BILL NUMBER: SB 1140 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 27, 2010
AMENDED IN SENATE APRIL 5, 2010
INTRODUCED BY Senator Yee
(Principal coauthor: Senator Oropeza)
(Coauthor: Assembly Member Jones)
FEBRUARY 18, 2010
An act to amend Section 2107 of, and to add Article 4.5
(commencing with Section 2170) to Chapter 2 of Division 2 of, the
Elections Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
SB 1140, as amended, Yee. Voter registration: one-stop voting.
Existing law establishes procedures regarding the registration of
voters. Under existing law, a person may not be registered to vote
except by affidavit of registration, and a voter may not vote in an
election unless his or her affidavit of registration is executed and
received by the county elections official on or before the 15th day
prior to the election. Existing law permits any registered voter to
vote by a vote by mail ballot, and further permits any voter using a
vote by mail ballot to vote the ballot at the office of the elections
official beginning 29 days before the election.
This bill would delete the requirement that the affidavit of
registration be received by the county elections official on or
before the 15th day prior to the election and would establish
one-stop voting where whereby a person
would be permitted to register to vote and immediately vote on
election day or at any time prior to election day when ballots may be
cast. The bill would require a voter, in order to register and vote
by means of one-stop voting, to visit a location at which one-stop
voting is available, to present proof of identity and current
residence, as specified, and to complete an affidavit of
registration. Upon completing that registration, the voter would be
immediately eligible to vote by regular ballot. If the voter is
unable to complete that registration because the voter is unable to
present proof of identity or proof of current residence, the voter
would be permitted to register and vote by provisional ballot.
The
The bill would require each county elections official
to compile an index of voters who register to vote by one-stop
voting. After the official canvass of the votes for that election is
completed, the elections official would be required to review the
names on the index and cancel duplicate registrations. The elections
official would be required to send a voter registration form to every
person who properly registered to vote by one-stop voting, and those
persons would be registered for future elections at the address that
the voter declared for purposes of voter registration. The elections
official would be required to notify the district attorney and the
Secretary of State if it appears that a person has engaged in
fraudulent voting. The
The bill would require that one-stop voting be
available at every permanent office of a county elections official
beginning in 2011. Commencing in 2013, 2012
if VoteCal, as defined, is available for use, and,
commencing in 2014, if VoteCal is approved by the Secretary of
State for use at polling places locations
other than the permanent office of the county elections official
, each county would be required to establish at least one
location for every 100,000 electors, or ensure that every voter
residence is within 10 miles of such a site. In
The bill would allow a county that would be required by this
bill to provide one-stop voting at more than 5 sites, and that does
not have the voting system to provide ballots on demand, to use an
alternative plan if approved by the Secretary of State.
In addition, the bill would require that each location
at which one-stop voting is available have a separate area for the
process and have at least one precinct board member who is trained in
one-stop voting. The bill would further require the
Secretary of State and local elections officials to make efforts to
educate voters about one-stop voting. The bill would
authorize the Secretary of State to adopt appropriate regulations to
implement one-stop registration and voting.
By creating new duties for local elections officials, 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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
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. The Legislature finds and declares all of the
following:
(a) It is a fundamental principle of the United States that the
people shall have access to our systems of democracy without barriers
to their participation.
(b) California currently ranks 41st out of 50 states in voter
turnout.
(c) At the November 4, 2008, statewide general election,
California experienced its largest voter turnout, as well as the
greatest number of persons--798,332--who cast provisional ballots
because of uncertainty about their registration status. While 82
percent of those provisional ballots were ultimately counted, the
county investment of staff overtime and resources to process these
ballots was enormous. At the same time, a significant portion of the
provisional ballots that were not counted resulted from the failure
to timely register. One-stop registration and voting would help
alleviate the staff overtime costs associated with processing
numerous provisional ballots for counties.
(d) One-stop voting, without unnecessary steps, can significantly
increase turnout. The nine states that have enacted one-stop voting
lead the nation in voter turnout.
(e) The more people who vote, the more clearly the public's voice
is heard.
(f) California's registration procedures have not kept up with
available technology to maximize the efficiency of the voting
process.
(g) It is vital that California make every effort to maintain the
integrity of our democracy by ensuring that every eligible voter may
vote on election day.
SEC. 2. Section 2107 of the Elections Code is amended to read:
2107. (a) Except as provided in subdivision (b) and
Article 4.5 (commencing with Section 2170), the Th
e 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.
before election day or before the close of the polls on election day.
(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 A mailed affidavit is
postmarked on or before the 15th day prior to the election
and received by mail by the county
elections official before election day or before the close of
the polls on election day .
(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 (1) and (2)
on before election day or before the
15th day prior to the close of the polls on
election day .
(c) The county elections official shall accept an affidavit of
registration that meets the requirements of Article 4.5 (commencing
with Section 2170).
SEC. 3. Article 4.5 (commencing with Section 2170) is added to
Chapter 2 of Division 2 of the Elections Code, to read:
Article 4.5. Registration and Voting at One-Stop Voting Sites
2170. For purposes of this article, "VoteCal" means the statewide
voter registration database established by the Secretary of State
and referred to by that designation.
2171. (a) In addition to other methods of voter registration
provided by this code, an elector who is otherwise qualified to vote
under this code and Section 2 of Article II of the California
Constitution may register or reregister to vote at a one-stop voting
site pursuant to this article and may immediately thereafter cast a
ballot on the day of an election or at any time prior to the election
during which ballots may be cast pursuant to existing law.
(b) An elector who is not currently registered to vote in a county
may not register to vote and cast a regular ballot in that county
pursuant to this article unless the elector complies with all of the
following:
(1) The elector visits, on election day or at any time during the
period prior to the election during which ballots may be cast, a
location at which the county elections official in the county in
which the voter resides has made one-stop voting available.
(2) The elector presents proof of identity and proof of current
residence.
(3) The elector completes an affidavit of registration.
(c) For purposes of this article, proof of identity and proof of
current residence shall be consistent with Section 303(b) of the
federal Help America Vote Act of 2002 (42 U.S.C. Sec. 15483(b)) and
shall consist of either of the following:
(1) A photo identification with a current name and address, which
may include one of the following:
(A) Driver's license or identification card of any state.
(B) Passport.
(C) Military identification card.
(D) A photo identification card designated in the regulations of
the Secretary of State, as set forth in Section 20107 of Title 2 of
the California Code of Regulations, as last amended and filed with
the Secretary of State November 7, 2005, specifying standards for
proof of identity or residence when proof is required by the federal
Help America Vote Act of 2002 (42 U.S.C. Sec. 15301 et seq.).
(2) A photo identification without a current address from the list
in paragraph (1) and proof of current residence based on a document
that includes the name and current address of the individual
presenting it, and is dated since the date of the last statewide
general election, unless the document is intended to be a permanent,
one-time government document. The document may include any
shall be a proof of residence document
designated in the regulations of the Secretary of State, as set forth
in Section 20107 of Title 2 of the California Code of Regulations,
as last amended and filed with the Secretary of State November 7,
2005, specifying standards for proof of identity or residence when
proof is required by the federal Help America Vote Act of 2002 (42
U.S.C. Sec. 15301 et seq.) .
(d) A county elections official shall accept an affidavit of
registration executed pursuant to this article that includes the
current place of residence and other information required by Article
4 (commencing with Section 2150).
(e) County elections officials shall accept the following as the
elector's proof of identity for purposes of subdivision (b) if the
information can be successfully validated by reference to
VoteCal :
(1) The elector's name.
(2) The elector's date of birth.
(3) Either the elector's driver's license number or the last four
digits of the elector's social security number.
2172. (a) An elector who satisfies all the requirements
of Section 2171, and who is verified as not having been previously
registered in California, subdivision (b) of Section
2171 and whose personal information has been successfully verified
using VoteCal may vote by regular ballot. Otherwise, an elector
shall vote by provisional ballot.
(b) If an elector is unable to satisfy the requirements of
paragraph (2) of subdivision (b) of Section 2171, the elector may
vote by provisional ballot. No provisional ballot cast pursuant to
this article may be counted unless and until the elector's voter
registration is processed, verified, and completed, as provided in
Article 5 (commencing with Section 14310) of Chapter 3 of Division
14.
(c) An elections official shall handle each ballot cast pursuant
to this article in a manner that protects the secrecy of the ballot.
(d) It is the intent of the Legislature that each county elections
official make every effort to provide for voting pursuant to this
article by regular ballot.
2173. (a) Each county elections official shall compile an index
of voters who register for an election pursuant to this article.
After the official canvass of the votes for that election is
completed, the elections official shall review the names on the index
and, if any registration executed pursuant to this article is
discovered to be a duplicate registration, the elections official
shall cancel any duplicate voter registrations that may exist, as
provided in Chapter 3 (commencing with Section 2200).
(b) After an election, the elections official shall send a voter
notification form to each person who properly registered to vote for
that election pursuant to this article. Each voter who is sent that
notice shall be registered for future elections at the address at
which the voter is registered. The affidavit of registration of any
person whose voter notification form is returned by the post office
as undeliverable shall be processed in accordance with the procedures
set forth in Section 2221.
(c) If it appears that any voter who registered to vote pursuant
to this article may have committed fraud within the meaning of
Section 18560, the elections official shall immediately notify in
writing both the district attorney and the Secretary of State.
(d) Voter registration pursuant to this article shall not be used
for purposes of the determination of precincts as set forth in
Chapter 3 (commencing with Section 12200) of Division 12.
2174. One-stop voting shall be available in each county in
accordance with the following schedule:
(a) Beginning January 1, 2011, 2012, if
VoteCal is available for use one-stop voting shall be available
at every permanent office of a county elections official.
(b) Beginning January 1, 2013 2014 ,
if VoteCal is approved by the Secretary of State for use at
polling places locations other than the permanent
office of the county elections official , each county shall
either establish at least one location at which one-stop voting is
available for every 100,000 voters or ensure that every voter
residence is within 10 miles of such a location, at the discretion of
the county registrar of voters. One location for one-stop
voting may be the permanent office of a county elections official. If
a county is required to provide one-stop voting at more than five
sites and the county does not have the voting system to provide
ballots on demand, the county may propose an alternative
implementation plan to the Secretary of State for approval that
generally meets the goals of this article to provide voters
with reasonable access to one-stop voting.
2175. (a) Each location at
which one-stop voting is available shall have a separate area
dedicated to one-stop voting. At least one precinct board member at
each of those locations shall be trained prior to the election in
one-stop voting procedures and shall be assigned to conduct one-stop
voting. One-stop voting shall be conducted in a manner that does not
interfere with or delay voting by persons previously registered to
vote.
(b) Each one-stop voting location shall provide, in a conspicuous
location in the area designated for voter registration, a poster that
includes all of the following information:
(1) A statement that the law provides for one-stop registration
and voting.
(2) A description of the eligibility requirements for registration
and voting.
(3) A description of the types of documents that may be used to
demonstrate proof of current residence.
(4) A statement that registration documents are signed under
penalty of perjury and that any fraudulent statement made in
connection with registering to vote may subject the person to
criminal prosecution.
(c) In addition to the poster specified in subdivision (b), the
same information shall be available in written form for distribution
at each one-stop voting location in any languages in which the ballot
and voter registration materials are required to be available.
(d) The Secretary of State and each elections official shall
educate voters about one-stop voting and provide information about
availability and locations where one-stop voting may be executed.
Information about one-stop voting shall be available in languages
other than English as required by existing law relating to
registration and voting materials.
2176. The Secretary of State may adopt appropriate regulations
for purposes of ensuring the uniform application of this article.
SEC. 4. If the Commission on State Mandates determines that this
act contains 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.
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