Amended in Assembly January 6, 2014

Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 1170

Introduced by Assembly Member Donnelly

February 22, 2013

An act to amend begin delete Sections 2224, 2226, and 2227 end delete begin insert Section 5100 end insert of the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 1170, as amended, Donnelly. begin delete Voters: registration cancellation. end delete begin insert Primary elections: party qualification. end insert

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Existing law specifies the circumstances under which a political party is qualified to participate in a primary election. Existing law provides that a party is qualified if at the last preceding gubernatorial election there was polled for any one of its candidates, for any office voted on throughout the state, at least 2% of the entire vote of the state.

end insert begin insert

This bill instead would limit the applicability of this 2% threshold to the last preceding gubernatorial primary election. The bill also would make technical, nonsubstantive changes.

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Existing law requires the county elections official to conduct a preelection residence confirmation procedure by mailing a specified nonforwardable postcard to each registered voter of the county by the 90th day immediately prior to the direct primary election. In lieu of mailing a residency confirmation postcard to each registered voter in the county, existing law authorizes the county elections official to contract with the United States Postal Service, a consumer credit reporting agency, or its licensees to obtain change-of-address data. Based on the data received, existing law requires the county elections official to send an address verification notice to enable a voter to verify or correct address information.

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Existing law authorizes a county elections official to cancel the voter registration of any voter whose name has been placed on the inactive file of registered voters for failure to respond to an address verification mailing based upon change-of-address data received from the United States Postal Service or its licensees and who does not offer to vote or vote at any election between the date of a specified address confirmation mailing and 2 federal general elections after the date of that mailing. With regard to an address verification notice based upon data received from a consumer credit reporting agency or its licensees, existing law prohibits the official from placing the voter’s name on the inactive file of registered voters or canceling the voter registration if the voter does not respond to the verification notice and does not otherwise verify that he or she has moved to a new residence address.

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This bill would instead require a county elections official to cancel the voter registration of a voter who fails to respond to an address verification mailing sent in response to change-of-address data received from the United States Postal Service, a consumer credit reporting agency, or its licensees and who does not offer to vote or vote at any election between the date of the mailing and two federal general elections after the date of that mailing. The bill would additionally modify the form of a specified residency confirmation postcard to include information regarding the circumstances in which a voter’s registration will be canceled. By imposing new duties on county elections officials, the bill would impose a state-mandated local program.

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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.

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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.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete yes end delete begin insert no end insert . State-mandated local program:  begin delete yes end delete begin insert no end insert .

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 5100 of the end insert begin insert Elections Code end insert begin insert is amended
to read: end insert

5100.  

A party is qualified to participate in any primary election
under any of the following conditions:

(a)  begin delete If at end delete begin insert At end insert the last preceding gubernatorial begin insert primary end insert election
begin delete there was polled for end delete begin insert , end insert any one of begin delete its end delete begin insert the end insert candidates begin insert of the party end insert for
any office voted on throughout the state begin delete , end delete begin insert polled end insert at least 2 percent
of the entire vote of the state begin insert for that office end insert .

(b)  begin delete If on end delete begin insert On end insert or before the 135th day before any primary election,
it appears to the Secretary of State, as a result of examining and
totaling the statement of voters and their political begin delete affiliations end delete begin insert end insert
begin insert preferences end insert transmitted to him or her by the county elections
officials, that voters equal in number to at least 1 percent of the
entire vote of the state at the last preceding gubernatorial election
have begin delete declared their intention to affiliate with end delete begin insert disclosed a preference
for end insert that party.

(c)  begin delete If on end delete begin insert On end insert or before the 135th day before begin delete any end delete begin insert the end insert primary
election, begin delete there is filed with the Secretary of State end delete a petition signed
by voters, equal in number to at least 10 percent of the entire vote
of the state at the last preceding gubernatorial election, begin insert is filed with
the Secretary of State end insert declaring that they represent a proposed
party, the name of which shall be stated in the petition, which
proposed party those voters desire to have participate in that
primary election. This petition shall be circulated, signed, verified
and the signatures of the voters on it shall be certified to and
transmitted to the Secretary of State by the county elections
officials substantially as provided for initiative petitions. Each
page of the petition shall bear a caption in 18-point boldface type,
which caption shall be the name of the proposed party followed
by the words “Petition to participate in the primary election.”

begin delete

SECTION 1.  

Section 2224 of the Elections Code is amended
to read:

2224.  

(a) If a voter has not voted in an election within the
preceding four years, and his or her residence address, name, or
party affiliation has not been updated during that time, the county
elections official may send an alternate residency confirmation
postcard. The use of this postcard may be sent subsequent to NCOA
or sample ballot returns, but shall not be used in the residency
confirmation process conducted under Section 2220. The postcard
shall be forwardable, including a postage-paid and preaddressed
return form to enable the voter to verify or correct the address
information, and shall be in substantially the following form:

“If the person named on the postcard is not at this address,
PLEASE help keep the voter rolls current and save taxpayer dollars
by returning this postcard to your mail carrier.”

“IMPORTANT NOTICE”

“According to our records you have not voted in any election
during the past four years, which may indicate that you no longer
reside in ____ County. If you continue to reside in this county you
must confirm your residency address in order to remain on the
active voter list and receive election materials in the mail.”

“If confirmation has not been received within 15 days, you may
be required to provide proof of your residence address in order to
vote at future elections and, if you do not appear or offer to vote
at any election in the period between the date of this notice and
the second federal general election after the date of this notice,
your voter registration will be canceled and you will have to
reregister in order to vote. If you no longer live in ____ County,
you must reregister at your new residence address in order to vote
in the next election. California residents may obtain a mail
registration form by calling the county elections office of the
Secretary of State’s Office.”

(b) The use of a toll-free number to confirm the old residence
address is optional. Any change to a voter’s address shall be
received in writing.

(c) A county using the alternate residency confirmation
procedure shall notify all voters of the procedure in the sample
ballot pamphlet or in a separate mailing.

SEC. 2.  

Section 2226 of the Elections Code is amended to read:

2226.  

(a) Based on change-of-address information received
pursuant to Sections 2220 to 2225, inclusive, or change-of-address
information provided directly by the voter, the county elections
official shall take the following actions as appropriate:

(1) If the information indicates the voter has moved to a new
address within the same county, the county elections official shall
update and correct the voter’s registration.

(2) If the information indicates the voter has moved to a new
address in another county, if the mailings have been returned as
undeliverable, or if the voter fails to confirm his or her address as
required by Section 2224, the county elections official shall place
the voter’s name on the inactive file of registered voters who do
not receive election materials and are not included in calculations
to determine the number of signatures required for qualification
of candidates and measures, precinct size, or other election
administration-related processes.

(3) If the voter verifies in writing that he or she has moved to
a residence address in another county, the county elections official
shall cancel the voter registration in the county from which the
voter has moved.

(b) The voter registration of any voter whose name has been
placed on the inactive file of registered voters for failure to respond
to an address verification mailing required by Section 2225, and
who does not offer to vote or vote at any election between the date
of the mailing and two federal general elections after the date of
that mailing, shall be canceled.

(c) Any voter whose name has been placed on the inactive file
of registered voters and offers to vote at any election between the
date of the verification notice, and two federal general elections
after the date of notice, or who notifies the elections official of a
continued residency, shall be removed from the inactive file and
placed on the active voter file.

(d) All address corrections, cancellations, and inactive
transactions made to the voter registration file pursuant to this
section shall be reflected on the voter index as required by Section
2191.

SEC. 3.  

Section 2227 of the Elections Code is amended to read:

2227.  

(a) In lieu of mailing a residency confirmation postcard,
as prescribed in subdivision (a) of Section 2220, the county
elections official may contract with a consumer credit reporting
agency or its licensees to obtain use of change-of-address data in
accordance with this section.

(b) If the county elections official contracts with a consumer
credit reporting agency or its licensees pursuant to subdivision (a),
all of the following shall occur:

(1) For each registered voter in the county, the county elections
official shall initiate a search for change-of-address data with the
consumer credit reporting agency or its licensees by providing the
name and residence address of each registered voter in the county
to the consumer credit reporting agency or its licensees.

(2) The consumer credit reporting agency or its licensees shall
search their databases for each name and address provided by the
county elections official and shall report to the county elections
official any information indicating that the registered voter changed
his or her residence address.

(c) (1) Notwithstanding Section 2194 of this code or Section
6254.4 of the Government Code, and except as provided in
paragraph (2), a county elections official may disclose a registered
voter’s name and residence address to a consumer credit reporting
agency or its licensees pursuant to, and in accordance with, this
section.

(2) A county elections official shall not disclose to a consumer
credit reporting agency or its licensees the name and residence
address of a registered voter if that information is deemed
confidential pursuant to Section 2166, 2166.5, or 2166.7 of this
code, or Chapter 3.1 (commencing with Section 6205) of Division
7 of Title 1 of the Government Code.

(d) A consumer credit reporting agency or its licensees shall
use the information provided by a county elections official only
pursuant to paragraph (2) of subdivision (b), and shall not retain
any information received from the county elections official
pursuant to this section.

(e) Based on change-of-address data received from a consumer
credit reporting agency or its licensees, the county elections official
shall send a forwardable notice, including a postage-paid and
preaddressed return form, which may be in the form of a postcard,
to the registered voter to enable the voter to verify or correct
address information. The forwardable notice shall be in
substantially the following form:

“We have received notification that you have moved to a new
residence address in ____ County. You will remain registered to
vote at your old address unless you notify our office that the
address to which this card was mailed is a change of your
permanent residence. Please notify our office in writing by
returning the attached postage-paid postcard. If this is not a
permanent residence, and you do not wish to change your address
for voting purposes, please disregard this notice.”

(f) The county elections official shall take all of the following
actions as appropriate:

(1) If a voter responds to the forwardable notice sent pursuant
to subdivision (e) or otherwise verifies in a signed writing that he
or she has moved to a new residence address within the same
county, the county elections official shall verify the signature on
the response by comparing it to the signature on file for the voter
and, if appropriate, correct the voter’s registration with the new
residence address.

(2) If a voter responds to the forwardable notice sent pursuant
to subdivision (e) or otherwise verifies in a signed writing that he
or she has moved to a new residence address in another county,
the county elections official shall verify the signature on the
response by comparing it to the signature on file for the voter and,
if appropriate, cancel the voter’s registration in the county from
which the voter has moved.

(3) If a voter does not respond to the forwardable notice sent
pursuant to subdivision (e), does not otherwise verify in a signed
writing that he or she has moved to a new residence address, and
does not offer to vote or vote at any election between the date of
the forwardable notice and two federal general elections after the
date of the forwardable notice, the voter registration of the voter
shall be canceled.

(g) For purposes of this section, “consumer credit reporting
agency” has the same meaning as set forth in subdivision (d) of
Section 1785.3 of the Civil Code.

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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