Senate BillNo. 1061


Introduced by Senator Block

February 18, 2014


An act to amend Sections 105, 2026, 2033, 2102, 2119, 2137, 2141, 2142, 2151, 2156, 2165, 2166, 2166.5, 2166.7, 2167, 2180, 2181, 2183, 2187, 2189, 2190, 2194, 2200, 2202, 2203, 2204, 2205, 2206, 2212, 2221, 3006, 3007.5, 3009, 3011, 3013, 3019, 3021, 3501, 9094, 14310, 16442, 16462, 17000, and 17001 of, and to add Sections 2101.5, 2101.6, and 2155.1 to, the Elections Code, to amend Sections 6254.4, 23365, 23374.13, and 57051 of the Government Code, to amend Section 12950.5 of, and to add Section 12500.5 to, the Vehicle Code, and to amend Section 60211 of the Water Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

SB 1061, as introduced, Block. Elections: voter registration.

Under existing law, a person qualified to vote may only register to vote by completing an affidavit of registration.

This bill would provide that all persons not already registered to vote who are qualified to be registered to vote and who complete an application for a new or renewed California driver’s license, instruction permit, junior permit, or identification card with the Department of Motor Vehicles shall be registered to vote, unless the person declines to be registered to vote. Persons registered to vote under these provisions would be registered as having no party preference. If the person named on the application or form would not be 18 years of age at the time of the next election but otherwise satisfies the requirements to be registered to vote, he or she would be automatically registered to vote at the time that he or she will be 18 years of age by the time of the next election, unless the person declines to be registered to vote on the application or form. The bill would require the Department of Motor Vehicles to send a duplicate of each of these documents to the elections official of the county in which the person named on the document resides, unless the person has not filled out the form in its entirety, has not supplied sufficient information to indicate that he or she satisfies the requirements to be registered to vote, declines to be registered to vote, or has indicated on the form that he or she is already registered to vote. The bill would require the Department of Motor Vehicles to keep the information collected confidential, unless the law requires otherwise. The bill would require the elections official to maintain these documents for voters who qualify to be registered to vote under the bill in a manner identical to which the affidavits of registration are maintained.

Under existing law, affidavits of registration are used to verify the residence of a voter, to verify the signature of a voter, and to verify the political affiliation of a voter. Existing law requires a county elections official to maintain the affidavits of registration for voters within the county, to maintain a voter registration index based upon the valid affidavits of registration for voters within the county, to keep voter information listed on the affidavit of registration confidential in certain circumstances, and to cancel the affidavits of registration for persons who are no longer qualified to vote. Existing law permits a county elections official to duplicate uncanceled affidavits of registration for the voters in the county and to store the information contained in the affidavits of registration by way of data processing equipment. Existing law requires the county elections official to maintain canceled affidavits of voter registration, as prescribed.

This bill would require that the completed applications of the Department of Motor Vehicles that cause a voter to become registered to vote be used for verification purposes in the same manner as affidavits of registration, with the exception of political party preference. The bill would also require that the completed applications of the Department of Motor Vehicles be maintained in the same manner as affidavits of registration, be included in the preparation of the voter index, be kept confidential in certain circumstances in the same manner as affidavits of registration, and be canceled in the same manner as affidavits of registration. The bill would permit a county elections official to duplicate completed applications of the Department of Motor Vehicles that cause voters to become registered to vote and to store the information contained in the applications and forms by way of data processing equipment. The bill would require the county elections official to maintain canceled applications and forms that cause voters to be registered to vote.

Because the bill would require elections officials to provide a higher level of service, it 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:

P3    1

SECTION 1.  

Section 105 of the Elections Code is amended to
2read:

3

105.  

begin insert (a)end insertbegin insertend insert For purposes of verifyingbegin delete signaturesend deletebegin insert a signatureend insert on
4begin delete anyend deletebegin insert anend insert initiative, referendum, recall, nomination, or other election
5petition or paper, the elections official shall determine that the
6residence address on the petition or paper is the same as the
7residence address on the affidavit of registrationbegin insert end insertbegin insertor the duplicate
8of the document that caused the voter to be registered to vote
9pursuant to subdivision (a) of Section 2101.5end insert
. If the addresses are
10different, or if the petition or paper does not specify the residence
11address, or, in the case of an initiative or referendum petition, if
12the information specified in Section 9020 is not contained in the
13petition, the affected signature shall not be counted as valid.

begin delete

14Any

end delete

15begin insert(b)end insertbegin insertend insertbegin insert Aend insert signature invalidated pursuant to this section shall not
16affect the validity ofbegin delete otherend deletebegin insert anotherend insert validbegin delete signaturesend deletebegin insert signatureend insert on
17the particular petition or paper.

18

SEC. 2.  

Section 2026 of the Elections Code is amended to read:

19

2026.  

The domicile of a Member of the Legislature or a
20Representative in the Congress of the United States shall be
21conclusively presumed to be at the residence address indicated on
22that person’s currently filed affidavit of registrationbegin insert end insertbegin insertor the duplicate
23of the document that caused the voter to be registered to vote
24pursuant to subdivision (a) of Section 2101.5end insert
.

P4    1

SEC. 3.  

Section 2033 of the Elections Code is amended to read:

2

2033.  

Whenever the house number or the mailing address of
3a voter has been changed and the voter’s domicile is the same, the
4public agency authorizing the change shall notify the county
5elections official in writing of the change and the county elections
6official shall make the change on the voter’sbegin delete affidavit ofend delete registration
7and a newbegin delete affidavitend deletebegin insert registrationend insert shall not be required.

8

SEC. 4.  

Section 2101.5 is added to the Elections Code, to read:

9

2101.5.  

(a) A person who is not registered to vote and properly
10completes an application for a new or renewed California driver’s
11license, instruction permit, junior permit, or identification card
12who satisfies the requirements to be registered to vote shall be
13registered to vote, unless that person declines to be registered to
14vote on the application. A person who is not currently registered
15to vote and properly completes an application for a new or renewed
16California driver’s license, instruction permit, junior permit, or
17identification card who will not be 18 years of age at the time of
18the next election but otherwise satisfies the requirements to be
19registered to vote shall be automatically registered to vote at the
20time that he or she will be 18 years of age by the time of the next
21election, unless that person declines to be registered to vote on the
22application.

23(b) A person may register to vote by completing an affidavit of
24registration as provided for by this chapter.

25(c) A person who is registered to vote pursuant to subdivision
26(a) shall be registered as having no party preference. For purposes
27of this code, a person who is registered pursuant to subdivision (a)
28shall be treated as if he or she has declined to state a party
29preference on the affidavit of registration pursuant to Section 2151.

30(d) If a person who does not satisfy the requirements to be
31registered to vote is registered to vote pursuant to subdivision (a),
32he or she shall not suffer any legal penalty or loss of any benefit
33to which he or she may otherwise be entitled unless he or she
34intended to fraudulently register to vote.

35

SEC. 5.  

Section 2101.6 is added to the Elections Code, to read:

36

2101.6.  

(a) Upon receipt of the duplicate of the document from
37the Department of Motor Vehicles, sent pursuant to Section
3812500.5 of the Vehicle Code, the county elections official shall
39examine the document and determine if the person named on the
40document has supplied the information required to establish that
P5    1he or she is qualified to vote. If the person named on the document
2is not currently registered to vote and the document indicates that
3the person satisfies the requirements to be registered to vote, the
4document shall be treated by the county elections official the same
5as a completed affidavit of registration. If the person named on
6the duplicate document will not be 18 years of age at the time of
7the next election but otherwise satisfies the requirements to be
8registered to vote, the person shall be automatically registered to
9vote at the time that he or she will be 18 years of age by the time
10of the next election.

11(b) Registration to vote pursuant to subdivision (a) of Section
122101.5 shall be deemed effective if received by the Department
13of Motor Vehicles on or before the 15th day prior to the election.

14(c) The document received from the Department of Motor
15Vehicles that caused a voter to be registered pursuant to subdivision
16(a) of Section 2101.5 shall be maintained by the county elections
17official in the same manner that the county elections official
18maintains an affidavit of registration.

19(d) For purposes of verifying a signature on a recall, initiative,
20or referendum petition or a signature on a nomination paper or any
21other election petition or election paper, a properly executed
22application for a new or renewed California driver’s license,
23instruction permit, junior permit, or identification card filing form
24that caused a person to be registered to vote pursuant to subdivision
25(a) of Section 2101.5 shall be deemed effective for verification
26purposes if both (1) the application or form is signed on the same
27date or a date prior to the signing of the petition or paper, and (2)
28the application or form is received by the county elections official
29on or before the date on which the petition or paper is filed.

30

SEC. 6.  

Section 2102 of the Elections Code, as amended by
31Section 2 of Chapter 899 of the Statutes of 2000, is amended to
32read:

33

2102.  

(a) begin deleteA person may not be registered as a voter except by
34affidavit of registration. The end delete
begin insertAn end insertaffidavitbegin insert of registrationend insert shall be
35mailed or delivered to the county elections official and shall set
36forth all of the facts required to be shown by this chapter. A
37properly executed registration shall be deemed effective upon
38receipt of the affidavit by the county elections official if received
39on or before the 15th day prior to an election to be held in the
40registrant’s precinct. A properly executed registration shall also
P6    1be deemed effective upon receipt of the affidavit by the county
2elections official if any of the following apply:

3(1) The affidavit is postmarked on or before the 15th day prior
4to the election and received by mail by the county elections official.

5(2) The affidavit is submitted to the Department of Motor
6Vehicles or accepted by any other public agency designated as a
7voter registration agency pursuant to the National Voter
8Registration Act of 1993 (42 U.S.C. Sec. 1973gg) on or before the
915th day prior to the election.

10(3) The affidavit is delivered to the county elections official by
11means other than those described inbegin delete paragraphsend deletebegin insert paragraphend insert (1) or
12(2) on or before the 15th day prior to the election.

13(b) For purposes of verifyingbegin delete signaturesend deletebegin insert a signatureend insert on a recall,
14initiative, or referendum petition orbegin delete signaturesend deletebegin insert a signatureend insert on a
15nomination paper or any other election petition or election paper,
16a properly executed affidavit of registration shall be deemed
17effective for verification purposes if both (a) the affidavit is signed
18on the same date or a date prior to the signing of the petition or
19paper, and (b) the affidavit is received by the county elections
20 official on or before the date on which the petition or paper is filed.

21(c) Notwithstanding any otherbegin delete provision ofend delete law to the contrary,
22the affidavit of registration required under this chapter may not be
23taken under sworn oath, but the content of the affidavit shall be
24certified as to its truthfulness and correctness, under penalty of
25perjury, by the signature of the affiant.

26

SEC. 7.  

Section 2102 of the Elections Code, as amended by
27Section 2 of Chapter 364 of the Statutes of 2009, is amended to
28read:

29

2102.  

(a) begin deleteA person may not be registered as a voter except by
30affidavit of registration. The end delete
begin insertAn end insertaffidavitbegin insert of registrationend insert shall be
31mailed or delivered to the county elections official and shall set
32forth all of the facts required to be shown by this chapter. A
33properly executed registration shall be deemed effective upon
34receipt of the affidavit by the county elections official if received
35on or before the 15th day prior to an election to be held in the
36registrant’s precinct. A properly executed registration shall also
37be deemed effective upon receipt of the affidavit by the county
38elections official if any of the following apply:

39(1) The affidavit is postmarked on or before the 15th day prior
40to the election and received by mail by the county elections official.

P7    1(2) The affidavit is submitted to the Department of Motor
2Vehicles or accepted by any other public agency designated as a
3voter registration agency pursuant to the National Voter
4Registration Act of 1993 (42 U.S.C. Sec. 1973gg) on or before the
515th day prior to the election.

6(3) The affidavit is delivered to the county elections official by
7means other than those described inbegin delete paragraphsend deletebegin insert paragraphend insert (1) or
8 (2) on or before the 15th day prior to the election.

9(b) For purposes of verifyingbegin delete signaturesend deletebegin insert a signatureend insert on a recall,
10initiative, or referendum petition orbegin delete signaturesend deletebegin insert a signatureend insert on a
11nomination paper or any other election petition or election paper,
12a properly executed affidavit of registration shall be deemed
13effective for verification purposes if both of the following
14conditions are satisfied:

15(1) The affidavit is signed on the same date or a date prior to
16the signing of the petition or paper.

17(2) The affidavit is received by the county elections official on
18or before the date on which the petition or paper is filed.

19(c) Notwithstanding any otherbegin delete provision ofend delete law to the contrary,
20the affidavit of registration required under this chapter may not be
21taken under sworn oath, but the content of the affidavit shall be
22certified as to its truthfulness and correctness, under penalty of
23perjury, by the signature of the affiant.

24(d) A person who is at least 17 years of age and otherwise meets
25all eligibility requirements to vote may submit his or her affidavit
26of registration as prescribed by this section. A properly executed
27registration made pursuant to this subdivision shall be deemed
28effective as of the date the affiant will be 18 years of age, if the
29information in the affidavit of registration is still current at that
30time. If the information provided by the affiant in the affidavit of
31registration is not current at the time that the registration would
32otherwise become effective, for his or her registration to become
33effective, the affiant shall provide the current information to the
34proper county elections official as prescribed by this chapter.

35

SEC. 8.  

Section 2119 of the Elections Code is amended to read:

36

2119.  

(a) In lieu of executing a new affidavit of registration
37for a change of address within thebegin delete countyend deletebegin insert county,end insert the county
38elections official shall accept a notice or letter of the change of
39address signed by a voter as he or she is registered.

P8    1(b) The county elections official shall accept a notification for
2the forthcoming election and shall change the address on the voter’s
3begin delete affidavit ofend delete registration accordingly if the notification is executed
4on or before the 15th day prior to the election and if any of the
5following apply:

6(1) The notification is postmarked on or before the 15th day
7prior to the election and received by mail by the county elections
8official.

9(2) The notification is submitted to the Department of Motor
10Vehicles or accepted by any other public agency designated as a
11voter registration agency pursuant to the National Voter
12Registration Act of 1993 (42 U.S.C. Sec. 1973gg) prior to the
13election.

14(3) The notification is delivered to the county elections official
15by means other than those described in paragraphsbegin delete (2)end deletebegin insert (1)end insert andbegin delete (3)end delete
16begin insert (2)end insert on or before the 14th day prior to the election.

17

SEC. 9.  

Section 2137 of the Elections Code is amended to read:

18

2137.  

Whenbegin delete anyend deletebegin insert anend insert elector isbegin delete registered,end deletebegin insert registered by
19completing an affidavit of registration,end insert
his or her name, residence,
20and residence telephone number, if furnished, shall be entered on
21the stub attached to the original affidavit. If for any cause the
22affidavit is spoiled in the course of execution or a mistake is made,
23the affidavit shall not be destroyed, but the name of the elector for
24whom it was intended, with his or her residence, shall be entered
25on the stub as in other cases, and the stubs and affidavits each
26marked with the word “spoiled.”

27

SEC. 10.  

Section 2141 of the Elections Code is amended to
28read:

29

2141.  

begin insert(a)end insertbegin insertend insertIf the county elections official deems a duplicate
30file of voterbegin delete registration cardsend deletebegin insert registrationsend insert to be necessary for
31administrative purposes, the county elections official may prepare,
32upon the receipt in his or her office ofbegin delete eachend deletebegin insert theend insert original affidavit
33ofbegin delete registration,end deletebegin insert registration or the duplicate of the document that
34caused the voter to be registered to vote pursuant to subdivision
35(a) of Section 2101.5,end insert
a reproduction thereof in compliance with
36the following conditions:

begin delete

37(a)

end delete

38begin insert(1)end insert Thebegin delete affidavitend deletebegin insert documentend insert is photographed, microphotographed,
39or reproduced in a manner approved for permanent records by the
40National Bureau of Standards.

begin delete

P9    1(b)

end delete

2begin insert(2)end insert The device used to reproduce thebegin delete affidavitend deletebegin insert documentend insert is one
3that accurately reproduces thebegin delete original thereofend deletebegin insert documentend insert in all
4details.

begin delete

5(c)

end delete

6begin insert(3)end insert The photographs, microphotographs, or other reproductions
7are placed in conveniently accessible files and provision is made
8for preserving, examining, and using the same.

9begin insert(b)end insertbegin insertend insertWherever in this codebegin delete the term duplicate affidavitend deletebegin insert “duplicate
10affidavit”end insert
is used it shall be deemed to include the reproduced
11affidavit authorized by this section.

begin delete

12Any

end delete

13begin insert(c)end insertbegin insertend insertbegin insertAend insert signature comparison required by this code may be made
14againstbegin delete these duplicates.end deletebegin insert a duplicate produced in compliance with
15this section.end insert

16

SEC. 11.  

Section 2142 of the Elections Code is amended to
17read:

18

2142.  

(a) If the county elections official refuses to registerbegin delete anyend delete
19begin insert aend insert qualified elector in the county, the elector may proceed by action
20in the superior court to compel his or her registration. In an action
21under this section, as many persons may join as plaintiffs as have
22causes of action.

23(b) If the county elections official has not registeredbegin delete anyend deletebegin insert aend insert
24 qualified elector who claims to have registered to vote through the
25Department of Motor Vehicles orbegin delete any otherend deletebegin insert aend insert public agency
26designated as a voter registration agency pursuant to the National
27Voter Registration Act of 1993 (42 U.S.C. Sec. 1973gg), the elector
28may proceed by action in the superior court to compel his or her
29registration. In an action under this section, as many persons may
30join as plaintiffs as have causes of action.

31(c) begin deleteNo end deletebegin insertA end insertfee shallbegin insert notend insert be charged by the clerk of the court for
32services rendered in an action under this section.

33

SEC. 12.  

Section 2151 of the Elections Code is amended to
34read:

35

2151.  

(a) At the time ofbegin delete registeringend deletebegin insert end insertbegin insertcompleting an affidavit of
36registrationend insert
and of transferring registration, an elector may disclose
37the name of the political party that he or she prefers. The name of
38that political party shall be stated in the affidavit of registration
39and the index.

P10   1(b) (1) The voter registration card shall inform the affiant that
2an elector may decline to disclose a political party preference, but
3a person shall not be entitled to vote the ballot of a political party
4at a primary election for President of the United States or for a
5party committee unless he or she has disclosed the name of the
6party that he or she prefers or unless he or she has declined to
7disclose a party preference and the political party, by party rule
8duly noticed to the Secretary of State, authorizes a person who has
9declined to disclose a party preference to vote the ballot of that
10political party. The voter registration card shall further inform the
11affiant that a registered voter may vote for any candidate at a
12primary election for state elective office or congressional office,
13regardless of the disclosed party preference of the registrant or the
14candidate seeking that office or the refusal of the registrant or
15candidate to disclose a party preference.

16(2) The voter registration card shall include a listing of all
17qualified political parties. As part of that listing, the voter
18registration card shall also contain an option that permits the affiant
19to decline to disclose a party preference. This option shall be placed
20at the end of the listing of qualified political parties.

21(c) A person shall not be permitted to vote the ballot of a party
22or for delegates to the convention of a party other than the party
23disclosed as preferred in his or her registration, except as provided
24by Section 2152 or unless he or she has declined to disclose a party
25preference and the party, by party rule duly noticed to the Secretary
26of State, authorizes a person who has declined to disclose a party
27preference to vote the party ballot or for delegates to the party
28convention.

29(d) As of the effective date of the statute that added this
30subdivision, any voter who previously stated a political party
31affiliation when registering to vote shall be deemed to have
32disclosed that same party as his or her political party preference
33unless the voter files a new affidavit of registration disclosing a
34different political party preference or no political party preference.
35Any voter who previously declined to state a party affiliation shall
36be deemed to have declined to disclose a party preference unless
37the voter files a new affidavit of registration disclosing a different
38political party preference.

39(e) The Secretary of State may continue to supply existing
40affidavits of registration prior to printing new or revised forms
P11   1that reflect the changes required pursuant to any amendment made
2to this section.

3

SEC. 13.  

Section 2155.1 is added to the Elections Code, to
4read:

5

2155.1.  

Upon receipt of the duplicate of the document signed
6by the voter from the Department of Motor Vehicles that caused
7a voter to be registered pursuant to subdivision (a) of Section
82101.5, the county elections official shall inspect the voter index
9to determine whether the person has been previously registered to
10vote. If the county elections official determines that the person has
11not previously been registered to vote, the county elections official
12shall send the voter a voter notification by nonforwardable,
13first-class mail, address correction requested, and a voter
14registration card.

15The voter notification shall be substantially in the following
16form:

1718VOTER NOTIFICATION
19

20You are registered to vote. Because you have not completed an
21affidavit of voter registration, you are registered as declaring no
22party preference.

23You may vote in any election held 15 or more days after the date
24shown on the reverse side of this card.

25Your name will appear on the index kept at the polls.

26Please contact your county elections office if the information
27shown on the reverse side of this card is incorrect.

28

SEC. 14.  

Section 2156 of the Elections Code is amended to
29read:

30

2156.  

The Secretary of State shall print, or cause to be printed,
31the blank forms of the voter notification prescribed bybegin delete Section
322155.end delete
begin insert Sections 2155 and 2155.1.end insert The Secretary of State shall
33supply the forms to the county elections official in quantities and
34at times requested by the county elections official. The Secretary
35of State may continue to supply, andbegin delete theend deletebegin insert aend insert county electionsbegin delete officialsend delete
36begin insert officialend insert may continue to use, existing voter notification forms prior
37to printing new or revised forms as required by any changes to
38Sectionbegin delete 2155.end deletebegin insert 2155 or 2155.1.end insert

39

SEC. 15.  

Section 2165 of the Elections Code is amended to
40read:

P12   1

2165.  

Affidavits of registrationbegin insert and the duplicates of the
2documents that caused voters to be registered to vote pursuant to
3subdivision (a) of Section 2101.5end insert
for the whole of each county
4shall be filed, as fast as the registration progresses, in any orderly
5arrangement as prescribed by the county elections official. If the
6begin delete affidavitsend deletebegin insert documentsend insert are not filed alphabetically without regard to
7precinct, the county elections official shall, by electronic,
8electromechanical, or other suitable means, provide, for general
9use in his or her office, a comprehensive, printed alphabetical index
10to the surnames of voters on all uncanceledbegin delete affidavitsend deletebegin insert voter
11registrationsend insert
for the whole of the county, whereby the affidavit of
12registrationbegin insert of a voter or the duplicateend insert ofbegin delete anyend deletebegin insert the document that
13caused theend insert
voterbegin insert to be registered to vote pursuant to subdivision
14(a) of Section 2101.5end insert
may be ascertained and produced. In the case
15of voters having the same surname, the classification of names
16appearing on the index shall extend to the given and, where
17necessary, the middle name or initial.

18

SEC. 16.  

Section 2166 of the Elections Code is amended to
19read:

20

2166.  

(a) begin delete Anyend deletebegin insert Aend insert personbegin insert who isend insert filing with the county elections
21official a new affidavit of registration or reregistrationbegin insert or is
22registered pursuant to subdivision (a) of Section 2101.5end insert
may have
23the information relating to his or her residence address, telephone
24number, and e-mail address appearing on thebegin delete affidavit,end deletebegin insert affidavitend insert
25 orbegin delete anyend deletebegin insert the duplicate of the document that caused the voter to be
26registered to vote pursuant to subdivision (a) of Section 2101.5,
27or aend insert
list or roster or index prepared therefrom, declared confidential
28upon order of a superior court issued upon a showing of good cause
29that a life-threatening circumstance exists to the voter or a member
30of the voter’s household, and naming the county elections official
31as a party.

32(b) begin delete Anyend deletebegin delete end deletebegin insertA end insertperson granted confidentiality under subdivision (a)
33shall:

34(1) Be considered a vote by mail voter for all subsequent
35elections or until the county elections official is notified otherwise
36by the court or in writing by the voter. A voter requesting
37termination of vote by mail status thereby consents to placement
38of his or her residence address, telephone number, and e-mail
39address in the roster of voters.

P13   1(2) In addition to the required residence address, provide a valid
2mailing address to be used in place of the residence address for
3election, scholarly, or political research, and government purposes.
4The elections official, in producingbegin delete anyend deletebegin insert aend insert list, roster, or index may,
5at his or her choice, use the valid mailing address or the word
6“confidential” or some similar designation in place of the residence
7address.

8(c) begin delete Noend deletebegin delete end deletebegin insertAn end insertaction in negligencebegin delete mayend deletebegin insert shall notend insert be maintained
9againstbegin delete anyend deletebegin insert aend insert government entity or officer or employee thereof as
10a result of the disclosure of the information which is the subject
11of this section unless by a showing of gross negligence or
12willfulness.

13

SEC. 17.  

Section 2166.5 of the Elections Code is amended to
14read:

15

2166.5.  

(a) begin deleteAny end deletebegin insertA end insertpersonbegin insert who isend insert filing with the county
16elections official a new affidavit of registration or reregistration
17begin insert or is registered pursuant to subdivision (a) of Section 2101.5end insert may
18have the information relating to his or her residence address,
19telephone number, and e-mail address appearing on thebegin delete affidavit,end delete
20begin insert affidavitend insert orbegin delete anyend deletebegin insert end insertbegin insertthe duplicate of the document that caused the voter
21to be registered to vote pursuant to subdivision (a) of Section
222101.5, or aend insert
list or roster or index prepared therefrom, declared
23confidential upon presentation of certification that the person is a
24participant in the Address Confidentiality for Victims of Domestic
25Violence, Sexual Assault, and Stalking program pursuant to
26Chapter 3.1 (commencing with Section 6205) of Division 7 of
27Title 1 of the Government Code or a participant in the Address
28Confidentiality for Reproductive Health Care Service Providers,
29Employees, Volunteers, and Patients program pursuant to Chapter
303.2 (commencing with Section 6215) of that division.

31(b) begin deleteAny end deletebegin insertA end insertperson granted confidentiality under subdivision (a)
32shall:

33(1) Be considered a vote by mail voter for all subsequent
34elections or until the county elections official is notified otherwise
35by the Secretary of State or in writing by the voter. A voter
36requesting termination of vote by mail status thereby consents to
37placement of his or her residence address, telephone number, and
38e-mail address in the roster of voters.

39(2) In addition to the required residence address, provide a valid
40mailing address to be used in place of the residence address for
P14   1election, scholarly, or political research, and government purposes.
2The elections official, in producingbegin delete anyend deletebegin insert aend insert list, roster, or index may,
3at his or her choice, use the valid mailing address or the word
4“confidential” or some similar designation in place of the residence
5address.

6(c) begin deleteNo end deletebegin insertAn end insertaction in negligencebegin delete mayend deletebegin insert shall notend insert be maintained
7againstbegin delete anyend deletebegin insert aend insert government entity or officer or employee thereof as
8a result of the disclosure of the information that is the subject of
9this section unless by a showing of gross negligence or willfulness.

10(d) Subdivisions (a) and (b) shall not apply to any person granted
11confidentiality upon receipt by the county elections official of a
12written notice by the address confidentiality program manager of
13the withdrawal, invalidation, expiration, or termination of the
14program participant’s certification.

15

SEC. 18.  

Section 2166.7 of the Elections Code is amended to
16read:

17

2166.7.  

(a) If authorized by his or her county board of
18supervisors, a county elections official shall, upon application of
19a public safety officer, make confidential that officer’s residence
20address, telephone number, and e-mail address appearing on the
21affidavit ofbegin delete registration, in accordance with the terms and
22conditions ofend delete
begin insert registration or the duplicate of the document that
23caused the voter to be registered to vote pursuant to subdivision
24(a) of Section 2101.5, pursuant toend insert
this section.

25(b) The application by the public safety officer shall contain a
26statement, signed under penalty of perjury, that the person is a
27public safety officer as defined in subdivision (f) and that a
28life-threatening circumstance exists to the officer or a member of
29the officer’s family. The application shall be a public record.

30(c) The confidentiality granted pursuant to subdivision (a) shall
31terminate no more than two years after commencement, as
32determined by the county elections official. The officer may submit
33a new application for confidentiality pursuant to subdivision (a),
34and the new request may be granted for an additional period of
35not more than two years.

36(d) begin delete Anyend deletebegin delete end deletebegin insertA end insertperson granted confidentiality under subdivision (a)
37shall:

38(1) Be considered a vote by mail voter for all subsequent
39elections or until the county elections official is notified otherwise
40by the Secretary of State or in writing by the voter. A voter
P15   1requesting termination of vote by mail status thereby consents to
2placement of his or her residence address, telephone number, and
3e-mail address in the roster of voters.

4(2) In addition to the required residence address, provide a valid
5mailing address to be used in place of the residence address for
6election, scholarly, or political research, and government purposes.
7The elections official, in producing any list, roster, or index may,
8at his or her choice, use the valid mailing address or the word
9“confidential” or some similar designation in place of the residence
10address.

11(e) begin delete Noend deletebegin delete end deletebegin insertAn end insertaction in negligencebegin delete mayend deletebegin insert shall notend insert be maintained
12againstbegin delete anyend deletebegin insert aend insert government entity or officer or employee thereof as
13a result of the disclosure of the information that is the subject of
14this section unless by a showing of gross negligence or willfulness.

15(f) “A public safety officer” has the same meaning asbegin insert a public
16safety official asend insert
defined in subdivision (a), (d), (e), (f), or (j) of
17Section 6254.24 of the Government Code.

18

SEC. 19.  

Section 2167 of the Elections Code is amended to
19read:

20

2167.  

begin insert(a)end insertbegin insertend insertUpon the personal or written application ofbegin delete anyend deletebegin insert aend insert
21 person, the county elections official shall, at a fee not to exceed
22one dollar and fifty cents ($1.50), provide the applicant with a
23certified copy of the entries upon the register relating to the
24applicant.

begin insert end insert
25begin insert(b)end insertbegin insertend insertA certified copy of an uncanceled affidavit of registration
26begin insert or a certified copy of an uncanceled document that caused the
27voter to be registered to vote pursuant to subdivision (a) of Section
282101.5end insert
is prima facie evidence that the person named in the entry
29is a voter of the county.

30

SEC. 20.  

Section 2180 of the Elections Code is amended to
31read:

32

2180.  

(a) At least once, and more often if he or she deems it
33necessary, within each two-year period commencing on the first
34day of January in each odd-numbered year, the county elections
35official shall have printed a complete index, by precinct, to the
36affidavits of registrationbegin insert and the duplicates of the documents that
37caused voters to be registered to vote pursuant to subdivision (a)
38of Section 2101.5end insert
current at the date of printing.

39(b) (1) The index shall contain the name, address, residence
40telephone number if furnished, and politicalbegin delete affiliationend deletebegin insert party
P16   1preferenceend insert
of eachbegin delete voter,end deletebegin insert voter if furnished,end insert and also a ruled space
2to the left of each name, within which to write, in figures, the line
3number designating the position of the name of the voter on the
4roster of voters.

5(2) The name shall include the given name and the middle name
6or initials, if any. At the affiant’s option, the given name may be
7preceded by the designation “Miss,” “Ms.,” “Mrs.,” or “Mr.”

8(c) The index shall be printed in a size no smaller than
9eight-point roman type on eight-point body and shall be arranged
10in alphabetical order in accordance with the surnames of the voters.

11(d) A space of not less than one-quarter inch or one line of
12printing shall be left between the names of voters beginning with
13one letter of the alphabet and those starting with the next letter of
14the alphabet.

15(e) Supplements of the same content and style may be printed
16as need for them appears.

17

SEC. 21.  

Section 2181 of the Elections Code is amended to
18read:

19

2181.  

In addition to printing a complete index within and for
20each two-year period, as provided in Section 2180, the county
21elections official may print and maintain one complete and
22continuing index, by precinct, to the affidavits of registration and
23begin insert the duplicates of the documents that caused voters to be registered
24to vote pursuant to subdivision (a) of Section 2101.5 andend insert
keep the
25index current by supplements and deletions as provided in Sections
262180 and 2183, and by reprinting portions of the index by precinct,
27as the need appears, the reprinted portions to contain the same
28information concerning each voter and to be in the same style,
29spacing, and type of print as provided in Section 2180.

30

SEC. 22.  

Section 2183 of the Elections Code is amended to
31read:

32

2183.  

begin insert(a)end insertbegin insertend insertThe elections official shall supply copies of the index
33and of supplements to the index, necessary to bring it up to date,
34forbegin delete all electionsend deletebegin insert an electionend insert to be held within the county. The
35county elections official shall also supply as many copies of the
36index and supplements, not to exceed four in number, as may be
37requested by the elections official of a city, schoolbegin delete districtend deletebegin insert district,end insert
38 or other body. The name ofbegin delete eachend deletebegin insert aend insert voter whose affidavit of
39registrationbegin insert or registration made pursuant to subdivision (a) of
40Section 2101.5end insert
has been canceled shall be lined out of the index
P17   1and supplement. The county elections official may charge an
2amountbegin delete asend deletebegin insert thatend insert will reimburse the county for the expense incurred
3in preparing and furnishingbegin insert aend insert lined outbegin delete indexesend deletebegin insert indexend insert of
4registrations and supplements other than for those provided for by
5Sections 2180 and 2182.

begin insert end insert
6begin insert(b)end insertbegin insertend insertIn the case of a municipal election, an index provided
7pursuant to this section shall be supplied to the city elections
8official not less than 25 days prior to the day of the election for
9which it is provided. If the index does not contain the names of all
10people eligible to vote in the election, the county elections official
11shall supply a supplement to the index, including all voters who
12registered after the 54th day before the election, not less than seven
13 days prior to the election for which it is provided.

14

SEC. 23.  

Section 2187 of the Elections Code is amended to
15read:

16

2187.  

(a) begin deleteEach end deletebegin insertA end insertcounty elections official shall send to the
17Secretary of State, in a format described by the Secretary of State,
18a summary statement of the number of voters in the county. The
19statement shall show the total number of voters in the county, the
20number registered asbegin delete affiliated withend deletebegin insert preferringend insert each qualified
21political party, the number registered in nonqualified parties, and
22the number who declined to statebegin delete anyend deletebegin insert aend insert partybegin delete affiliation.end deletebegin insert preference,
23and the number who have been registered as having no party
24affiliation because of registration of the voter pursuant to
25subdivision (a) of Section 2101.5.end insert
The statement shall also show
26the number of voters, by politicalbegin delete affiliationsend deletebegin insert preferenceend insert, in each
27city, supervisorial district, Assembly district, Senate district, and
28congressional district located in whole or in part within the county.

29(b) The Secretary of State, on the basis of the statements sent
30by the county elections officials and within 30 days after receiving
31those statements, shall compile a statewide list showing the number
32of voters, by partybegin delete affiliationsend deletebegin insert preferenceend insert, in the state and in each
33county, city, supervisorial district, Assembly district, Senate
34district, and congressional district in the state. A copy of this list
35shall be made available, upon request, to any elector in this state.

36(c) Each county that uses data-processing equipment to store
37the information set forth in the affidavit of registrationbegin insert or the
38duplicate of the document that caused a person to be registered
39to vote pursuant to subdivision (a) of Section 2101.5end insert
shall send to
40the Secretary of State one copy of the electronic data file with the
P18   1information requested by the Secretary of State. Each county that
2does not use data-processing storage shall send to the Secretary
3of State one copy of the index setting forth that information.

4(d) The summary statements and the electronic data file copy
5or the index shall be sent at the following times:

6(1) On the 135th day before each presidential primary and before
7each direct primary, with respect to voters registered on the 154th
8day before the primary election.

9(2) Not less than 50 days prior to the primary election, with
10respect to voters registered on the 60th day before the primary
11election.

12(3) Not less than seven days prior to the primary election, with
13respect to voters registered before the 14th day prior to the primary
14election.

15(4) Not less than 102 days prior to each presidential general
16election, with respect to voters registered before the 123rd day
17before the presidential general election.

18(5) Not less than 50 days prior to the general election, with
19respect to voters registered on the 60th day before the general
20election.

21(6) Not less than seven days prior to the general election, with
22respect to voters registered before the 14th day prior to the general
23election.

24(7) On or before March 1 of each odd-numbered year, with
25respect to voters registered as of February 10.

26(e) The Secretary of State may adopt regulations prescribing
27the content and format of the electronic data file or index referred
28to in subdivision (c) and containing the registered voter information
29begin delete from the affidavits of registrationend delete.

30(f) The Secretary of State may adopt regulations prescribing
31additional regular reporting times, except that the total number of
32reporting times in any one calendar year shall not exceed 12.

33(g) The Secretary of State shall make the information from the
34electronic data files or the printed indexes available, under
35conditions prescribed by the Secretary of State, to any candidate
36for federal, state, or local office, to any committee for or against
37any proposed ballot measure, to any committee for or against any
38initiative or referendum measure for which legal publication is
39made, and to any person for election, scholarly or political research,
40or governmental purposes as determined by the Secretary of State.

P19   1(h) For purposes of this section, “electronic data file” means
2either a magnetic tape or a data file in an alternative electronic
3format, at the discretion of the county elections official.

4

SEC. 24.  

Section 2189 of the Elections Code is amended to
5read:

6

2189.  

Before the day ofbegin delete anyend deletebegin insert anend insert election held throughout the
7county, the county elections official shall deliver to the precinct
8board in each precinct three copies of the index to the affidavits
9of registrationbegin insert and the duplicates of the documents that caused
10voters to be registered to vote pursuant to subdivision (a) of Section
112101.5end insert
for that precinct, with canceled names lined out and with
12necessary supplements to bring the index up to date. The index
13and supplements shall constitute the register to be used at the
14election.

15

SEC. 25.  

Section 2190 of the Elections Code is amended to
16read:

17

2190.  

begin insert(a)end insertbegin insertend insertIf the county elections official maintains tabulating
18cards containing the information set forth in the affidavits of
19registration ofbegin delete orend deletebegin insert voters and the duplicates of the documents that
20caused voters to be registered to vote pursuant to subdivision (a)
21of Section 2101.5, orend insert
sets forth that information on electronic data
22processing tape, he or she shall provide, upon request, not less
23than 30 days prior to each direct primary election and general
24election, one set of those cards or a copy of the tape to the county
25central committee of a party for all voters allowed to participate
26in the subsequent direct primary election or general election. The
27county elections official shall also furnish to the county central
28committee, not less than seven days prior to each direct primary
29election and general election, one set of those cards or a copy of
30the tape of those voters who registered after the 54th day before
31the election. The cards or tape shall be provided without charge,
32except that the county central committee shall provide a
33replacement for the tape.

begin insert end insert
34begin insert(b)end insertbegin insertend insertIn addition to those provided to county central committees,
35the county elections official shall provide, upon request, a set of
36cards or a copy of a tape to any candidate or committee specified
37in Section 2184, provided that the candidate or committee
38reimburses the county for whatever actual costs are involved in
39providing this service.

P20   1

SEC. 26.  

Section 2194 of the Elections Code is amended to
2read:

3

2194.  

(a) Except as provided in Section 2194.1, the voter
4registration card information identified in Section 6254.4 of the
5Government Code:

6(1) Shall be confidential and shall not appear on any computer
7terminal, list, affidavit, duplicate affidavit, or other medium
8routinely available to the public at the county elections official’s
9office.

10(2) Shall not be used for any personal, private, or commercial
11purpose, including, but not limited to:

12(A) The harassment of any voter or voter’s household.

13(B) The advertising, solicitation, sale, or marketing of products
14or services to any voter or voter’s household.

15(C) Reproduction in print, broadcast visual or audio, or display
16on the Internet or any computer terminal unless pursuant to
17paragraph (3).

18(3) Shall be provided with respect to any voter, subject to the
19provisions of Sections 2166.5, 2166.7, and 2188, to any candidate
20for federal, state, or local office, to any committee for or against
21any initiative or referendum measure for which legal publication
22is made, and to any person for election, scholarly, journalistic, or
23political purposes, or for governmental purposes, as determined
24by the Secretary of State.

25(b) (1) Notwithstanding any otherbegin delete provision ofend delete law, the
26California driver’s license number, the California identification
27card number, the social security number, and any other unique
28identifier used by the State of California for purposes of voter
29identification shown on a voter registration cardbegin insert end insertbegin insertor the duplicate
30of the document that caused a person to be registered to vote
31pursuant to subdivision (a) of Section 2101.5end insert
of a registered voter,
32or added to voter registration records to comply with the
33requirements of the federal Help America Vote Act of 2002 (42
34U.S.C. Sec. 15301 et seq.), are confidential and shall not be
35disclosed to any person.

36(2) Notwithstanding any otherbegin delete provision ofend delete law, the signature
37of the voter shown on the voter registration cardbegin insert or the duplicate
38of the document that caused a person to be registered to vote
39pursuant to subdivision (a) of Section 2101.5end insert
is confidential and
P21   1shall not be disclosed to any person, except as provided in
2subdivision (c).

3(c) (1) The home address or signature of any voter shall be
4released whenever the person’s vote is challenged pursuant to
5Sections 15105 to 15108, inclusive, or Article 3 (commencing
6with Section 14240) of Chapter 3 of Division 14. The address or
7signature shall be released only to the challenger, to elections
8officials, and to other persons as necessary to make, defend against,
9or adjudicate the challenge.

10(2) An elections official shall permit a person to view the
11signature of a voter for the purpose of determining whether the
12signature matches a signature on an affidavit of registrationbegin insert, the
13duplicate of the document that caused a person to be registered
14to vote pursuant to subdivision (a) of Section 2101.5,end insert
or a petition,
15but shall not permit a signature to be copied.

16(d) A governmental entity, or officer or employee thereof, shall
17not be held civilly liable as a result of disclosure of the information
18referred to in this section, unless by a showing of gross negligence
19or willfulness.

20(e) For the purposes of this section, “voter’s household” is
21defined as the voter’s place of residence or mailing address or any
22persons who reside at the place of residence or use the mailing
23address as supplied on the affidavit of registration pursuant to
24paragraphs (3) and (4) of subdivision (a) of Section 2150begin insert end insertbegin insertor the
25duplicate of the document that caused a person to be registered
26to vote pursuant to subdivision (a) of Section 2101.5end insert
.

27

SEC. 27.  

Section 2200 of the Elections Code is amended to
28read:

29

2200.  

The registration of a voter is permanent for all purposes
30during his or her life, unless and until thebegin delete affidavit ofend delete registration
31is canceled by the county elections official for any of the causes
32specified in this article.

33

SEC. 28.  

Section 2202 of the Elections Code is amended to
34read:

35

2202.  

(a) The county elections official shall preserve all
36uncanceled affidavits of registrationbegin insert and duplicates of the
37documents that caused voters to be registered to vote pursuant to
38subdivision (a) of Section 2101.5end insert
in a secure manner that will
39protect the confidentiality of the voter information consistent with
40Section 2194.

P22   1The affidavits of registrationbegin insert and duplicates of the documents
2that caused voters to be registered to vote pursuant to subdivision
3(a) of Section 2101.5end insert
shall constitute the register required to be
4kept by Article 5 (commencing with Section 2180) of Chapter 2.

5(b) In lieu of maintaining uncanceled affidavits ofbegin delete registration,end delete
6begin insert registration andend insert thebegin insert duplicates of the documents that caused voters
7to be registered to vote pursuant to subdivision (a) of Section
82101.5, theend insert
county elections official may, following the first general
9election after the date of registration, microfilm, record on optical
10disc, or record onbegin delete any otherend deletebegin insert anotherend insert electronic medium that does
11not permitbegin delete additions, deletions,end deletebegin insert an addition, deletion,end insert orbegin delete changesend delete
12begin insert changeend insert to the original document, the uncanceled affidavits of
13begin delete registration. Any such useend deletebegin insert registration and the duplicatesend insert ofbegin insert the
14documents that caused voters to be registered to vote pursuant to
15subdivision (a) of Section 2101.5. Use ofend insert
an electronic medium to
16record uncanceled affidavitsbegin insert of registration and the duplicates of
17the documents that caused voters to be registered to vote pursuant
18to subdivision (a) of Section 2101.5end insert
shall protect the security and
19confidentiality of the voter information. The county elections
20official may dispose ofbegin delete anyend delete uncanceled affidavits of registration
21begin insert and the duplicates of the documents that caused voters to be
22registered to vote pursuant to subdivision (a) of Section 2101.5end insert

23 transferred pursuant to this section. The disposal ofbegin delete anyend delete uncanceled
24affidavitsbegin insert and the duplicates of the documents that caused voters
25to be registered to vote pursuant to subdivision (a) of Section
262101.5end insert
shall be performed in a manner that does not compromise
27the security or confidentiality of the voter information contained
28therein.begin delete Anyend deletebegin insert Aend insert mediumbegin delete utilizedend deletebegin insert usedend insert by the county elections
29official shall meet the minimum standards, guidelines, or both, as
30recommended by the American National Standards Institute or the
31Association of Information and Image Management. For purposes
32of this section, a duplicate copy of an affidavit of registration shall
33be deemed an original.

34

SEC. 29.  

Section 2203 of the Elections Code is amended to
35read:

36

2203.  

(a) Cancellation is made by writing or stamping on the
37affidavit of registrationbegin insert orend insert thebegin insert duplicate of the document that
38caused the voter to be registered to vote pursuant to subdivision
39(a) of Section 2101.5 theend insert
word “canceled,” the reason thebegin delete affidavitend delete
40begin insert registrationend insert was canceled, and the date of cancellation.

P23   1(b) Whenever a voter transfers his or her registration from one
2precinct to another precinct in the same county, or reregisters in
3another precinct in the same county as shown by the new affidavit
4of registration, the county elections official shall immediately
5cancel thebegin delete affidavit ofend delete registration from the precinct in which the
6voter was first registered, and shall remove thebegin delete affidavitend delete
7begin insert registrationend insert from the file of uncanceledbegin delete affidavits.end deletebegin insert registrations.end insert

8(c) Except as provided in Section 2119, whenever a voter
9removes from one county to another county and registers in the
10latter county, the county elections official of the county in which
11he or she was first registered, upon being informed of his or her
12removal either by the voter personally or by receipt of a notice of
13reregistration under Section 2118, shall likewise cancel his or her
14registration and remove thebegin delete affidavit ofend delete registration in that county.

15(d) The county elections official in distributing to each precinct
16the three indexes of registration, as required by Section 2189, shall
17cross out of those indexes thebegin delete namesend deletebegin insert nameend insert ofbegin delete all votersend deletebegin insert a voterend insert
18 whosebegin delete affidavits ofend delete registration from the precinctbegin delete haveend deletebegin insert hasend insert been
19canceled.

20

SEC. 30.  

Section 2204 of the Elections Code is amended to
21read:

22

2204.  

Notwithstanding any otherbegin delete provision ofend delete law, whenever
23a voter changes his or her residence within the same precinct, the
24voter’sbegin delete affidavit ofend delete registration shall not bebegin delete cancelled.end deletebegin insert canceled.end insert
25 Whenever notified by the voter, the elections official shall change
26the voter’s affidavit of registrationbegin insert or the duplicate of the document
27that caused the voterend insert
tobegin insert be registered to vote pursuant to
28subdivision (a) of Section 2101.5 toend insert
reflect the new residence
29address within the same precinct.

30

SEC. 31.  

Section 2205 of the Elections Code, as enacted by
31Section 2 of Chapter 920 of the Statutes of 1994, is amended to
32read:

33

2205.  

The local registrar of births and deaths shall notify the
34county elections official not later than the 15th day of each month
35of all deceased persons 18 years of age and over, whose deaths
36were registered with him or her or of whose deaths he or she was
37notified by the state registrar of vital statistics during the preceding
38month. This notification shall include at least the name, sex, age,
39birthplace, birthdate, place of residence, date and place of death
40of each decedent.

P24   1The county elections official shall cancel thebegin delete affidavit ofend deletebegin insert voterend insert
2 registration of each deceased voter.

3

SEC. 32.  

Section 2205 of the Elections Code, as amended by
4Section 5 of Chapter 364 of the Statutes of 2009, is amended to
5read:

6

2205.  

The local registrar of births and deaths shall notify the
7county elections official not later than the 15th day of each month
8of all deceased persons 17 years of age and over, whose deaths
9were registered with him or her or of whose deaths he or she was
10notified by the State Registrar of Vital Statistics during the
11preceding month. This notification shall include at least the name,
12sex, age, birthplace, birth date, place of residence, and date and
13place of death of each decedent.

14The county elections official shall cancel thebegin delete affidavit ofend deletebegin insert voterend insert
15 registration of the deceased voter.

16

SEC. 33.  

Section 2206 of the Elections Code is amended to
17read:

18

2206.  

The Secretary of State shall adopt regulations to facilitate
19the availability of death statistics from the State Department of
20begin delete Health Services.end deletebegin insert Public Health.end insert The data shall be used by county
21elections officials in canceling thebegin delete affidavit ofend deletebegin insert voterend insert registration
22of deceased persons.

23

SEC. 34.  

Section 2212 of the Elections Code is amended to
24read:

25

2212.  

The clerk of the superior court ofbegin delete eachend deletebegin insert theend insert county, on
26the basis of the records of the court, shall furnish to the chief
27elections official of the county, not less frequently than the first
28day of April and the first day of September of each year, a
29statement showing the names, addresses, and dates of birth of all
30persons who have been convicted of felonies since the clerk’s last
31report. The elections official shall, during the first week of April
32and the first week of September in each year, cancel thebegin delete affidavits
33ofend delete
begin insert voterend insert registration of those persons who are currently imprisoned
34or on parole for the conviction of a felony. The clerk shall certify
35the statement under the seal of the court.

36

SEC. 35.  

Section 2221 of the Elections Code is amended to
37read:

38

2221.  

(a) Based on the postalbegin delete noticesend deletebegin insert noticeend insert on the returned
39residency confirmationbegin delete postcardsend deletebegin insert postcardend insert received pursuant to
P25   1Section 2220, the county elections official shall take the following
2actions:

3(1) Thebegin delete affidavits ofend deletebegin insert voterend insert registration ofbegin delete personsend deletebegin insert a personend insert whose
4residency confirmationbegin delete postcards areend deletebegin insert postcard isend insert returned by the
5post office as undeliverable and whobegin delete haveend deletebegin insert hasend insert no forwarding
6address shall be placed in the inactive file pursuant to paragraph
7(2) of subdivision (a) of Section 2226.begin delete These personsend deletebegin insert This personend insert
8 shall be mailed the confirmationbegin delete noticesend deletebegin insert noticeend insert described in
9subdivision (d) of Section 2225.

10(2) Thebegin delete affidavits ofend deletebegin insert voterend insert registration ofbegin delete personsend deletebegin insert a personend insert for
11whombegin insert aend insert forwardingbegin delete addressesend deletebegin insert addressend insert within the countybegin delete areend deletebegin insert isend insert
12 received shall be corrected to reflect the new address provided by
13the post office.

14(3) Thebegin delete affidavits ofend deletebegin insert voterend insert registration ofbegin delete personsend deletebegin insert a personend insert for
15whombegin insert aend insert forwardingbegin delete addressesend deletebegin insert addressend insert outside of the countybegin delete areend delete
16begin insert isend insert received shall be placed in the inactive file pursuant to paragraph
17(2) of subdivision (a) of Section 2226.begin delete These personsend deletebegin insert This personend insert
18 shall be mailed the confirmationbegin delete noticesend deletebegin insert noticeend insert described in
19subdivision (c) of Section 2225.

20(b) begin delete Blank affidavitsend deletebegin insert A blank affidavitend insert of registration shall
21immediately be mailed to thebegin delete addressesend deletebegin insert addressend insert from whichbegin insert aend insert
22 voterbegin delete registrations wereend deletebegin insert registration wasend insert canceled or changed
23pursuant to this section.

24(c) begin delete Allend deletebegin insert Anend insert addressbegin delete corrections and cancellationsend deletebegin insert correction or
25cancellationend insert
ofbegin delete affidavits ofend deletebegin insert a voterend insert registration made pursuant to
26this section shall be reflected on the voter index as required by
27Section 2191.

28

SEC. 36.  

Section 3006 of the Elections Code is amended to
29read:

30

3006.  

(a) A printed application that is to be distributed to a
31voter for requesting a vote by mail voter’s ballot shall inform the
32voter that the application for the vote by mail voter’s ballot must
33be received by the elections official not later than seven days prior
34to the date of the election and shall contain spaces for the
35following:

36(1) The printed name and residence address of the voter as it
37appears on the affidavit of registrationbegin insert or the duplicate of the
38document that caused the voter to be registered to vote pursuant
39to subdivision (a) of Section 2101.5end insert
.

40(2) The address to which the ballot is to be mailed.

P26   1(3) The voter’s signature.

2(4) The name and date of the election for which the request is
3to be made.

4(b) (1) The information required by paragraphs (1) and (4) of
5subdivision (a) may be preprinted on the application. The
6information required by paragraphs (2) and (3) of subdivision (a)
7shall be personally affixed by the voter.

8(2) An address, as required by paragraph (2) of subdivision (a),
9may not be the address of a political party, a political campaign
10headquarters, or a candidate’s residence. However, a candidate,
11his or her spouse, immediate family members, and any other voter
12who shares the same residence address as the candidate may request
13that a vote by mail ballot be mailed to the candidate’s residence
14 address.

15(3) An application that contains preprinted information shall
16contain a conspicuously printed statement substantially similar to
17the following: “You have the legal right to mail or deliver this
18application directly to the local elections official of the county
19where you reside.”

20(c) The application shall inform the voter that if he or she has
21declined to disclose a preference for a political party, the voter
22may request a vote by mail ballot for a particular political party
23for the partisan primary election, if that political party has adopted
24a party rule, duly noticed to the Secretary of State, authorizing that
25vote. The application shall contain a toll-free telephone number,
26established by the Secretary of State, that the voter may call to
27access information regarding which political parties have adopted
28such a rule. The application shall contain a checkoff box with a
29 conspicuously printed statement that reads substantially similar to
30the following: “I have declined to disclose a preference for a
31qualified political party. However, for this primary election only,
32I request a vote by mail ballot for the _________ Party.” The name
33of the political party shall be personally affixed by the voter.

34(d) The application shall provide the voter with information
35concerning the procedure for establishing permanent vote by mail
36voter status, and the basis upon which permanent vote by mail
37voter status is claimed.

38(e) The application shall be attested to by the voter as to the
39truth and correctness of its content, and shall be signed under
40penalty of perjury.

P27   1

SEC. 37.  

Section 3007.5 of the Elections Code is amended to
2read:

3

3007.5.  

(a) The Secretary of State shall prepare and distribute
4to appropriate elections officials a uniform electronic application
5format for a vote by mail voter’s ballot that conforms to this
6section.

7(b) The uniform electronic application shall inform the voter
8that the application for the vote by mail voter’s ballot must be
9received by the elections official not later than seven days prior
10to the date of the election and shall contain spaces for at least the
11following information:

12(1) The name and residence address of the registered voter as
13it appears on the affidavit of registrationbegin insert or the duplicate of the
14document that caused the voter to be registered to vote pursuant
15to subdivision (a) of Section 2101.5end insert
.

16(2) The address to which the ballot is to be mailed.

17(3) The name and date of the election for which the request is
18made.

19(4) The date of birth of the registered voter.

20(c) The uniform electronic application shall inform the voter
21that if he or she has declined to disclose a preference for a political
22party, the voter may request a vote by mail ballot for a particular
23political party for the partisan primary election, if that political
24party has adopted a party rule, duly noticed to the Secretary of
25State, authorizing that vote. The application shall contain a toll-free
26telephone number, established by the Secretary of State, that the
27voter may call to access information regarding which political
28parties have adopted such a rule. The application shall list the
29parties that have notified the Secretary of State of the adoption of
30such a rule. The application shall contain a checkoff box with a
31conspicuously printed statement that reads substantially similar to
32the following: “I have declined to disclose a preference for a
33qualified political party. However, for this primary election only,
34I request a vote by mail ballot for the ____ Party.” The name of
35the political party shall be personally affixed by the voter.

36(d) The uniform electronic application shall contain a
37conspicuously printed statement substantially similar to the
38following: “Only the registered voter himself or herself may apply
39for a vote by mail ballot. An application for a vote by mail ballot
P28   1made by a person other than the registered voter is a criminal
2offense.”

3(e) The uniform electronic application shall include a statement
4substantially similar to the following: “A ballot will not be sent to
5you if this application is incomplete or inaccurate.”

6(f) The uniform electronic application format shall not permit
7the form to be electronically submitted unless all of the information
8required to complete the application is contained in the appropriate
9fields.

10

SEC. 38.  

Section 3009 of the Elections Code is amended to
11read:

12

3009.  

(a) Upon receipt ofbegin delete anyend deletebegin insert aend insert vote by mail ballot application
13signed by the voter that arrives within the proper time, the elections
14official should determine if the signature and residence address
15on the ballot application appear to be the same as that on the
16original affidavit ofbegin delete registration.end deletebegin insert registration or the duplicate of
17the document that caused the voter to be registered to vote pursuant
18to subdivision (a) of Section 2101.5.end insert
The elections official may
19make this signature check upon receiving the voted ballot, but the
20signature must be compared before the vote by mail voter ballot
21is canvassed.

22(b) If the elections official deems the applicant entitled to a vote
23by mail voter’s ballot he or she shall deliver by mail or in person
24the appropriate ballot. The ballot may be delivered to the applicant,
25his or her spouse, child, parent, grandparent, grandchild, or sibling,
26or a person residing in the same household as the vote by mail
27voter, except that in no case shall the ballot be delivered to an
28individual under 16 years of age. The elections official shall deliver
29the vote by mail ballot to the applicant’s spouse, child, parent,
30grandparent, grandchild, or sibling, or a person residing in the
31same household as the vote by mail voter only if that person signs
32a statement attested to under penalty of perjury that provides the
33name of the applicant and his or her relationship to the applicant,
34and affirms that he or she is 16 years of age or older, and is
35authorized by the applicant to deliver the vote by mail ballot.

36(c) begin insert(1)end insertbegin insertend insertIf the elections official determines that an application
37does not contain all of the information prescribed in Section 3001
38or 3006, or for any other reason is defective, and the elections
39official is able to ascertain the voter’s address, the elections official
40shall, within one working day of receiving the application, mail
P29   1the voter a vote by mail voter’s ballot together with a notice. The
2notice shall inform the voter that the voter’s vote by mail voter’s
3ballot shall not be counted unless the applicant provides the
4elections official with the missing information or corrects the
5defects prior to, or at the time of, receipt of the voter’s executed
6vote by mail voter’s ballot. The notice shall specifically inform
7the voter of the information that is required or the reason for the
8defects in the application, and shall state the procedure necessary
9to remedy the defective application.

begin insert end insert
10begin insert(2)end insertbegin insertend insertIf the voter substantially complies with the requirements
11contained in the elections official’s notice, the voter’s ballot shall
12be counted.

13begin insert(3)end insertbegin insertend insertIn determining from the records of registration if the
14signature and residence address on the application appear to be
15the same as that on the original affidavit ofbegin delete registration,end deletebegin insert registration
16orend insert
thebegin insert duplicate of the document that caused the voter to be
17registered to vote pursuant to subdivision (a) of Section 2101.5,
18theend insert
elections official or registrar of voters may use the duplicate
19file ofbegin delete affidavits ofend delete registered voters or the facsimiles of voter’s
20signatures, provided that the method of preparing and displaying
21the facsimiles complies withbegin insert theend insert law.

22

SEC. 39.  

Section 3011 of the Elections Code is amended to
23read:

24

3011.  

(a) The identification envelope shall contain all of the
25following:

26(1) A declaration, under penalty of perjury, stating that the voter
27resides within the precinct in which he or she is voting and is the
28person whose name appears on the envelope.

29(2) The signature of the voter.

30(3) The residence address of the voter as shown on the affidavit
31ofbegin delete registration.end deletebegin insert registration or the duplicate of the document that
32caused the voter to be registered to vote pursuant to subdivision
33(a) of Section 2101.5.end insert

34(4) The date of signing.

35(5) A notice that the envelope contains an official ballot and is
36to be opened only by the canvassing board.

37(6) A warning plainly stamped or printed on it that voting twice
38constitutes a crime.

P30   1(7) A warning plainly stamped or printed on it that the voter
2must sign the envelope in his or her own handwriting in order for
3the ballot to be counted.

4(8) A statement that the voter has neither applied, nor intends
5to apply, for a vote by mail voter’s ballot from any other
6jurisdiction for the same election.

7(9) The name of the person authorized by the voter to return the
8vote by mail ballot pursuant to Section 3017.

9(10) The relationship to the voter of the person authorized to
10return the vote by mail ballot.

11(11) The signature of the person authorized to return the vote
12by mail ballot.

13(b) Except at a primary election for partisan office, and
14notwithstanding any other provision of law, the vote by mail voter’s
15party affiliation may not be stamped or printed on the identification
16envelope.

17

SEC. 40.  

Section 3013 of the Elections Code is amended to
18read:

19

3013.  

Upon delivering or mailing a vote by mail voter’s ballot,
20the elections official shall enter on the application of the vote by
21mail voter, or on the affidavit ofbegin delete registration,end deletebegin insert registration orend insert the
22begin insert duplicate of the document that caused the voter to be registered
23to vote pursuant to subdivision (a) of Section 2101.5, theend insert
type of
24ballot and the date of delivering or mailing. Before the election
25the elections official shall send to the inspector of each precinct
26in his or her county or city a list of the voters in that precinct
27applying for and receiving ballots underbegin delete the provisions ofend delete this
28chapter.

29

SEC. 41.  

Section 3019 of the Elections Code is amended to
30read:

31

3019.  

(a) Upon receipt of a vote by mail ballot, the elections
32official shall compare the signature on the identification envelope
33with either of the following to determine whether the signatures
34compare:

35(1) The signature appearing on the voter’s affidavit of
36registration or any previous affidavit of registration of the voterbegin insert end insert
37begin insertor the duplicate of the document that caused the voter to be
38registered to vote pursuant to subdivision (a) of Section 2101.5end insert
.

39(2) The signature appearing on a form issued by an elections
40official that contains the voter’s signature, that is part of the voter’s
P31   1registration record, and that the elections official has determined
2compares with the signature on the voter’s affidavit of registration
3or any previous affidavit of registration of the voterbegin insert end insertbegin insertor the duplicate
4of the document that caused the voter to be registered to vote
5pursuant to subdivision (a) of Section 2101.5end insert
. The elections official
6may make this determination by reviewing a series of signatures
7appearing on official forms in the voter’s registration record that
8have been determined to compare, that demonstrates the
9progression of the voter’s signature, and makes evident that the
10signature on the identification envelope is that of the voter.

11(b) In comparing signatures pursuant to subdivision (a), the
12elections official may use the duplicate file of affidavits of
13registered votersbegin insert, the duplicate of the document that caused the
14voter to be registered to vote pursuant to subdivision (a) of Section
152101.5,end insert
or facsimiles of voters’ signatures, provided that the
16method of preparing and displaying the facsimiles complies with
17the law.

18(c) (1) If upon conducting the comparison of signatures pursuant
19to subdivision (a) the elections official determines that the
20signatures compare, he or she shall deposit the ballot, still in the
21identification envelope, in a ballot container in his or her office.

22(2) If upon conducting the comparison of signatures pursuant
23to subdivision (a) the elections official determines that the
24signatures do not compare, the identification envelope shall not
25be opened and the ballot shall not be counted. The cause of the
26rejection shall be written on the face of the identification envelope.

27(d) The variation of a signature caused by the substitution of
28initials for the first or middle name, or both, shall not be grounds
29for the elections official to determine that the signatures do not
30compare.

31(e) A ballot shall not be removed from its identification envelope
32until the time for processing ballots. A ballot shall not be rejected
33for cause after the identification envelope has been opened.

34

SEC. 42.  

Section 3021 of the Elections Code is amended to
35read:

36

3021.  

begin insert(a)end insertbegin insertend insertAfter the close of the period for requestingbegin insert aend insert vote
37by mail voterbegin delete ballotsend deletebegin insert ballotend insert by mailbegin delete anyend deletebegin insert aend insert voter unable to go to the
38polls because of illness or disability resulting in his or her
39confinement in a hospital, sanatorium, nursing home, or place of
40begin delete residence,end deletebegin insert residence;end insert orbegin delete anyend deletebegin insert aend insert voter unable because of a physical
P32   1handicap to go to his or her polling place or because of that
2handicap is unable to vote at his or her polling place due tobegin insert anend insert
3 existing architecturalbegin delete barriersend deletebegin insert barrierend insert at his or her polling place
4denying him or her physical access to the polling place, voting
5booth, or voting apparatus orbegin delete machinery,end deletebegin insert machinery;end insert orbegin delete anyend deletebegin insert aend insert voter
6unable to go to his or her polling place because ofbegin delete conditionsend deletebegin insert a
7conditionend insert
resulting in his or her absence from the precinct on
8election day may request in a written statement, signed under
9penalty ofbegin delete perjuryend deletebegin insert perjury,end insert that a ballot be delivered to him or her.
10This written statement shall not be required if the vote by mail
11ballot is voted in the office of the elections official as defined by
12subdivision (b) of Section 3018, at the time of the request. This
13ballot shall be delivered by the elections official tobegin delete anyend deletebegin insert anend insert
14 authorized representative of the voter who presents this written
15statement to the elections official.

begin insert end insert
16begin insert(b)end insertbegin insertend insertBefore delivering the ballot the elections official may
17compare the signature on the request with the signature on the
18voter’s affidavit ofbegin delete registration,end deletebegin insert registration or the duplicate of the
19document that caused the voter to be registered to vote pursuant
20to subdivision (a) of Section 2101.5,end insert
but in any event, the signature
21shall be compared before the vote by mail ballot is canvassed.

begin insert end insert
22begin insert(c)end insertbegin insertend insertThe voter shall mark the ballot, place it in the identification
23envelope, fill out and sign thebegin delete envelopeend deletebegin insert envelope,end insert and return the
24ballot, personally or through the authorized representative, to either
25the elections official orbegin delete anyend deletebegin insert aend insert polling place within the jurisdiction.

begin insert end insert
26begin insert(d)end insertbegin insertend insertThese ballots shall be processed and counted in the same
27manner as other vote by mail ballots.

28

SEC. 43.  

Section 3501 of the Elections Code is amended to
29read:

30

3501.  

A new citizen registering to vote after the close of
31registration shall provide the county elections official with proof
32of citizenship prior to voting, and shall declare that he or she has
33established residency in California. Upon receipt of proof of
34citizenship and California residency, the county elections official
35shall instate the affiant as a registered voter and include his or her
36affidavit of registration in the permanent file ofbegin delete affidavits.end deletebegin insert voter
37registrations.end insert

38

SEC. 44.  

Section 9094 of the Elections Code is amended to
39read:

P33   1

9094.  

(a) The Secretary of State shall mailbegin insert aend insert ballotbegin delete pamphletsend delete
2begin insert pamphletend insert tobegin delete voters,end deletebegin insert a voter,end insert in those instances in which the county
3elections official uses data processing equipment to store the
4information set forth in the affidavits ofbegin delete registration,end deletebegin insert registration
5and the duplicates of the documents that caused voters to be
6registered to vote pursuant to subdivision (a) of Section 2101.5,end insert

7 before the election at whichbegin delete measuresend deletebegin insert a measureend insert contained in the
8ballot pamphletbegin delete areend deletebegin insert isend insert to be voted on unless a voter has registered
9fewer than 29 days before the election. The mailing shall
10commence not less than 40 days before the election and shall be
11completed no later than 21 days before the election for those voters
12who registered on or before the 60th day before the election. The
13Secretary of State shall mail one copy of the ballot pamphlet to
14begin delete eachend deletebegin insert aend insert registered voter at the postal address stated on the voter’s
15affidavit ofbegin delete registration,end deletebegin insert registrationend insert or thebegin insert duplicate of the
16document that caused the voter to be registered to vote pursuant
17to subdivision (a) of Section 2101.5, or theend insert
Secretary of State may
18mail only one ballot pamphlet to two or more registered voters
19having the samebegin insert surname and the sameend insert postal address.

20(b) In those instances in which the county elections official does
21not utilize data processing equipment to store the information set
22forth in the affidavits ofbegin delete registration,end deletebegin insert registration andend insert thebegin insert duplicates
23of the documents that caused voters to be registered to vote
24pursuant to subdivision (a) of Section 2101.5, theend insert
Secretary of
25State shall furnish ballot pamphlets to the county elections official
26not less than 45 days before the election at whichbegin delete measuresend deletebegin insert a
27measureend insert
contained in the ballot pamphletbegin delete areend deletebegin insert isend insert to be voted on and
28the county elections official shall mailbegin insert aend insert ballotbegin delete pamphletsend deletebegin insert pamphletend insert
29 tobegin delete voters,end deletebegin insert a voter,end insert on the same dates and in the same manner
30provided by subdivision (a).

31(c) The Secretary of State shall provide for the mailing ofbegin insert aend insert
32 ballotbegin delete pamphletsend deletebegin insert pamphletend insert tobegin delete votersend deletebegin insert a voterend insert registering after the
3360th day before the election and before the 28th day before the
34election, by either: (1) mailing in the manner as provided in
35subdivision (a), or (2) requiring the county elections official to
36mailbegin insert aend insert ballotbegin delete pamphletsend deletebegin insert pamphletend insert tobegin delete those votersend deletebegin insert a voterend insert registering
37in the county after the 60th day before the election and before the
3828th day before the election pursuant tobegin delete the provisions ofend delete this
39section. The second mailing of ballot pamphlets shall be completed
40no later than 10 days before the election. The county elections
P34   1official shall mail a ballot pamphlet tobegin delete anyend deletebegin insert aend insert person requesting a
2ballot pamphlet. Three copies, to be supplied by the Secretary of
3State, shall be kept at every polling place, while an election is in
4progress, so that they may be freely consulted by the voters.

5

SEC. 45.  

Section 14310 of the Elections Code, as amended by
6Section 1 of Chapter 611 of the Statutes of 2009, is amended to
7read:

8

14310.  

(a) At all elections, a voter claiming to be properly
9registered but whose qualification or entitlement to vote cannot
10be immediately established upon examination of the index of
11registration for the precinct or upon examination of the records on
12file with the county elections official, shall be entitled to vote a
13provisional ballot as follows:

14(1) An elections official shall advise the voter of the voter’s
15right to cast a provisional ballot.

16(2) The voter shall be provided a provisional ballot, written
17instructions regarding the process and procedures for casting the
18provisional ballot, and a written affirmation regarding the voter’s
19registration and eligibility to vote. The written instructions shall
20 include the information set forth in subdivisions (c) and (d).

21(3) The voter shall be required to execute, in the presence of an
22elections official, the written affirmation stating that the voter is
23eligible to vote and registered in the county where the voter desires
24to vote.

25(b) Once voted, the voter’s ballot shall be sealed in a provisional
26ballot envelope, and the ballot in its envelope shall be deposited
27in the ballot box. All provisional ballots voted shall remain sealed
28in their envelopes for return to the elections official in accordance
29with the elections official’s instructions. The provisional ballot
30envelopes specified in this subdivision shall be a color different
31than the color of, but printed substantially similar to, the envelopes
32used for vote by mail ballots, and shall be completed in the same
33manner as vote by mail envelopes.

34(c) (1) During the official canvass, the elections official shall
35examine the records with respect to all provisional ballots cast.
36Using the procedures that apply to the comparison of signatures
37on vote by mail ballots, the elections official shall compare the
38signature on each provisional ballot envelope with the signature
39on the voter’s affidavit of registrationbegin insert end insertbegin insertor the duplicate of the
40document that caused the voter to be registered to vote pursuant
P35   1to subdivision (a) of Section 2101.5end insert
. If the signatures do not
2compare or the provisional ballot envelope is not signed, the ballot
3shall be rejected. A variation of the signature caused by the
4substitution of initials for the first or middle name, or both, shall
5 not invalidate the ballot.

6(2) Provisional ballots shall not be included in any semiofficial
7or official canvass, except upon: (A) the elections official’s
8establishing prior to the completion of the official canvass, from
9the records in his or her office, the claimant’s right to vote; or (B)
10the order of a superior court in the county of the voter’s residence.
11A voter may seek the court order specified in this paragraph
12regarding his or her own ballot at any time prior to completion of
13the official canvass. Any judicial action or appeal shall have
14priority over all other civil matters. No fee shall be charged to the
15claimant by the clerk of the court for services rendered in an action
16under this section.

17(3) The provisional ballot of a voter who is otherwise entitled
18to vote shall not be rejected because the voter did not cast his or
19her ballot in the precinct to which he or she was assigned by the
20elections official.

21(A) If the ballot cast by the voter contains the same candidates
22and measures on which the voter would have been entitled to vote
23in his or her assigned precinct, the elections official shall count
24the votes for the entire ballot.

25(B) If the ballot cast by the voter contains candidates or
26measures on which the voter would not have been entitled to vote
27in his or her assigned precinct, the elections official shall count
28only the votes for the candidates and measures on which the voter
29was entitled to vote in his or her assigned precinct.

30(d) The Secretary of State shall establish a free access system
31that any voter who casts a provisional ballot may access to discover
32whether the voter’s provisional ballot was counted and, if not, the
33reason why it was not counted.

34(e) The Secretary of State may adopt appropriate regulations
35for purposes of ensuring the uniform application of this section.

36(f) This section shall apply to any vote by mail voter described
37by Section 3015 who is unable to surrender his or her unvoted vote
38by mail voter’s ballot.

39(g) Any existing supply of envelopes marked “special challenged
40ballot” may be used until the supply is exhausted.

P36   1

SEC. 46.  

Section 14310 of the Elections Code, as amended by
2Section 3 of Chapter 497 of the Statutes of 2012, is amended to
3read:

4

14310.  

(a) At all elections, a voter claiming to be properly
5registered, but whose qualification or entitlement to vote cannot
6be immediately established upon examination of the index of
7registration for the precinct or upon examination of the records on
8file with the county elections official, shall be entitled to vote a
9provisional ballot as follows:

10(1) An elections official shall advise the voter of the voter’s
11right to cast a provisional ballot.

12(2) The voter shall be provided a provisional ballot, written
13instructions regarding the process and procedures for casting the
14ballot, and a written affirmation regarding the voter’s registration
15and eligibility to vote. The written instructions shall include the
16information set forth in subdivisions (c) and (d).

17(3) The voter shall be required to execute, in the presence of an
18elections official, the written affirmation stating that the voter is
19eligible to vote and registered in the county where the voter desires
20to vote.

21(b) Once voted, the voter’s ballot shall be sealed in a provisional
22ballot envelope, and the ballot in its envelope shall be deposited
23in the ballot box. All provisional ballots voted shall remain sealed
24in their envelopes for return to the elections official in accordance
25with the elections official’s instructions. The provisional ballot
26envelopes specified in this subdivision shall be of a color different
27than the color of, but printed substantially similar to, the envelopes
28used for vote by mail ballots, and shall be completed in the same
29manner as vote by mail envelopes.

30(c) (1) During the official canvass, the elections official shall
31examine the records with respect to all provisional ballots cast.
32Using the procedures that apply to the comparison of signatures
33on vote by mail ballots, the elections official shall compare the
34signature on each provisional ballot envelope with the signature
35on the voter’s affidavit of registrationbegin insert or the duplicate of the
36document that caused the voter to be registered to vote pursuant
37to subdivision (a) of Section 2101.5end insert
. If the signatures do not
38compare or the provisional ballot envelope is not signed, the ballot
39shall be rejected. A variation of the signature caused by the
P37   1substitution of initials for the first or middle name, or both, shall
2not invalidate the ballot.

3(2) (A) Provisional ballots shall not be included in any
4semiofficial or official canvass, except under one or more of the
5following conditions:

6(i) The elections official establishes prior to the completion of
7the official canvass, from the records in his or her office, the
8claimant’s right to vote.

9(ii) The provisional ballot has been cast and included in the
10canvass pursuant to Article 4.5 (commencing with Section 2170)
11of Chapter 2 of Division 2.

12(iii) Upon the order of a superior court in the county of the
13voter’s residence.

14(B)  A voter may seek the court order specified in this paragraph
15regarding his or her own ballot at any time prior to completion of
16the official canvass. Any judicial action or appeal shall have
17priority over all other civil matters. No fee shall be charged to the
18claimant by the clerk of the court for services rendered in an action
19under this section.

20(3) The provisional ballot of a voter who is otherwise entitled
21to vote shall not be rejected because the voter did not cast his or
22her ballot in the precinct to which he or she was assigned by the
23elections official.

24(A) If the ballot cast by the voter contains the same candidates
25and measures on which the voter would have been entitled to vote
26in his or her assigned precinct, the elections official shall count
27the votes for the entire ballot.

28(B) If the ballot cast by the voter contains candidates or
29measures on which the voter would not have been entitled to vote
30in his or her assigned precinct, the elections official shall count
31only the votes for the candidates and measures on which the voter
32was entitled to vote in his or her assigned precinct.

33(d) The Secretary of State shall establish a free access system
34that any voter who casts a provisional ballot may access to discover
35whether the voter’s provisional ballot was counted and, if not, the
36reason why it was not counted.

37(e) The Secretary of State may adopt appropriate regulations
38for purposes of ensuring the uniform application of this section.

P38   1(f) This section shall apply to any vote by mail voter described
2by Section 3015 who is unable to surrender his or her unvoted vote
3by mail voter’s ballot.

4(g) Any existing supply of envelopes marked “special challenged
5ballot” may be used until the supply is exhausted.

6

SEC. 47.  

Section 16442 of the Elections Code is amended to
7read:

8

16442.  

After the affidavit is filed with the clerk of the superior
9court, a copy of the affidavit shall be personally served upon the
10defendant or sent to him or her by registered mail in a sealed
11envelope with postage prepaid, addressed to the defendant at the
12place of residence named in his or her affidavit ofbegin delete registration.end delete
13begin insert registration or the duplicate of the document that caused the voter
14to be registered to vote pursuant to subdivision (a) of Section
152101.5.end insert
The contestant shall make an affidavit of mailing if he or
16she serves the affidavit by mail, andbegin insert shallend insert file it on the same day
17with the county elections official.

18

SEC. 48.  

Section 16462 of the Elections Code is amended to
19read:

20

16462.  

No service other than as provided in this section need
21be made upon the defendant. The affidavit shall be filed in the
22office of the clerk of the superior court within five days after the
23completion of the official canvass. Upon the filing of thebegin delete affidavitend delete
24begin insert affidavit,end insert the county elections official shall forthwith post, in a
25conspicuous place in his or her office, a copy of the affidavit. Upon
26the filing of the affidavit and its posting, the superior court of the
27county shall have jurisdiction of the subject matter and of the
28parties to the contest. The contestant on the date of filing the
29affidavit shall send by registered mail a copy thereof to the
30defendant in a sealed envelope, with postage prepaid, addressed
31to the defendant at the place of residence named in the affidavit
32of registration of thebegin delete defendant,end deletebegin insert defendant or the duplicate of the
33document that caused the defendant to be registered to vote
34pursuant to subdivision (a) of Section 2101.5,end insert
and shall make and
35file an affidavit of mailing with the county elections official, which
36shall become a part of the records of the contest.

37

SEC. 49.  

Section 17000 of the Elections Code is amended to
38read:

39

17000.  

(a) The elections official shall preserve all canceled
40original affidavits of registrationbegin insert and the canceled duplicates of
P39   1the documents that caused voters to be registered to vote pursuant
2to subdivision (a) of Section 2101.5end insert
for a period of five years, after
3which they may be destroyed by that officer.

4(b) In lieu of preserving the canceled original affidavit of
5begin delete registration,end deletebegin insert registration orend insert thebegin insert duplicate of the document that
6caused the voter to be registered to vote pursuant to subdivision
7(a) of Section 2101.5, theend insert
elections official may, by filming or
8other suitable method, record the canceled affidavitbegin insert or the duplicate
9of the document that caused the voter to be registered to vote
10pursuant to subdivision (a) of Section 2101.5end insert
and destroy the
11affidavitbegin insert or the duplicate of the document that caused the voter to
12be registered to vote pursuant to subdivision (a) of Section 2101.5end insert

13 following the first general election after the date of cancellation.

14

SEC. 50.  

Section 17001 of the Elections Code is amended to
15read:

16

17001.  

The elections official shall keep a copy of the index to
17the affidavits of registrationbegin insert and the duplicates of the documents
18that caused voters to be registered to vote pursuant to subdivision
19(a) of Section 2101.5end insert
described in Section 2180 on file as a public
20record forbegin delete election,end deletebegin insert election andend insert political research, and
21governmentalbegin delete purposesend deletebegin insert purposes,end insert for a period of five years.

22

SEC. 51.  

Section 6254.4 of the Government Code is amended
23to read:

24

6254.4.  

(a) The home address, telephone number, e-mail
25address, precinct number, or other number specified by the
26Secretary of State for voter registration purposes, and prior
27registration information shown on the voter registration cardbegin insert or
28the duplicate of the document that caused the voter to be registered
29to vote pursuant to subdivision (a) of Section 2101.5end insert
forbegin delete allend deletebegin insert aend insert
30 registeredbegin delete voters, areend deletebegin insert voter, isend insert confidential and shall not be
31disclosed tobegin delete anyend deletebegin insert aend insert person, except pursuant to Section 2194 of the
32Elections Code.

33(b) For purposes of this section, “home address” means street
34address only, and does not include an individual’s city or post
35office address.

36(c) The California driver’s license number, the California
37identification card number, the social security number, and any
38other unique identifier used by the State of California for purposes
39of voter identification shown on a voter registration card of a
40registeredbegin delete voter,end deletebegin insert voterend insert orbegin insert the duplicate of the document that caused
P40   1the voter to be registered to vote pursuant to subdivision (a) of
2Section 2101.5, orend insert
added to the voter registration records to comply
3with the requirements of the Help America Vote Act of 2002 (42
4U.S.C. Sec. 15301 et seq.), are confidential and shall not be
5disclosed to any person.

6(d) The signature of the voter that is shown on the voter
7registration cardbegin insert or the duplicate of the document that caused the
8voter to be registered to vote pursuant to subdivision (a) of Section
92101.5end insert
is confidential and shall not be disclosed to any person.

10

SEC. 52.  

Section 23365 of the Government Code is amended
11to read:

12

23365.  

The elections official of the principal county shall
13furnish to the officers of each precinct the supplies and equipment
14as provided for in Sections 14105 and 14110 of the Elections Code.
15The elections official of each other affected county from which
16territory is proposed to be taken for the proposed county shall
17provide to the officers of each precinct the indexes of registration
18for the precincts of the proposed county within their respective
19county. In addition, the elections official may, with the approval
20of the board of supervisors, furnish the original books of affidavits
21of registrationbegin insert and the duplicates of the documents that caused
22voters to be registered to vote pursuant to subdivision (a)end insert
begin insert of Section
232101.5end insert
or other material necessary to verify signatures.

24

SEC. 53.  

Section 23374.13 of the Government Code is amended
25to read:

26

23374.13.  

The elections official of the principal county shall
27furnish to the officers of each precinct in the approved county the
28supplies and equipment as provided for in Sections 14105 and
2914110 of the Elections Code. The elections official of each other
30affected county shall provide to the officers of each precinct the
31indexes of registration for the precincts of the approved county
32within their respective county. In addition, the elections official
33may, with the approval of the board of supervisors, furnish the
34original books of affidavits of registrationbegin insert and the duplicates of
35the documents that caused voters to be registered to vote pursuant
36to subdivision (a)end insert
begin insert of Section 2101.5end insert or other material necessary to
37verify signatures.

38

SEC. 54.  

Section 57051 of the Government Code is amended
39to read:

P41   1

57051.  

begin insert(a)end insertbegin insertend insert At any time prior to the conclusion of the protest
2hearing in the notice given by the executive officer, but not
3thereafter,begin delete anyend deletebegin insert anend insert owner of land orbegin delete anyend deletebegin insert aend insert registered voter within
4inhabited territory that is the subject of a proposed change of
5organization or reorganization, orbegin delete anyend deletebegin insert anend insert owner of land within
6uninhabited territory that is the subject of a proposed change of
7organization or reorganization, may file a written protest against
8the change of organization or reorganization.begin delete Eachend deletebegin insert Aend insert written protest
9shall state whether it is made by a landowner or registered voter
10and shall include the same information that is required in a petition
11for a change of organization or reorganization, as specified in
12Section 56704begin insert, end insertbegin insertor the duplicate of the document that caused the
13voter to be registered to vote pursuant to subdivision (a) of Section
142101.5end insert
. Protests may be made on behalf of an owner of land by
15an agent authorized in writing by the owner to act as agent with
16respect to that land. Protests may be made on behalf of a private
17corporation which is an owner of land by any officer or employee
18of the corporation without written authorization by the corporation
19to act as agent in making that protest.

begin delete

20 Each

end delete

21begin insert(b)end insertbegin insertend insertbegin insertAend insert written protest shall show the date that each signature was
22affixed to the protest.begin delete All signaturesend deletebegin insert A signatureend insert without a date or
23bearing a date prior to the date of publication of the notice shall
24be disregarded for purposes of ascertaining the value ofbegin delete anyend deletebegin insert aend insert
25 writtenbegin delete protestsend deletebegin insert protestend insert.

26

SEC. 55.  

Section 12500.5 is added to the Vehicle Code, to
27read:

28

12500.5.  

(a) In addition to any other requirements set forth in
29this division, the application for a new or renewed California
30driver’s license, instruction permit, junior permit, or identification
31card shall:

32(1) Request the information to establish whether the applicant
33satisfies the requirements to be registered to vote pursuant to
34Section 2101 of the Elections Code.

35(2) Contain a method by which the applicant shall indicate
36whether he or she is registered to vote.

37(3) Contain a statement that, if the applicant satisfies the
38requirements to vote pursuant to Section 2101 of the Elections
39Code, he or she shall be registered to vote, unless he or she declines
P42   1to be registered to vote or has indicated that he or she is already
2registered to vote.

3(4) Contain a method by which the applicant may decline to be
4registered to vote.

5(5) Request any other information required by state or federal
6law for a person to be registered to vote.

7(b) The Department of Motor Vehicles shall transmit to the
8county elections official for the county in which the applicant
9resides a duplicate of the completed application for a new or
10renewed California driver’s license, instruction permit, junior
11permit, or identification card of the applicant if all of the following
12are satisfied:

13(1) The applicant has completed the application in its entirety.

14(2) The applicant has supplied sufficient information on the
15 application to indicate that he or she satisfies the requirements to
16be registered to vote.

17(3) The applicant has not indicated on the application that he
18or she is already registered to vote.

19(4) The applicant has not declined to be registered to vote on
20the application.

21(c) Except where a duty imposed by law requires otherwise, in
22implementing this section, the Department of Motor Vehicles shall
23comply with applicable federal and state law relating to privacy
24and confidentiality of the information collected, shall collect only
25the information necessary to implement this section, and shall not
26share the information collected pursuant to this section with another
27agency or person except for a purpose directly related to voter
28registration.

29(d) The Department of Motor Vehicles shall confer with the
30Secretary of State and shall develop applications for a new or
31 renewed California driver’s license, instruction permit, junior
32permit, and identification card that are in compliance with this
33section not later than July 1, 2015.

34

SEC. 56.  

Section 12950.5 of the Vehicle Code is amended to
35read:

36

12950.5.  

(a) The department shall requirebegin insert aend insert digitizedbegin delete signaturesend delete
37begin insert signatureend insert on each driver’s license. A digitized signature is an
38electronic representation of a handwritten signature.

39(b) The department shall provide to the Secretary of State the
40digitized signature ofbegin delete everyend deletebegin insert aend insert person who registers to vote on the
P43   1voter registration card provided by thebegin delete department.end deletebegin insert department or
2who completes an application for a new or renewed California
3driver’s license, instruction permit, junior permit, or identification
4card and does not decline to be registered to vote or has not
5indicated that he or she is already registered to vote.end insert

6(c) The department shall provide the Secretary of State with
7change-of-address information forbegin delete everyend deletebegin insert aend insert voter who indicates
8that he or she desires to have his or her address changed for voter
9registration purposes.

10

SEC. 57.  

Section 60211 of the Water Code is amended to read:

11

60211.  

begin delete Noend deletebegin insert Aend insert person shallbegin insert notend insert vote atbegin delete anyend deletebegin insert aend insert district election
12held under the provisions of this act who is not a voter within the
13meaning of the Elections Code, residing in the division of the
14district in which he or she casts his or her vote. For the purpose of
15registering voters who shall be entitled to vote at district elections,
16the county elections official is authorized, inbegin delete anyend deletebegin insert aend insert county in which
17there is a district, to indicate upon the affidavit of registrationbegin insert or
18the duplicate of the document that caused the voter to be registered
19to vote pursuant to subdivision (a) of Section 2101.5end insert
whether the
20voter is a voter of a district.

21

SEC. 58.  

If the Commission on State Mandates determines
22that this act contains costs mandated by the state, reimbursement
23to local agencies and school districts for those costs shall be made
24pursuant to Part 7 (commencing with Section 17500) of Division
254 of Title 2 of the Government Code.



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