BILL NUMBER: SB 370 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Runner
FEBRUARY 25, 2009
An act to amend Sections 2101, 3011, 3020, 3311, and 4103 of, and
to add Section 14216.5 to, the Elections Code, and to add Section
14902.5 to the Vehicle Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
SB 370, as introduced, Runner. Elections: voting.
(1) Existing law specifies the qualifications for registration as
a voter and excludes from eligibility a person in prison or on parole
for the conviction of a felony. Under existing law, a person who
willfully allows himself or herself, or another person, to register
as a voter knowing that the registration qualifications are not met,
is guilty of a crime.
This bill would additionally make a person on probation for the
conviction of a felony not eligible to register to vote, and would
provide that a prohibition against voting is a condition of
imprisonment, parole, or probation for conviction of a felony.
(2) Existing law requires that the identification envelope for
returning a vote by mail ballot contain specified information.
This bill would additionally require that the identification
envelope include a verification panel, concealed during mailing,
setting forth the last 4 digits of the voter's California driver's
license or identification card number or, if unavailable, the last 4
digits of the voter's social security number. The bill would require
the elections official to verify the accuracy of that information
before counting the vote.
(3) Existing law requires vote by mail ballots to be received by
elections officials by the close of the polls on election day.
This bill would require that a vote by mail ballot of a member of
the Armed Forces of the United States who is stationed outside of the
United States be cast by election day and received by elections
officials no later than 25 days after election day.
(4) Existing law requires that a person desiring to vote announce
his or her name and address to a precinct worker at the polling
place.
This bill would also require a person who desires to vote to show
specified proof of identification. The bill would authorize a person
who does not have proof of identification to vote a provisional
ballot after completing an affidavit under penalty of perjury that he
or she is a registered voter. The bill would require the Department
of Motor Vehicles to waive the fee for an identification card
requested for satisfying the voter identification requirement.
(5) By imposing additional duties on elections officials and
creating new crimes, the bill would impose a state-mandated local
program.
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:
SECTION 1. Section 2101 of the Elections Code is amended to read:
2101. (a) A person entitled to register to
vote shall be a United States citizen, a resident of California, not
in prison or on parole or probation for the conviction of
a felony, and at least 18 years of age at the time of the next
election.
(b) A prohibition against voting while imprisoned for, or on
parole or probation for, the conviction of a felony shall be a
condition of that imprisonment, parole, or probation.
SEC. 2. Section 3011 of the Elections Code is amended to read:
3011. (a) The identification envelope shall contain all of the
following information :
(1) A declaration, under penalty of perjury, stating that the
voter resides within the precinct in which he or she is voting and is
the person whose name appears on the envelope.
(2) The signature of the voter.
(3) The residence address of the voter as shown on the affidavit
of registration.
(4) The date of signing.
(5) A notice that the envelope contains an official ballot and is
to be opened only by the canvassing board.
(6) A warning plainly stamped or printed on it that voting twice
constitutes a crime.
(7) A warning plainly stamped or printed on it that the voter must
sign the envelope verification panel,
described in paragraph (12), in his or her own handwriting in
order for the ballot to be counted.
(8) A statement that the voter has neither applied, nor intends to
apply, for a vote by mail voter's ballot from any other jurisdiction
for the same election.
(9) The name of the person authorized by the voter to return the
vote by mail ballot pursuant to Section 3017.
(10) The relationship to the voter of the person authorized to
return the vote by mail ballot.
(11) The signature of the person authorized to return the vote by
mail ballot.
(12) A verification panel, concealed during mailing, requiring the
last four digits of the voter's California driver's license number
or California identification card number or, if neither is available,
the last four digits of the voter's social security number.
(b) Except at a primary election for partisan office, and
notwithstanding any other provision of law, the vote by mail voter's
party affiliation may not be stamped or printed on the identification
envelope.
(c) (1) An elections official shall verify that the information
provided pursuant to paragraph (12) of subdivision (a) is from the
California driver's license or California identification card or
social security number issued to the voter submitting the vote by
mail ballot before the vote may be counted.
(2) Paragraph (1) shall not apply to a valid ballot cast pursuant
to the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C.
Sec. 1973ff-1 et seq.).
SEC. 3. Section 3020 of the Elections Code is amended to read:
3020. All (a)
Except as provided in subdivision (b), a vote by mail
ballots ballot cast under this division shall be
received by the elections official from whom they were
the ballot was obtained or by the precinct board
no later than the close of the polls on election day.
(b) A vote by mail ballot of a member of the Armed Forces of the
United States or an auxiliary branch thereof who is stationed outside
of the United States shall be cast by election day and shall be
received by the voter's elections official no later than 25 days
after election day.
SEC. 4. Section 3311 of the Elections Code is amended to read:
3311. All Except for a vote by mail
ballot cast by a member of the Armed Forces as provided for in
subdivision (b) of Section 3020, a vote by mail
ballots ballot cast pursuant to this chapter
shall be received by the county elections official not later than 8
p.m. on the day of a federal election.
SEC. 5. Section 4103 of the Elections Code is amended to read:
4103. Notwithstanding subdivision (a) of Section 3020,
ballots cast under this chapter shall be returned to the elections
official from whom they were obtained no later than 8 p.m. on
election day.
SEC. 6. Section 14216.5 is added to the Elections Code, to read:
14216.5. (a) Prior to receiving a ballot, a voter shall present
to a member of the precinct board proof of identification that
satisfies all of the following requirements:
(1) The document shows the name of the individual to whom the
document was issued, and the name conforms to the name in the
individual's voter registration record.
(2) The document shows a photograph of the individual to whom the
document was issued.
(3) The document includes an expiration date, and the document is
not expired at the time of voting or it expired after the date of the
most recent general election.
(4) The document was issued by the United States or the State of
California.
(b) If a voter is unable to, or refuses to, provide proof of
identification pursuant to subdivision (a), he or she may execute a
declaration, certified as to its truthfulness and correctness under
penalty of perjury, declaring that he or she is registered to vote.
Upon execution of the declaration, the voter shall be issued a
provisional ballot pursuant to Section 14310.
SEC. 7. Section 14902.5 is added to the Vehicle Code, to read:
14902.5. Notwithstanding any other provision of law, the fee for
an original or replacement identification card shall be waived for a
person who requests the identification card for purposes of
satisfying the requirement of Section 14216.5 of the Elections Code.
SEC. 8. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.