of the information for which space is provided, the county elections official or registrar of voters is required to apply a rebuttable presumption that if no execution date is shown, the affidavit was executed on or before the 29th day prior to the election, provided that (1) the affidavit is received by the county elections official on or before the 29th day prior to the election, (2) the affidavit is received by mail by the county elections official no later than the fourth day after the 29th day prior to the election, or (3) the affidavit is postmarked on or before the 29th day prior to the election and received by mail by the county elections official. This bill would provide for a 15-day period instead of a 29-day period. Under existing law, upon receipt of a properly executed affidavit of registration or address correction notice or letter, as specified, the county elections official is required to send the voter a voter notification by nonforwardable, first-class mail, address correction requested that informs the voter, among other things, that the voter may vote in any election held 29 or more days after the date shown on the reverse side of the notification. This bill would provide for a 15-day period instead of a 29-day period. Existing law requires each county elections official to send to the Secretary of State, in a format described by the Secretary of State, a summary statement of the number of voters in the county with specified information. Existing law requires each county that uses data processing equipment to store the information set forth in the affidavit of registration to send to the Secretary of State one copy of the magnetic tape file with the information requested by the Secretary of State and each county that does not use data processing storage to send to the Secretary of State one copy of the index setting forth that information. Existing law requires the summary statements and the magnetic tape file copy or the index to be sent not less than 10 days prior to the primary election, with respect to voters registered before the 28th day prior to the primary election and not less than 10 days prior to the general election, with respect to voters registered before the 28th day prior to the general election. This bill would provide for seven-day and 14-day time periods instead of 10-day and 29-day periods. Existing law requires the Secretary of State to mail ballot pamphlets to voters, in those instances in which the county clerk uses data processing equipment to store the information set forth in the affidavits of registration, before the election at which measures contained in the ballot pamphlet are to be voted on. This bill would provide that this requirement applies unless a voter has registered fewer than 29 days before the election. Proposition 198, an initiative statute approved by the voters at the March 26, 1996, direct primary election, among other things, required each county elections official to prepare sample ballots for each voter entitled to vote at the primary and to mail these ballots not more than 40 nor less than 10 days before the election. On June 26, 2000, the United States Supreme Court in California Democratic Party v. Jones, ruled the provisions of Proposition 198 unconstitutional. This bill would implement the court's holding by instead requiring the sample ballot of the party to which the voter belongs, as evidenced by his or her registration, to be mailed to each voter entitled to vote at the primary who registered at least 29 days prior to the election, not more than 40 nor less than 10 days before the elections. This bill would also require that a nonpartisan sample ballot be mailed to each voter who is not registered as intending to affiliate with any of the parties participating in the primary elections. The bill would impose a state-mandated local program by imposing new duties on local election officials. Existing law requires the appropriate elections official, for each election, to cause to be printed at least as many copies of the form of ballot provided for use in each voting precinct as there are voters in the precinct, designated as "sample ballot," and mailed, postage prepaid, to each voter not more than 40 nor less than 21 days before the election. This bill would require the sample ballot to be mailed to voters who registered at least 29 days prior to the election and a notice of the polling place with specified information to voters who registered after the 29th day prior to the election and who is eligible to participate in the election. This bill would incorporate additional provisions to Section 13300 of the Elections Code to take effect if this bill and SB 28 are both enacted and become effective on or before January 1, 2001, and this bill is enacted last. 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 this act for a specified reason. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 2035 of the Elections Code is amended to read: 2035. A person duly registered as a voter in any precinct in California who removes therefrom within 14 days prior to an election shall, for the purpose of that election, be entitled to vote in the precinct from which the person so removed until the close of the polls on the date of that election. SEC. 2. Section 2102 of the Elections Code is amended to read: 2102. (a) A person may not be registered as a voter except by affidavit of registration. The affidavit shall be mailed or delivered to the county elections official and shall set forth all of the facts required to be shown by this chapter. A properly executed registration shall be deemed effective upon receipt of the affidavit by the county elections official if received on or before the 15th day prior to an election to be held in the registrant's precinct. A properly executed registration shall also be deemed effective upon receipt of the affidavit by the county elections official if any of the following apply: (1) The affidavit is postmarked on or before the 15th day prior to the election and received by mail by the county elections official. (2) The affidavit is submitted to the Department of Motor Vehicles or accepted by any other public agency designated as a voter registration agency pursuant to the National Voter Registration Act of 1993 (42 U.S.C. Sec. 1973gg) on or before the 15th day prior to the election. (3) The affidavit is delivered to the county elections official by means other than those described in paragraphs (1) or (2) on or before the 15th day prior to the election. (b) For purposes of verifying signatures on a recall, initiative, or referendum petition or signatures on a nomination paper or any other election petition or election paper, a properly executed affidavit of registration shall be deemed effective for verification purposes if both (a) the affidavit is signed on the same date or a date prior to the signing of the petition or paper, and (b) the affidavit is received by the county elections official on or before the date on which the petition or paper is filed. (c) Notwithstanding any other provision of law to the contrary, the affidavit of registration required under this chapter may not be taken under sworn oath, but the content of the affidavit shall be certified as to its truthfulness and correctness, under penalty of perjury, by the signature of the affiant. SEC. 3. Section 2107 of the Elections Code is amended to read: 2107. (a) Except as provided in subdivision (b), the county elections official shall accept affidavits of registration at all times except during the 14 days immediately preceding any election, when registration shall cease for that election as to electors residing in the territory within which the election is to be held. Transfers of registration for an election may be made from one precinct to another precinct in the same county at any time when registration is in progress in the precinct to which the elector seeks to transfer. (b) The county elections official shall accept an affidavit of registration executed as part of a voter registration card in the forthcoming election if the affidavit is executed on or before the 15th day prior to the election, and if any of the following apply: (1) The affidavit is postmarked on or before the 15th day prior to the election and received by mail by the county elections official. (2) The affidavit is submitted to the Department of Motor Vehicles or accepted by any other public agency designated as a voter registration agency pursuant to the National Voter Registration Act of 1993 (42 U.S.C. Sec. 1973gg) prior to the election. (3) The affidavit is delivered to the county elections official by means other than those described in paragraphs (2) and (3) on or before the 15th day prior to the election. SEC. 4. Section 2119 of the Elections Code is amended to read: 2119. (a) In lieu of executing a new affidavit of registration for a change of address within the county the county elections official shall accept a notice or letter of the change of address signed by a voter as he or she is registered. (b) The county elections official shall accept a notification for the forthcoming election and shall change the address on the voter's affidavit of registration accordingly if the notification is executed on or before the 15th day prior to the election and if any of the following apply: (1) The notification is postmarked on or before the 15th day prior to the election and received by mail by the county elections official. (2) The notification is submitted to the Department of Motor Vehicles or accepted by any other public agency designated as a voter registration agency pursuant to the National Voter Registration Act of 1993 (42 U.S.C. Sec. 1973gg) prior to the election. (3) The notification is delivered to the county elections official by means other than those described in paragraphs (2) and (3) on or before the 14th day prior to the election. SEC. 5. Section 2154 of the Elections Code is amended to read: 2154. In the event that the county elections official receives an affidavit of registration that does not include portions of the information for which space is provided, the county elections official voters shall apply the following rebuttable presumptions: (a) If no middle name or initial is shown, it shall be presumed that none exists. (b) If no party affiliation is shown, it shall be presumed that the affiant has no party affiliation. (c) If no execution date is shown, it shall be presumed that the affidavit was executed on or before the 15th day prior to the election, provided that (1) the affidavit is received by the county elections official on or before the 15th day prior to the election, or (2) the affidavit is postmarked on or before the 15th day prior to the election and received by mail by the county elections official. (d) If the affiant fails to identify his or her state of birth within the United States, it shall be presumed that the affiant was born in a state or territory of the United States if the birthplace of the affiant is shown as "United States," "U.S.A.," or other recognizable term designating the United States. SEC. 6. Section 2155 of the Elections Code is amended to read: 2155. Upon receipt of a properly executed affidavit of registration or address correction notice or letter pursuant to Section 2119, Article 2 (commencing with Section 2220), or the National Voter Registration Act of 1993 (42 U.S.C. Sec. 1973gg), the county elections official shall send the voter a voter notification by nonforwardable, first-class mail, address correction requested. The voter notification shall be substantially in the following form: VOTER NOTIFICATION You are registered to vote. This card is being sent as a notification of: 1. Your recently completed affidavit of registration, OR, 2. A correction to your registration because of an official notice that you have moved. If your residence address has not changed or if your move is temporary, please call or write the county elections official immediately. _________________________________________________________ You may vote in any election held 15 or more days after the date shown on the reverse side of this card. Your name will appear on the index kept at the polls. __________________________________________________________ (Signature of Voter) SEC. 7. Section 2187 of the Elections Code is amended to read: 2187. (a) Each county elections official shall send to the Secretary of State, in a format described by the Secretary of State, a summary statement of the number of voters in the county. The statement shall show the total number of voters in the county, the number registered as affiliated with each qualified political party, the number registered in nonqualified parties, and the number who declined to state any party affiliation. The statement shall also show the number of voters, by political affiliations, in each city, supervisorial district, Assembly district, Senate district, and congressional district, located in whole or in part within the county. (b) The Secretary of State, on the basis of the statements sent by the county elections officials and within 30 days after receiving those statements, shall compile a statewide list showing the number of voters, by party affiliations, in the state and in each county, city, supervisorial district, Assembly district, Senate district, and congressional district, in the state. A copy of this list shall be made available, upon request, to any elector in this state. (c) Each county that uses data processing equipment to store the information set forth in the affidavit of registration shall send to the Secretary of State one copy of the magnetic tape file with the information requested by the Secretary of State. Each county that does not use data processing storage shall send to the Secretary of State one copy of the index setting forth that information. (d) The summary statements and the magnetic tape file copy or the index shall be sent at the following times: (1) On the 135th day before each presidential primary and before each direct primary, with respect to voters registered on the 154th day before the primary election. (2) Not less than 50 days prior to the primary election, with respect to voters registered on the 60th day before the primary election. (3) Not less than seven days prior to the primary election, with respect to voters registered before the 14th day prior to the primary election. (4) Not less than 50 days prior to the general election, with respect to voters registered on the 60th day before the general election. (5) Not less than seven days prior to the general election, with respect to voters registered before the 14th day prior to the general election. (6) On or before March 1 of each odd-numbered year, with respect to voters registered as of February 10. (7) On or before October 1 of each odd-numbered year, with respect to voters registered as of September 12. (e) The Secretary of State may adopt regulations prescribing the content and format of the magnetic tape file or index referred to in subdivision (c) and containing the registered voter information from the affidavits of registration. (f) The Secretary of State may adopt regulations prescribing additional regular reporting times, except that the total number of reporting times in any one calendar year shall not exceed 12. (g) The Secretary of State shall make the information from the magnetic tape files or the printed indexes available, under conditions prescribed by the Secretary of State, to any candidate for federal, state, or local office, to any committee for or against any proposed ballot measure, to any committee for or against any initiative or referendum measure for which legal publication is made, and to any person for election, scholarly or political research, or governmental purposes as determined by the Secretary of State. SEC. 8. Section 9094 of the Elections Code is amended to read: 9094. (a) The Secretary of State shall mail ballot pamphlets to voters, in those instances in which the county clerk uses data processing equipment to store the information set forth in the affidavits of registration, before the election at which measures contained in the ballot pamphlet are to be voted on unless a voter has registered fewer than 29 days before the election. The mailing shall commence not less than 40 days before the election and shall be completed no later than 21 days before the election for those voters who registered on or before the 60th day before the election. The Secretary of State shall mail one copy of the ballot pamphlet to each registered voter at the postal address stated on the voter's affidavit of registration, or the Secretary of State may mail only one ballot pamphlet to two or more registered voters having the same surname and the same postal address. (b) In those instances in which the county clerk does not utilize data processing equipment to store the information set forth in the affidavits of registration, the Secretary of State shall furnish ballot pamphlets to the county clerk not less than 45 days before the election at which measures contained in the ballot pamphlet are to be voted on and the county clerk shall mail ballot pamphlets to voters, on the same dates and in the same manner provided by subdivision (a). (c) The Secretary of State shall provide for the mailing of ballot pamphlets to voters registering after the 60th day before the election and before the 28th day before the election, by either: (1) mailing in the manner as provided in subdivision (a), or (2) requiring the county clerk to mail ballot pamphlets to those voters registering in the county after the 60th day before the election and before the 28th day before the election pursuant to the provisions of this section. The second mailing of ballot pamphlets shall be completed no later than 10 days before the election. The county clerk shall mail a ballot pamphlet to any person requesting a ballot pamphlet. Three copies, to be supplied by the Secretary of State, shall be kept at every polling place, while an election is in progress, so that they may be freely consulted by the voters. SEC. 9. Section 13300 of the Elections Code, as amended by Chapter 920 of the Statutes of 1994, is repealed. SEC. 10. Section 13300 of the Elections Code, as amended by Proposition 198 at the March 26, 1996, direct primary election, is repealed. SEC. 11. Section 13300 is added to the Elections Code, to read: (a) By at least 29 days before the primary, each county elections official shall prepare separate sample ballots for each political party and a separate sample nonpartisan ballot, placing thereon in each case in the order provided in Chapter 2 (commencing with Section 13100) and under the appropriate title of each office, the names of all candidates for whom nominations papers have been duly filed with him or her or have been certified to him or her by the Secretary of State to be voted for in his or her county at the primary elections. (b) The sample ballot shall be identical to the official ballots, except as otherwise provided by law. The sample ballots shall be printed on paper of a different texture from the paper to be used for the official ballot. (c) One sample ballot of the party to which the voter belongs, as evidenced by his or her registration, shall be mailed to each voter entitled to vote at the primary who registered at least 29 days prior to the election not more than 40 nor less than 10 days before the elections. A nonpartisan sample ballot shall be so mailed to each voter who is not registered as intending to affiliate with any of the parties participating in the primary elections. SEC. 11.5. Section 13300 is added to the Elections Code, to read: (a) By at least 29 days before the primary, each county elections official shall prepare separate sample ballots for each political party and a separate sample nonpartisan ballot, placing thereon in each case in the order provided in Chapter 2 (commencing with Section 13100), and under the appropriate title of each office, the names of all candidates for whom nomination papers have been duly filed with him or her or have been certified to him or her by the Secretary of State to be voted for in his or her county at the primary election. (b) The sample ballot shall be identical to the official ballots, except as otherwise provided by law. The sample ballots shall be printed on paper of a different texture from the paper to be used for the official ballot. (c) One sample ballot of the party to which the voter belongs, as evidenced by his or her registration, shall be mailed to each voter entitled to vote at the primary who registered at least 29 days prior to the election not more than 40 nor less than 10 days before the election. A nonpartisan sample ballot shall be so mailed to each voter who is not registered as intending to affiliate with any of the parties participating in the primary election, provided that on election day any such person may, upon request, vote the ballot of a political party if authorized by the party's rules, duly noticed to the Secretary of State. SEC. 12. Section 13303 of the Elections Code is amended to read: 13303. (a) For each election, each appropriate elections official shall cause to be printed, on plain white paper or tinted paper, without watermark, at least as many copies of the form of ballot provided for use in each voting precinct as there are voters in the precinct. These copies shall be designated "sample ballot" upon their face and shall be identical to the official ballots used in the election, except as otherwise provided by law. A sample ballot shall be mailed, postage prepaid, not more than 40 nor less than 21 days before the election to each voter who is registered at least 29 days prior to the election. (b) The elections official shall send notice of the polling place to each voter with the sample ballot. Only official matter shall be sent out with the sample ballot as provided by law. (c) The elections official shall send notice of the polling place to each voter who registered after the 29th day prior to the election and is eligible to participate in the election. The notice shall also include information as to where the voter can obtain a sample ballot and a ballot pamphlet prior to the election, a statement indicating that those documents will be available at the polling place at the time of the election, and the address of the Secretary of State's website and, if applicable, of the county website where a sample ballot may be viewed. SEC. 13. Section 13306 of the Elections Code is amended to read: 13306. Notwithstanding Sections 13300, 13301, 13303, and 13307, sample ballots and candidates' statements need not be mailed to voters who registered after the 54th day before an election, but all of these voters shall receive polling place notices and state ballot pamphlets. A state ballot pamphlet is not required to be mailed to a voter who registered after the 29th day prior to an election. Each of these voters shall receive a notice in bold print that states: "Because you are a late registrant, you are not receiving a sample ballot or candidates' statements." SEC. 14. Section 11.5 of this bill incorporates provisions in Section 13300 of the Elections Code, as proposed to be added by both this bill and Senate Bill 28. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2001, (2) each bill adds Section 13300 to the Elections Code, and (3) this bill is enacted after SB 28, in which case Section 11 of this bill shall not become operative. SEC. 15. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because this act affirms for the state that which has been declared existing law by action of the courts, within the meaning of Section 17556 of the Government Code.