SB 1061, as amended, 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 votebegin delete, unlessend deletebegin insert ifend insert the personbegin delete declinesend deletebegin insert end insertbegin insertprovides
written consentend insert to be registered to votebegin insert, as specifiedend insert. 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 electionbegin delete, unlessend deletebegin insert ifend insert the personbegin delete declinesend deletebegin insert
provides written consentend insert to be registered to vote on the application or formbegin insert, as specifiedend insert. The bill would require the Department of Motor Vehicles to sendbegin delete a duplicateend deletebegin insert an electronic copyend insert of each of these documentsbegin insert,end insertbegin insert with any information that is not required to register to vote redacted,end insert 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:
Section 105 of the Elections Code is amended to
2read:
(a) For purposes of verifying a signature on an initiative,
4referendum, recall, nomination, or other election petition or paper,
5the elections official shall determine that the residence address on
6the petition or paper is the same as the residence address on the
7affidavit of registration orbegin delete the duplicate ofend delete the document that caused
8the voter to be registered to vote pursuant to subdivision (a) of
9Section 2101.5. If the addresses are different, or if the petition or
10paper does not specify the residence address, or, in the case of an
11initiative or referendum petition, if the information specified in
12Section 9020 is not contained in the petition, the affected signature
13shall not be counted as valid.
14(b) A signature invalidated pursuant to this section shall not
15affect the validity of another valid signature on the particular
16petition or paper.
Section 2026 of the Elections Code is amended to read:
The domicile of a Member of the Legislature or a
19Representative in the Congress of the United States shall be
20conclusively presumed to be at the residence address indicated on
P4 1that person’s currently filed affidavit of registration orbegin delete the duplicate the document that caused the voter to be registered to vote
2ofend delete
3pursuant to subdivision (a) of Section 2101.5.
Section 2033 of the Elections Code is amended to read:
Whenever the house number or the mailing address of
6a voter has been changed and the voter’s domicile is the same, the
7public agency authorizing the change shall notify the county
8elections official in writing of the change and the county elections
9official shall make the change on the voter’s registration and a
10new registration shall not be required.
Section 2101.5 is added to the Elections Code, to read:
(a) A person who is notbegin insert currentlyend insert registered to vote
13and properly completes an application for a new or renewed
14California driver’s license, instruction permit, junior permit, or
15identification cardbegin insert andend insert who satisfies the requirements to be
16registered to vote shall be registered to votebegin delete, unlessend deletebegin insert ifend insert that person
17begin delete declinesend deletebegin insert
provides written consentend insert to be registered to votebegin delete onend deletebegin insert
by
18signing the statement inend insert the applicationbegin insert, as provided in paragraph
19(3) of subdivision (a) of Section 12500.5 of the Vehicle Codeend insert. A
20person who is not currently registered to vote and properly
21completes an application for a new or renewed California driver’s
22license, instruction permit, junior permit, or identification card
23begin insert andend insert who will not be 18 years of age at the time of the next election
24but otherwise satisfies the requirements to be registered to vote
25shall be automatically registered to vote at the time that he or she
26will be 18 years of age by the time of the next electionbegin delete, unlessend deletebegin insert
ifend insert
27 that personbegin delete declinesend deletebegin insert
provides written consentend insert to be registered to
28votebegin delete onend deletebegin insert by signing the statement inend insert the applicationbegin insert, as provided in
29paragraph (3) of subdivision (a) of Section 12500.5 of the Vehicle
30Codeend insert.
31(b) A person may register to vote by completing an affidavit of
32registration as provided for by this chapter.
33(c) A person who is registered to vote pursuant to subdivision
34(a) shall be registered as having no party preference. For purposes
35of this code, a person who is registered pursuant to subdivision (a)
36shall be treated as if he or she has declined to state a
party
37preference on the affidavit of registration pursuant to Section 2151.
38(d) If a person who does not satisfy the requirements to be
39registered to vote is registered to vote pursuant to subdivision (a),
40he or she shall not suffer any legal penalty or loss of any benefit
P5 1to which he or she may otherwise be entitled unless he or she
2intended to fraudulently register to vote.
3(e) An application that is completed pursuant to subdivision
4(a), by a person who is currently registered to vote but failed to
5indicate that fact on the application, shall be construed as updating
6the person’s previous voter registration. However, a person’s party
7preference shall not be updated to reflect a preference of decline
8to state pursuant to subdivision (c) if the person disclosed a party
9preference in connection with
the previous registration.
Section 2101.6 is added to the Elections Code, to read:
(a) Upon receipt of thebegin delete duplicate of theend delete document from
12the Department of Motor Vehicles, sent pursuant to Section
1312500.5 of the Vehicle Code, the county elections official shall
14examine the document and determine if the person named on the
15document has supplied the information required to establish that
16he or she is qualified to vote. If the person named on the document
17is not currently registered to vote and the document indicates that
18the person satisfies the requirements to be registered to vote, the
19document shall be treated by the county elections official the same
20as a completed affidavit of registration. If the person named on
21thebegin delete duplicateend delete
document will not be 18 years of age at the time of
22the next election but otherwise satisfies the requirements to be
23registered to vote, the person shall be automatically registered to
24vote at the time that he or she will be 18 years of age by the time
25of the next election.
26(b) Registration to vote pursuant to subdivision (a) of Section
272101.5 shall be deemed effective if received by the Department
28of Motor Vehicles on or before the 15th day prior to the election.
29(c) The document received from the Department of Motor
30Vehicles that caused a voter to be registered pursuant to subdivision
31(a) of Section 2101.5 shall be maintained by the county elections
32official in the same manner that the county elections official
33maintains an affidavit of registration.
34(d) For purposes of verifying a signature on a
recall, initiative,
35or referendum petition or a signature on a nomination paper or any
36other election petition or election paper, a properly executed
37application for a new or renewed California driver’s license,
38instruction permit, junior permit, or identification card filing form
39that caused a person to be registered to vote pursuant to subdivision
40(a) of Section 2101.5 shall be deemed effective for verification
P6 1purposes if both (1) the application or form is signed on the same
2date or a date prior to the signing of the petition or paper, and (2)
3the application or form is received by the county elections official
4on or before the date on which the petition or paper is filed.
Section 2102 of the Elections Code, as amended by
6Section 2 of Chapter 899 of the Statutes of 2000, is amended to
7read:
(a) An affidavit of registration shall be mailed or
9delivered to the county elections official and shall set forth all of
10the facts required to be shown by this chapter. A properly executed
11registration shall be deemed effective upon receipt of the affidavit
12by the county elections official if received on or before the 15th
13day prior to an election to be held in the registrant’s precinct. A
14properly executed registration shall also be deemed effective upon
15receipt of the affidavit by the county elections official if any of
16the following apply:
17(1) The affidavit is postmarked on or before the 15th day prior
18to the election and received by mail by the county elections official.
19(2) The affidavit is submitted to the Department of Motor
20Vehicles or accepted by any other public agency designated as a
21voter registration agency pursuant to the National Voter
22Registration Act of 1993 (42 U.S.C. Sec. 1973gg) on or before the
2315th day prior to the election.
24(3) The affidavit is delivered to the county elections official by
25means other than those described in paragraph (1) or (2) on or
26before the 15th day prior to the election.
27(b) For purposes of verifying a signature on a recall, initiative,
28or referendum petition or a signature on a nomination paper or any
29other election petition or election paper, a properly executed
30affidavit of registration shall be deemed effective for verification
31purposes if bothbegin delete (a)end deletebegin insert
(1)end insert the affidavit is signed on the same date or
32a date prior to the signing of the petition or paper, andbegin delete (b)end deletebegin insert (2)end insert the
33affidavit is received by the county elections official on or before
34the date on which the petition or paper is filed.
35(c) Notwithstanding any other law to the contrary, the affidavit
36of registration required under this chapter may not be taken under
37sworn oath, but the content of the affidavit shall be certified as to
38its truthfulness and correctness, under penalty of perjury, by the
39signature of the affiant.
Section 2102 of the Elections Code, as amended by
2Section 2 of Chapter 364 of the Statutes of 2009, is amended to
3read:
(a) An affidavit of registration shall be mailed or
5delivered to the county elections official and shall set forth all of
6the facts required to be shown by this chapter. A properly executed
7registration shall be deemed effective upon receipt of the affidavit
8by the county elections official if received on or before the 15th
9day prior to an election to be held in the registrant’s precinct. A
10properly executed registration shall also be deemed effective upon
11receipt of the affidavit by the county elections official if any of
12the following apply:
13(1) The affidavit is postmarked on or before the 15th day prior
14to the election and received by mail by the county elections official.
15(2) The affidavit is
submitted to the Department of Motor
16Vehicles or accepted by any other public agency designated as a
17voter registration agency pursuant to the National Voter
18Registration Act of 1993 (42 U.S.C. Sec. 1973gg) on or before the
1915th day prior to the election.
20(3) The affidavit is delivered to the county elections official by
21means other than those described in paragraph (1) or (2) on or
22before the 15th day prior to the election.
23(b) For purposes of verifying a signature on a recall, initiative,
24or referendum petition or a signature on a nomination paper or any
25other election petition or election paper, a properly executed
26affidavit of registration shall be deemed effective for verification
27purposes if both of the following conditions are satisfied:
28(1) The affidavit is signed on the same date or a date prior to
29the
signing of the petition or paper.
30(2) The affidavit is received by the county elections official on
31or before the date on which the petition or paper is filed.
32(c) Notwithstanding any other law to the contrary, the affidavit
33of registration required under this chapter may not be taken under
34sworn oath, but the content of the affidavit shall be certified as to
35its truthfulness and correctness, under penalty of perjury, by the
36signature of the affiant.
37(d) A person who is at least 17 years of age and otherwise meets
38all eligibility requirements to vote may submit his or her affidavit
39of registration as prescribed by this section. A properly executed
40registration made pursuant to this subdivision shall be deemed
P8 1effective as of the date the affiant will be 18 years of age, if the
2information in the affidavit of
registration is still current at that
3time. If the information provided by the affiant in the affidavit of
4registration is not current at the time that the registration would
5otherwise become effective, for his or her registration to become
6effective, the affiant shall provide the current information to the
7proper county elections official as prescribed by this chapter.
Section 2119 of the Elections Code is amended to read:
(a) In lieu of executing a new affidavit of registration
10for a change of address within the county, the county elections
11official shall accept a notice or letter of the change of address
12signed by a voter as he or she is registered.
13(b) The county elections official shall accept a notification for
14the forthcoming election and shall change the address on the voter’s
15registration accordingly if the notification is executed on or before
16the 15th day prior to the election and if any of the following apply:
17(1) The notification is postmarked on or before the 15th day
18prior to the election and received by mail by the county elections
19official.
20(2) The notification is submitted to the Department of Motor
21Vehicles or accepted by any other public agency designated as a
22voter registration agency pursuant to the National Voter
23Registration Act of 1993 (42 U.S.C. Sec. 1973gg) prior to the
24election.
25(3) The notification is delivered to the county elections official
26by means other than those described in paragraphs (1) and (2) on
27or before the 14th day prior to the election.
Section 2137 of the Elections Code is amended to read:
When an elector is registered by completing an affidavit
30of registration, his or her name, residence, and residence telephone
31number, if furnished, shall be entered on the stub attached to the
32original affidavit. If for any cause the affidavit is spoiled in the
33course of execution or a mistake is made, the affidavit shall not
34be destroyed, but the name of the elector for whom it was intended,
35with his or her residence, shall be entered on the stub as in other
36cases, and the stubs and affidavits each marked with the word
37“spoiled.”
Section 2141 of the Elections Code is amended to
39read:
(a) If the county elections official deems a duplicate file
2of voter registrations to be necessary for administrative purposes,
3the county elections official may prepare, upon the receipt in his
4or her office of the original affidavit of registration orbegin delete the duplicate the document that caused the voter to be registered to vote
5ofend delete
6pursuant to subdivision (a) of Section 2101.5, a reproduction
7thereof in compliance with the following conditions:
8(1) The document is photographed, microphotographed, or
9reproduced in a manner approved for permanent records by the
10National Bureau of Standards.
11(2) The device used to reproduce the document is one that
12accurately reproduces the document in all details.
13(3) The photographs, microphotographs, or other reproductions
14are placed in conveniently accessible files and provision is made
15for preserving, examining, and using the same.
16(b) Wherever in this code “duplicate affidavit” is used it shall
17be deemed to include the reproduced affidavit authorized by this
18section.
19(c) A signature comparison required by this code may be made
20against a duplicate produced in compliance with this section.
Section 2142 of the Elections Code is amended to
22read:
(a) If the county elections official refuses to register a
24qualified elector in the county, the elector may proceed by action
25in the superior court to compel his or her registration. In an action
26under this section, as many persons may join as plaintiffs as have
27causes of action.
28(b) If the county elections official has not registered a qualified
29elector who claims to have registered to vote through the
30Department of Motor Vehicles or a public agency designated as a
31voter registration agency pursuant to the National Voter
32Registration Act of 1993 (42 U.S.C. Sec. 1973gg), the elector may
33proceed by action in the superior court to compel his or her
34registration. In an action under this section, as many persons may
35join as
plaintiffs as have causes of action.
36(c) A fee shall not be charged by the clerk of the court for
37services rendered in an action under this section.
Section 2151 of the Elections Code is amended to
39read:
(a) At the time of completing an affidavit of registration
2and of transferring registration, an elector may disclose the name
3of the political party that he or she prefers. The name of that
4political party shall be stated in the affidavit of registration and
5the index.
6(b) (1) The voter registration card shall inform the affiant that
7an elector may decline to disclose a political party preference, but
8a person shall not be entitled to vote the ballot of a political party
9at a primary election for President of the United States or for a
10party committee unless he or she has disclosed the name of the
11party that he or she prefers or unless he or she has declined to
12disclose a party preference and the political party, by party rule
13duly noticed to
the Secretary of State, authorizes a person who has
14declined to disclose a party preference to vote the ballot of that
15political party. The voter registration card shall further inform the
16affiant that a registered voter may vote for any candidate at a
17primary election for state elective office or congressional office,
18regardless of the disclosed party preference of the registrant or the
19candidate seeking that office or the refusal of the registrant or
20candidate to disclose a party preference.
21(2) The voter registration card shall include a listing of all
22qualified political parties. As part of that listing, the voter
23registration card shall also contain an option that permits the affiant
24to decline to disclose a party preference. This option shall be placed
25at the end of the listing of qualified political parties.
26(c) A person shall not be permitted to vote the ballot of a party
27
or for delegates to the convention of a party other than the party
28disclosed as preferred in his or her registration, except as provided
29by Section 2152 or unless he or she has declined to disclose a party
30preference and the party, by party rule duly noticed to the Secretary
31of State, authorizes a person who has declined to disclose a party
32preference to vote the party ballot or for delegates to the party
33convention.
34(d) As of the effective date of the statute that added this
35subdivision, any voter who previously stated a political party
36affiliation when registering to vote shall be deemed to have
37disclosed that same party as his or her political party preference
38unless the voter files a new affidavit of registration disclosing a
39different political party preference or no political party preference.
40Any voter who previously declined to state a party affiliation shall
P11 1be deemed to have declined to disclose a party preference unless
2the voter
files a new affidavit of registration disclosing a different
3political party preference.
4(e) The Secretary of State may continue to supply existing
5affidavits of registration prior to printing new or revised forms
6that reflect the changes required pursuant to any amendment made
7to this section.
Section 2155.1 is added to the Elections Code, to
9read:
Upon receipt of thebegin delete duplicate of theend delete document signed
11by the voter from the Department of Motor Vehicles that caused
12a voter to be registered pursuant to subdivision (a) of Section
132101.5, the county elections official shall inspect the voter index
14to determine whether the person has been previously registered to
15vote. If the county elections official determines that the person has
16not previously been registered to vote, the county elections official
17shall send the voter a voter notification by nonforwardable,
18first-class mail, address correction requested, and a voter
19registration card.
20The voter notification shall be substantially in the following
21form:
25You are registered to vote. Because you have not completed an
26affidavit of voter registration, you are registered as declaring no
27party preference.
28You may vote in any election held 15 or more days after the date
29shown on the reverse side of this card.
30Your name will appear on the index kept at the polls.
31Please contact your county elections office if the information
32shown on the reverse side of this card is incorrect.
Section 2156 of the Elections Code is amended to
34read:
The Secretary of State shall print, or cause to be printed,
36the blank forms of the voter notification prescribed by Sections
372155 and 2155.1. The Secretary of State shall supply the forms to
38the county elections official in quantities and at times requested
39by the county elections official. The Secretary of State may
40continue to supply, and a county elections official may continue
P12 1to use, existing voter notification forms prior to printing new or
2revised forms as required by any changes to Section 2155 or
32155.1.
Section 2165 of the Elections Code is amended to
5read:
Affidavits of registration andbegin delete the duplicates ofend delete the
7documents that caused voters to be registered to vote pursuant to
8subdivision (a) of Section 2101.5 for the whole of each county
9shall be filed, as fast as the registration progresses, in any orderly
10arrangement as prescribed by the county elections official. If the
11documents are not filed alphabetically without regard to precinct,
12the county elections official shall, by electronic, electromechanical,
13or other suitable means, provide, for general use in his or her office,
14a comprehensive, printed alphabetical index to the surnames of
15voters on all uncanceled voter registrations for the whole of the
16county, whereby the affidavit of registration of a voter orbegin delete the
the document that caused the voter to be registered to
17duplicate ofend delete
18vote pursuant to subdivision (a) of Section 2101.5 may be
19ascertained and produced. In the case of voters having the same
20surname, the classification of names appearing on the index shall
21extend to the given and, where necessary, the middle name or
22initial.
Section 2166 of the Elections Code is amended to
24read:
(a) A person who is filing with the county elections
26official a new affidavit of registration or reregistration or is
27registered pursuant to subdivision (a) of Section 2101.5 may have
28the information relating to his or her residence address, telephone
29number, and email address appearing on the affidavit orbegin delete the the document that caused the voter to be registered to
30duplicate ofend delete
31vote pursuant to subdivision (a) of Section 2101.5, or a list or roster
32or index prepared therefrom, declared confidential upon order of
33a superior court issued upon a showing of good cause that a
34life-threatening circumstance exists to the voter or a member of
35the voter’s household, and naming the county elections official as
36a
party.
37(b) A person granted confidentiality under subdivision (a) shall:
38(1) Be considered a vote by mail voter for all subsequent
39elections or until the county elections official is notified otherwise
40by the court or in writing by the voter. A voter requesting
P13 1termination of vote by mail status thereby consents to placement
2of his or her residence address, telephone number, and email
3address 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 a list, roster, or index may, at
8his or her choice, use the valid mailing address or the word
9“confidential” or some similar designation in place of the residence
10
address.
11(c) An action in negligence shall not be maintained against a
12government entity or officer or employee thereof as a result of the
13disclosure of the information which is the subject of this section
14unless by a showing of gross negligence or willfulness.
Section 2166.5 of the Elections Code is amended to
16read:
(a) A person who is filing with the county elections
18official a new affidavit of registration or reregistration or is
19registered pursuant to subdivision (a) of Section 2101.5 may have
20the information relating to his or her residence address, telephone
21number, and email address appearing on the affidavit orbegin delete the the document that caused the voter to be registered to
22duplicate ofend delete
23vote pursuant to subdivision (a) of Section 2101.5, or a list or roster
24or index prepared therefrom, declared confidential upon
25presentation of certification that the person is a participant in the
26Address Confidentiality for Victims of Domestic Violence, Sexual
27Assault, and Stalking program pursuant to Chapter 3.1
28(commencing with Section 6205) of Division 7 of Title 1 of
the
29Government Code or a participant in the Address Confidentiality
30for Reproductive Health Care Service Providers, Employees,
31Volunteers, and Patients program pursuant to Chapter 3.2
32(commencing with Section 6215) of that division.
33(b) A person granted confidentiality under subdivision (a) shall:
34(1) Be considered a vote by mail voter for all subsequent
35elections or until the county elections official is notified otherwise
36by the Secretary of State or in writing by the voter. A voter
37requesting termination of vote by mail status thereby consents to
38placement of his or her residence address, telephone number, and
39email address in the roster of voters.
P14 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 producing a list, roster, or index may, at
5his 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) An action in negligence shall not be maintained against a
9government entity or officer or employee thereof as a result of the
10disclosure of the information that is the subject of this section
11unless by a showing of gross negligence or willfulness.
12(d) Subdivisions (a) and (b) shall not apply to any person granted
13confidentiality upon receipt by the county elections official of a
14written notice by the address confidentiality program manager of
15the withdrawal, invalidation, expiration, or termination of the
16program participant’s certification.
Section 2166.7 of the Elections Code is amended to
18read:
(a) If authorized by his or her county board of
20supervisors, a county elections official shall, upon application of
21a public safety officer, make confidential that officer’s residence
22address, telephone number, and email address appearing on the
23affidavit of registration orbegin delete the duplicate ofend delete the document that caused
24the voter to be registered to vote pursuant to subdivision (a) of
25Section 2101.5, pursuant to this section.
26(b) The application by the public safety officer shall contain a
27statement, signed under penalty of perjury, that the person is a
28public safety officer as defined in subdivision (f) and that a
29life-threatening circumstance
exists to the officer or a member of
30the officer’s family. The application shall be a public record.
31(c) The confidentiality granted pursuant to subdivision (a) shall
32terminate no more than two years after commencement, as
33determined by the county elections official. The officer may submit
34a new application for confidentiality pursuant to subdivision (a),
35and the new request may be granted for an additional period of
36not more than two years.
37(d) A person granted confidentiality under subdivision (a) shall:
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
3email 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) An action in negligence shall not be maintained against a
12government entity or officer or employee thereof as a result of the
13disclosure of the information that is the subject of this section
14unless by a showing of gross negligence or willfulness.
15(f) “A public safety officer” has the same meaning as a public
16safety official as defined in subdivision (a), (d), (e), (f), or (j) of
17Section
6254.24 of the Government Code.
Section 2167 of the Elections Code is amended to
19read:
(a) Upon the personal or written application of a person,
21the county elections official shall, at a fee not to exceed one dollar
22and fifty cents ($1.50), provide the applicant with a certified copy
23of the entries upon the register relating to the applicant.
24(b) A certified copy of an uncanceled affidavit of registration
25or a certified copy of an uncanceled document that caused the voter
26to be registered to vote pursuant to subdivision (a) of Section
272101.5 is prima facie evidence that the person named in the entry
28is a voter of the county.
Section 2180 of the Elections Code is amended to
30read:
(a) At least once, and more often if he or she deems it
32necessary, within each two-year period commencing on the first
33day of January in each odd-numbered year, the county elections
34official shall have printed a complete index, by precinct, to the
35affidavits of registration andbegin delete the duplicates ofend delete the documents that
36caused voters to be registered to vote pursuant to subdivision (a)
37of Section 2101.5 current at the date of printing.
38(b) (1) The index shall contain the name, address, residence
39telephone number if furnished, and political party preference of
40each voter if furnished, and also a ruled space to the left of each
P16 1
name, within which to write, in figures, the line number designating
2the position of the name of the voter on the roster of voters.
3(2) The name shall include the given name and the middle name
4or initials, if any. At the affiant’s option, the given name may be
5preceded by the designation “Miss,” “Ms.,” “Mrs.,” or “Mr.”
6(c) The index shall be printed in a size no smaller than
7eight-point roman type on eight-point body and shall be arranged
8in alphabetical order in accordance with the surnames of the voters.
9(d) A space of not less than one-quarter inch or one line of
10printing shall be left between the names of voters beginning with
11one letter of the alphabet and those starting with the next letter of
12the alphabet.
13(e) Supplements of the same content and
style may be printed
14as need for them appears.
Section 2181 of the Elections Code is amended to
16read:
In addition to printing a complete index within and for
18each two-year period, as provided in Section 2180, the county
19elections official may print and maintain one complete and
20continuing index, by precinct, to the affidavits of registration and
21begin delete the duplicates ofend delete the documents that caused voters to be registered
22to vote pursuant to subdivision (a) of Section 2101.5 and keep the
23index current by supplements and deletions as provided in Sections
242180 and 2183, and by reprinting portions of the index by precinct,
25as the need appears, the reprinted portions to contain the same
26information concerning each voter and to be in the same style,
27spacing, and type of print as provided in Section 2180.
Section 2183 of the Elections Code is amended to
29read:
(a) The elections official shall supply copies of the index
31and of supplements to the index, necessary to bring it up to date,
32for an election to be held within the county. The county elections
33official shall also supply as many copies of the index and
34supplements, not to exceed four in number, as may be requested
35by the elections official of a city, school district, or other body.
36The name of a voter whose affidavit of registration or registration
37made pursuant to subdivision (a) of Section 2101.5 has been
38canceled shall be lined out of the index and supplement. The county
39elections official may charge an amount that will reimburse the
40county for the expense incurred in preparing and furnishing a lined
P17 1out index of registrations and supplements other than for those
2provided for by Sections
2180 and 2182.
3(b) In the case of a municipal election, an index provided
4pursuant to this section shall be supplied to the city elections
5official not less than 25 days prior to the day of the election for
6which it is provided. If the index does not contain the names of all
7people eligible to vote in the election, the county elections official
8shall supply a supplement to the index, including all voters who
9registered after the 54th day before the election, not less than seven
10days prior to the election for which it is provided.
Section 2187 of the Elections Code is amended to
12read:
(a) A county elections official shall send to the Secretary
14of State, in a format described by the Secretary of State, a summary
15statement of the number of voters in the county. The statement
16shall show the total number of voters in the county, the number
17registered as preferring each qualified political party, the number
18registered in nonqualified parties, and the number who declined
19to state a party preference, and the number who have been
20registered as having no party affiliation because of registration of
21the voter pursuant to subdivision (a) of Section 2101.5. The
22statement shall also show the number of voters, by political
23preference, in each city, supervisorial district, Assembly district,
24Senate district, and congressional district located in whole or in
25part within the county.
26(b) The Secretary of State, on the basis of the statements sent
27by the county elections officials and within 30 days after receiving
28those statements, shall compile a statewide list showing the number
29of voters, by party preference, in the state and in each county, city,
30supervisorial district, Assembly district, Senate district, and
31congressional district in the state. A copy of this list shall be made
32available, upon request, to any elector in this state.
33(c) Each county that uses data processing equipment to store
34the information set forth in the affidavit of registration orbegin delete the the document that caused a person to be registered to
35duplicate ofend delete
36vote pursuant to subdivision (a) of Section 2101.5 shall send to
37the Secretary of State one copy of the electronic data file with the
38information requested by
the Secretary of State. Each county that
39does not use data-processing storage shall send to the Secretary
40of State one copy of the index setting forth that information.
P18 1(d) The summary statements and the electronic data file copy
2or the index shall be sent at the following times:
3(1) On the 135th day before each presidential primary and before
4each direct primary, with respect to voters registered on the 154th
5day before the primary election.
6(2) Not less than 50 days prior to the primary election, with
7respect to voters registered on the 60th day before the primary
8election.
9(3) Not less than seven days prior to the primary election, with
10respect to voters registered before the 14th day prior to the primary
11election.
12(4) Not less than 102 days prior to each presidential general
13election, with respect to voters registered before the 123rd day
14before the presidential general election.
15(5) Not less than 50 days prior to the general election, with
16respect to voters registered on the 60th day before the general
17election.
18(6) Not less than seven days prior to the general election, with
19respect to voters registered before the 14th day prior to the general
20election.
21(7) On or before March 1 of each odd-numbered year, with
22respect to voters registered as of February 10.
23(e) The Secretary of State may adopt regulations prescribing
24the content and format of the electronic data file or index referred
25to in
subdivision (c) and containing the registered voter
26information.
27(f) The Secretary of State may adopt regulations prescribing
28additional regular reporting times, except that the total number of
29reporting times in any one calendar year shall not exceed 12.
30(g) The Secretary of State shall make the information from the
31electronic data files or the printed indexes available, under
32conditions prescribed by the Secretary of State, to any candidate
33for federal, state, or local office, to any committee for or against
34any proposed ballot measure, to any committee for or against any
35initiative or referendum measure for which legal publication is
36made, and to any person for election, scholarlybegin insert,end insert or political
37research, or governmental purposes as determined by the Secretary
38of
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.
Section 2189 of the Elections Code is amended to
5read:
Before the day of an election held throughout the county,
7the county elections official shall deliver to the precinct board in
8each precinct three copies of the index to the affidavits of
9registration andbegin delete the duplicates ofend delete the documents that caused voters
10to be registered to vote pursuant to subdivision (a) of Section
112101.5 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.
Section 2190 of the Elections Code is amended to
16read:
(a) If the county elections official maintains tabulating
18cards containing the information set forth in the affidavits of
19registration of voters andbegin delete the duplicates ofend delete the documents that
20caused voters to be registered to vote pursuant to subdivision (a)
21of Section 2101.5, or 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.
34(b) In 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.
Section 2194 of the Elections Code is amended to
2read:
(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 other law, the California driver’s
26license number, the California identification card number, the
27social security number, and any other unique identifier used by
28the State of California
for purposes of voter identification shown
29on a voter registration card orbegin delete the duplicate ofend delete the document that
30caused a person to be registered to vote pursuant to subdivision
31(a) of Section 2101.5 of a registered voter, or added to voter
32registration records to comply with the requirements of the federal
33Help America Vote Act of 2002 (42 U.S.C. Sec. 15301 et seq.),
34are confidential and shall not be disclosed to any person.
35(2) Notwithstanding any other law, the signature of the voter
36shown on the voter registration card orbegin delete the duplicate ofend delete
the
37document that caused a person to be registered to vote pursuant
38to subdivision (a) of Section 2101.5 is confidential and shall not
39be disclosed to any person, except as provided in subdivision (c).
P21 1(c) (1) The home address or signature of any voter shall be
2released whenever the person’s vote is challenged pursuant to
3Sections 15105 to 15108, inclusive, or Article 3 (commencing
4with Section 14240) of Chapter 3 of Division 14. The address or
5signature shall be released only to the challenger, to elections
6officials, and to other persons as necessary to make, defend against,
7or adjudicate the challenge.
8(2) An elections official shall permit a person to view the
9signature of a voter for the purpose of determining whether the
10signature matches a signature on an affidavit of registration,begin delete the
the document that caused a person to be registered to
11duplicate ofend delete
12vote pursuant to subdivision (a) of Section 2101.5, or a petition,
13but shall not permit a signature to be copied.
14(d) A governmental entity, or officer or employee thereof, shall
15not be held civilly liable as a result of disclosure of the information
16referred to in this section, unless by a showing of gross negligence
17or willfulness.
18(e) For the purposes of this section, “voter’s household” is
19defined as the voter’s place of residence or mailing address or any
20persons who reside at the place of residence or use the mailing
21address as supplied on the affidavit of registration pursuant to
22paragraphs (3) and (4) of subdivision (a) of Section 2150 orbegin delete the the document that caused a person to be registered to
23duplicate ofend delete
24vote pursuant to subdivision
(a) of Section 2101.5.
Section 2200 of the Elections Code is amended to
26read:
The registration of a voter is permanent for all purposes
28during his or her life, unless and until the registration is canceled
29by the county elections official for any of the causes specified in
30this article.
Section 2202 of the Elections Code is amended to
32read:
(a) The county elections official shall preserve all
34uncanceled affidavits of registration andbegin delete duplicates of theend delete
35 documents that caused voters to be registered to vote pursuant to
36subdivision (a) of Section 2101.5 in a secure manner that will
37protect the confidentiality of the voter information consistent with
38Section 2194.
39The affidavits of registration andbegin delete duplicates ofend delete the documents
40that caused voters to be registered to vote pursuant to subdivision
P22 1(a) of Section 2101.5 shall constitute the register required to be
2kept by Article 5 (commencing with Section 2180) of Chapter 2.
3(b) In lieu of maintaining uncanceled affidavits of registration
4andbegin delete the duplicates of theend delete documents that caused voters to be
5registered to vote pursuant to subdivision (a) of Section 2101.5,
6the county elections official may, following the first general
7election after the date of registration, microfilm, record on optical
8disc, or record on another electronic medium that does not permit
9an addition, deletion, or change to the original document, the
10uncanceled affidavits of registration andbegin delete the duplicates of theend delete
11 documents that caused voters to be registered to vote pursuant to
12subdivision (a) of Section 2101.5. Use of an electronic medium to
13record uncanceled affidavits of registration andbegin delete the duplicates of
documents that caused voters to be registered to vote pursuant
14theend delete
15to subdivision (a) of Section 2101.5 shall protect the security and
16confidentiality of the voter information. The county elections
17official may dispose of uncanceled affidavits of registration and
18begin delete the duplicates of theend delete documents that caused voters to be registered
19to vote pursuant to subdivision (a) of Section 2101.5 transferred
20pursuant to this section. The disposal of uncanceled affidavits and
21begin delete the duplicates of theend delete documents that caused voters to be registered
22to vote pursuant to subdivision (a) of Section 2101.5 shall be
23performed in a manner that does not compromise the security or
24confidentiality of the voter information contained therein. A
25medium used by the county elections official shall meet the
26minimum standards, guidelines, or both, as recommended by the
27American
National Standards Institute or the Association of
28Information and Image Management. For purposes of this section,
29a duplicate copy of an affidavit of registration shall be deemed an
30original.
Section 2203 of the Elections Code is amended to
32read:
(a) Cancellation is made by writing or stamping on the
34affidavit of registration orbegin delete the duplicate ofend delete the document that caused
35the voter to be registered to vote pursuant to subdivision (a) of
36Section 2101.5 the word “canceled,” the reason the registration
37was canceled, and the date of cancellation.
38(b) Whenever a voter transfers his or her registration from one
39precinct to another precinct in the same county, or reregisters in
40another precinct in the same county as shown by the new affidavit
P23 1of registration, the county elections official shall immediately
2cancel the registration from the precinct in which the voter was
3first registered, and
shall remove the registration from the file of
4uncanceled registrations.
5(c) Except as provided in Section 2119, whenever a voter
6removes from one county to another county and registers in the
7latter county, the county elections official of the county in which
8he or she was first registered, upon being informed of his or her
9removal either by the voter personally or by receipt of a notice of
10reregistration under Section 2118, shall likewise cancel his or her
11registration and remove the registration in that county.
12(d) The county elections official in distributing to each precinct
13the three indexes of registration, as required by Section 2189, shall
14cross out of those indexes the name of a voter whose registration
15from the precinct has been canceled.
Section 2204 of the Elections Code is amended to
17read:
Notwithstanding any other law, whenever a voter changes
19his or her residence within the same precinct, the voter’s
20registration shall not be canceled. Whenever notified by the voter,
21the elections official shall change the voter’s affidavit of
22registration orbegin delete the duplicate ofend delete the document that caused the voter
23to be registered to vote pursuant to subdivision (a) of Section
242101.5 to reflect the new residence address within the same
25precinct.
Section 2205 of the Elections Code, as enacted by
27Section 2 of Chapter 920 of the Statutes of 1994, is amended to
28read:
The local registrar of births and deaths shall notify the
30county elections official not later than the 15th day of each month
31of all deceased persons 18 years of age and over, whose deaths
32were registered with him or her or of whose deaths he or she was
33notified by the State Registrar of Vital Statistics during the
34preceding month. This notification shall include at least the name,
35sex, age, birthplace, birth date, place of residence,begin insert andend insert date and
36place of death of each decedent.
37The county elections official shall cancel the voter registration
38of each deceased voter.
Section 2205 of the Elections Code, as amended by
2Section 5 of Chapter 364 of the Statutes of 2009, is amended to
3read:
The local registrar of births and deaths shall notify the
5county elections official not later than the 15th day of each month
6of all deceased persons 17 years of age and over, whose deaths
7were registered with him or her or of whose deaths he or she was
8notified by the State Registrar of Vital Statistics during the
9preceding month. This notification shall include at least the name,
10sex, age, birthplace, birth date, place of residence, and date and
11place of death of each decedent.
12The county elections official shall cancel the voter registration
13of the deceased voter.
Section 2206 of the Elections Code is amended to
15read:
The Secretary of State shall adopt regulations to facilitate
17the availability of death statistics from the State Department of
18Public Health. The data shall be used by county elections officials
19in canceling the voter registration of deceased persons.
Section 2212 of the Elections Code is amended to
21read:
The clerk of the superior court of the county, on the basis
23of the records of the court, shall furnish to the chief elections
24official of the county, not less frequently than the first day of April
25and the first day of September of each year, a statement showing
26the names, addresses, and dates of birth of all persons who have
27been convicted of felonies since the clerk’s last report. The
28elections official shall, during the first week of April and the first
29week of September in each year, cancel the voter registration of
30those persons who are currently imprisoned or on parole for the
31conviction of a felony. The clerk shall certify the statement under
32the seal of the court.
Section 2221 of the Elections Code is amended to
34read:
(a) Based on the postal notice on the returned residency
36confirmation postcard received pursuant to Section 2220, the
37county elections official shall take the following actions:
38(1) The voter registration of a person whose residency
39confirmation postcard is returned by the post office as
40undeliverable and who has no forwarding address shall be placed
P25 1in the inactive file pursuant to paragraph (2) of subdivision (a) of
2Section 2226. This person shall be mailed the confirmation notice
3described in subdivision (d) of Section 2225.
4(2) The voter registration of a person for whom a forwarding
5address within the county is received shall be corrected to reflect
6the new
address provided by the post office.
7(3) The voter registration of a person for whom a forwarding
8address outside of the county is received shall be placed in the
9inactive file pursuant to paragraph (2) of subdivision (a) of Section
102226. This person shall be mailed the confirmation notice described
11in subdivision (c) of Section 2225.
12(b) A blank affidavit of registration shall immediately be mailed
13to the address from which a voter registration was canceled or
14changed pursuant to this section.
15(c) An address correction or cancellation of a voter registration
16made pursuant to this section shall be reflected on the voter index
17as required by Section 2191.
Section 3006 of the Elections Code is amended to
19read:
(a) A printed application that is to be distributed to a
21voter for requesting a vote by mail voter’s ballot shall inform the
22voter that the application for the vote by mail voter’s ballot must
23be received by the elections official not later than seven days prior
24to the date of the election and shall contain spaces for the
25following:
26(1) The printed name and residence address of the voter as it
27appears on the affidavit of registration orbegin delete the duplicate ofend delete the
28document that caused the voter to be registered to vote pursuant
29to subdivision (a) of Section 2101.5.
30(2) The address to which the ballot is to be mailed.
31(3) The voter’s signature.
32(4) The name and date of the election for which the request is
33to be made.
34(b) (1) The information required by paragraphs (1) and (4) of
35subdivision (a) may be preprinted on the application. The
36information required by paragraphs (2) and (3) of subdivision (a)
37shall be personally affixed by the voter.
38(2) An address, as required by paragraph (2) of subdivision (a),
39may not be the address of a political party, a political campaign
40headquarters, or a candidate’s residence. However, a candidate,
P26 1his or her spouse, immediate family members, and any other voter
2who shares the same residence address as the candidate may request
3that a vote by mail ballot be mailed to the candidate’s residence
4address.
5(3) An application that contains preprinted information shall
6contain a conspicuously printed statement substantially similar to
7the following: “You have the legal right to mail or deliver this
8application directly to the local elections official of the county
9where you reside.”
10(c) The application shall inform the voter that if he or she has
11declined to disclose a preference for a political party, the voter
12may request a vote by mail ballot for a particular political party
13for the partisan primary election, if that political party has adopted
14a party rule, duly noticed to the Secretary of State, authorizing that
15vote. The application shall contain a toll-free telephone number,
16established by the Secretary of State, that the voter may call to
17access information regarding which political parties have adopted
18such a rule. The application shall contain a checkoff box with a
19
conspicuously printed statement that reads substantially similar to
20the following: “I have declined to disclose a preference for a
21qualified political party. However, for this primary election only,
22I request a vote by mail ballot for the _________ Party.” The name
23of the political party shall be personally affixed by the voter.
24(d) The application shall provide the voter with information
25concerning the procedure for establishing permanent vote by mail
26voter status, and the basis upon which permanent vote by mail
27voter status is claimed.
28(e) The application shall be attested to by the voter as to the
29truth and correctness of its content, and shall be signed under
30penalty of perjury.
Section 3007.5 of the Elections Code is amended to
32read:
(a) The Secretary of State shall prepare and distribute
34to appropriate elections officials a uniform electronic application
35format for a vote by mail voter’s ballot that conforms to this
36section.
37(b) The uniform electronic application shall inform the voter
38that the application for the vote by mail voter’s ballot must be
39received by the elections official not later than seven days prior
P27 1to the date of the election and shall contain spaces for at least the
2following information:
3(1) The name and residence address of the registered voter as
4it appears on the affidavit of registration orbegin delete the duplicate ofend delete
the
5document that caused the voter to be registered to vote pursuant
6to subdivision (a) of Section 2101.5.
7(2) The address to which the ballot is to be mailed.
8(3) The name and date of the election for which the request is
9made.
10(4) The date of birth of the registered voter.
11(c) The uniform electronic application shall inform the voter
12that if he or she has declined to disclose a preference for a political
13party, the voter may request a vote by mail ballot for a particular
14political party for the partisan primary election, if that political
15party has adopted a party rule, duly noticed to the Secretary of
16State, authorizing that vote. The application shall contain a toll-free
17telephone number, established by the Secretary of State, that the
18
voter may call to access information regarding which political
19parties have adopted such a rule. The application shall list the
20parties that have notified the Secretary of State of the adoption of
21such a rule. The application shall contain a checkoff box with a
22conspicuously printed statement that reads substantially similar to
23the following: “I have declined to disclose a preference for a
24qualified political party. However, for this primary election only,
25I request a vote by mail ballot for the ____ Party.” The name of
26the political party shall be personally affixed by the voter.
27(d) The uniform electronic application shall contain a
28conspicuously printed statement substantially similar to the
29following: “Only the registered voter himself or herself may apply
30for a vote by mail ballot. An application for a vote by mail ballot
31made by a person other than the registered voter is a criminal
32offense.”
33(e) The uniform electronic application shall include a statement
34substantially similar to the following: “A ballot will not be sent to
35you if this application is incomplete or inaccurate.”
36(f) The uniform electronic application format shall not permit
37the form to be electronically submitted unless all of the information
38required to complete the application is contained in the appropriate
39fields.
Section 3009 of the Elections Code is amended to
2read:
(a) Upon receipt of a vote by mail ballot application
4signed by the voter that arrives within the proper time, the elections
5official should determine if the signature and residence address
6on the ballot application appear to be the same as that on the
7original affidavit of registration orbegin delete the duplicate ofend delete the document
8that caused the voter to be registered to vote pursuant to subdivision
9(a) of Section 2101.5. The elections official may make this
10signature check upon receiving the voted ballot, but the signature
11must be compared before the vote by mail voter ballot is canvassed.
12(b) If the elections official deems the applicant entitled to a
vote
13by mail voter’s ballot he or she shall deliver by mail or in person
14the appropriate ballot. The ballot may be delivered to the applicant,
15his or her spouse, child, parent, grandparent, grandchild, or sibling,
16or a person residing in the same household as the vote by mail
17voter, except that in no case shall the ballot be delivered to an
18individual under 16 years of age. The elections official shall deliver
19the vote by mail ballot to the applicant’s spouse, child, parent,
20grandparent, grandchild, or sibling, or a person residing in the
21same household as the vote by mail voter only if that person signs
22a statement attested to under penalty of perjury that provides the
23name of the applicant and his or her relationship to the applicant,
24and affirms that he or she is 16 years of age or older, and is
25authorized by the applicant to deliver the vote by mail ballot.
26(c) (1) If the elections official determines that an
application
27does not contain all of the information prescribed in Section 3001
28or 3006, or for any other reason is defective, and the elections
29official is able to ascertain the voter’s address, the elections official
30shall, within one working day of receiving the application, mail
31the voter a vote by mail voter’s ballot together with a notice. The
32notice shall inform the voter that the voter’s vote by mail voter’s
33ballot shall not be counted unless the applicant provides the
34elections official with the missing information or corrects the
35defects prior to, or at the time of, receipt of the voter’s executed
36vote by mail voter’s ballot. The notice shall specifically inform
37the voter of the information that is required or the reason for the
38defects in the application, and shall state the procedure necessary
39to remedy the defective application.
P29 1(2) If the voter substantially complies with the requirements
2contained in the elections official’s
notice, the voter’s ballot shall
3be counted.
4(3) In determining from the records of registration if the
5signature and residence address on the application appear to be
6the same as that on the original affidavit of registration orbegin delete the the document that caused the voter to be registered to
7duplicate ofend delete
8vote pursuant to subdivision (a) of Section 2101.5, the elections
9official or registrar of voters may use the duplicate file of registered
10voters or the facsimiles of voter’s signatures, provided that the
11method of preparing and displaying the facsimiles complies with
12the law.
Section 3011 of the Elections Code is amended to
14read:
(a) The identification envelope shall contain all of the
16following:
17(1) A declaration, under penalty of perjury, stating that the voter
18resides within the precinct in which he or she is voting and is the
19person whose name appears on the envelope.
20(2) The signature of the voter.
21(3) The residence address of the voter as shown on the affidavit
22of registration orbegin delete the duplicate ofend delete the document that caused the
23voter to be registered to vote pursuant to subdivision (a) of Section
242101.5.
25(4) The date of signing.
26(5) A notice that the envelope contains an official ballot and is
27to be opened only by the canvassing board.
28(6) A warning plainly stamped or printed on it that voting twice
29constitutes a crime.
30(7) A warning plainly stamped or printed on it that the voter
31must sign the envelope in his or her own handwriting in order for
32the ballot to be counted.
33(8) A statement that the voter has neither applied, nor intends
34to apply, for a vote by mail voter’s ballot from any other
35jurisdiction for the same election.
36(9) The name of the person authorized by the voter to return the
37vote by mail ballot pursuant to
Section 3017.
38(10) The relationship to the voter of the person authorized to
39return the vote by mail ballot.
P30 1(11) The signature of the person authorized to return the vote
2by mail ballot.
3(b) Except at a primary election for partisan office, and
4notwithstanding any other provision of law, the vote by mail voter’s
5party affiliation may not be stamped or printed on the identification
6envelope.
Section 3013 of the Elections Code is amended to
8read:
Upon delivering or mailing a vote by mail voter’s ballot,
10the elections official shall enter on the application of the vote by
11mail voter, or on the affidavit of registration orbegin delete the duplicate ofend delete
12 the document that caused the voter to be registered to vote pursuant
13to subdivision (a) of Section 2101.5, the type of ballot and the date
14of delivering or mailing. Before the election the elections official
15shall send to the inspector of each precinct in his or her county or
16city a list of the voters in that precinct applying for and receiving
17ballots under this chapter.
Section 3019 of the Elections Code is amended to
19read:
(a) Upon receipt of a vote by mail ballot, the elections
21official shall compare the signature on the identification envelope
22with either of the following to determine whether the signatures
23compare:
24(1) The signature appearing on the voter’s affidavit of
25registration or any previous affidavit of registration of the voter
26orbegin delete the duplicate ofend delete the document that caused the voter to be
27registered to vote pursuant to subdivision (a) of Section 2101.5.
28(2) The signature appearing on a form issued by an elections
29official that contains the voter’s signature, that is part of the voter’s
30registration record, and that the elections
official has determined
31compares with the signature on the voter’s affidavit of registration
32or any previous affidavit of registration of the voter orbegin delete the duplicate the document that caused the voter to be registered to vote
33ofend delete
34pursuant to subdivision (a) of Section 2101.5. The elections official
35may make this determination by reviewing a series of signatures
36appearing on official forms in the voter’s registration record that
37have been determined to compare, that demonstrates the
38progression of the voter’s signature, and makes evident that the
39signature on the identification envelope is that of the voter.
P31 1(b) In comparing signatures pursuant to subdivision (a), the
2elections official may use the duplicate file of affidavits of
3registered voters,begin delete the duplicate ofend delete the document that
caused the
4voter to be registered to vote pursuant to subdivision (a) of Section
52101.5, or facsimiles of voters’ signatures, provided that the
6method of preparing and displaying the facsimiles complies with
7the law.
8(c) (1) If upon conducting the comparison of signatures pursuant
9to subdivision (a) the elections official determines that the
10signatures compare, he or she shall deposit the ballot, still in the
11identification envelope, in a ballot container in his or her office.
12(2) If upon conducting the comparison of signatures pursuant
13to subdivision (a) the elections official determines that the
14signatures do not compare, the identification envelope shall not
15be opened and the ballot shall not be counted. The cause of the
16rejection shall be written on the face of the identification envelope.
17(d) The variation of a
signature caused by the substitution of
18initials for the first or middle name, or both, shall not be grounds
19for the elections official to determine that the signatures do not
20compare.
21(e) A ballot shall not be removed from its identification envelope
22until the time for processing ballots. A ballot shall not be rejected
23for cause after the identification envelope has been opened.
Section 3021 of the Elections Code is amended to
25read:
(a) After the close of the period for requesting a vote
27by mail voter ballot by mail a voter unable to go to the polls
28because of illness or disability resulting in his or her confinement
29in a hospital, sanatorium, nursing home, or place of residence; or
30a voter unable because of a physical handicap to go to his or her
31polling place or because of that handicap is unable to vote at his
32or her polling place due to an existing architectural barrier at his
33or her polling place denying him or her physical access to the
34polling place, voting booth, or voting apparatus or machinery; or
35a voter unable to go to his or her polling place because of a
36condition resulting in his or her absence from the precinct on
37election day may request in a written statement, signed under
38penalty of perjury, that a
ballot be delivered to him or her. This
39written statement shall not be required if the vote by mail ballot
40is voted in the office of the elections official as defined by
P32 1subdivision (b) of Section 3018, at the time of the request. This
2ballot shall be delivered by the elections official to an authorized
3representative of the voter who presents this written statement to
4the elections official.
5(b) Before delivering the ballot the elections official may
6compare the signature on the request with the signature on the
7voter’s affidavit of registration orbegin delete the duplicate ofend delete the document
8that caused the voter to be registered to vote pursuant to subdivision
9(a) of Section 2101.5, but in any event, the signature shall be
10compared before the vote by mail ballot is canvassed.
11(c) The voter shall mark the
ballot, place it in the identification
12envelope, fill out and sign the envelope, and return the ballot,
13personally or through the authorized representative, to either the
14elections official or a polling place within the jurisdiction.
15(d) These ballots shall be processed and counted in the same
16manner as other vote by mail ballots.
Section 3501 of the Elections Code is amended to
18read:
A new citizen registering to vote after the close of
20registration shall provide the county elections official with proof
21of citizenship prior to voting, and shall declare that he or she has
22established residency in California. Upon receipt of proof of
23citizenship and California residency, the county elections official
24shall instate the affiant as a registered voter and include his or her
25affidavit of registration in the permanent file of voter registrations.
Section 9094 of the Elections Code is amended to
27read:
(a) The Secretary of State shall mail a ballot pamphlet
29to a voter, in those instances in which the county elections official
30uses data processing equipment to store the information set forth
31in the affidavits of registration andbegin delete the duplicates ofend delete the documents
32that caused voters to be registered to vote pursuant to subdivision
33(a) of Section 2101.5, before the election at which a measure
34contained in the ballot pamphlet is to be voted on unless a voter
35has registered fewer than 29 days before the election. The mailing
36shall commence not less than 40 days before the election and shall
37be completed no later than 21 days before the election for those
38voters who registered on or before the 60th day before the
election.
39The Secretary of State shall mail one copy of the ballot pamphlet
40to a registered voter at the postal address stated on the voter’s
P33 1affidavit of registration orbegin delete the duplicate ofend delete the document that caused
2the voter to be registered to vote pursuant to subdivision (a) of
3Section 2101.5, or the Secretary of State may mail only one ballot
4pamphlet to two or more registered voters having the same surname
5and the same postal address.
6(b) In those instances in which the county elections official does
7not utilize data processing equipment to store the information set
8forth in the affidavits of registration andbegin delete the duplicates ofend delete
the
9documents that caused voters to be registered to vote pursuant to
10subdivision (a) of Section 2101.5, the Secretary of State shall
11furnish ballot pamphlets to the county elections official not less
12than 45 days before the election at which a measure contained in
13the ballot pamphlet is to be voted on and the county elections
14official shall mail a ballot pamphlet to a voter, on the same dates
15and in the same manner provided by subdivision (a).
16(c) The Secretary of State shall provide for the mailing of a
17ballot pamphlet to a voter registering after the 60th day before the
18election and before the 28th day before the election, by either: (1)
19mailing in the manner as provided in subdivision (a), or (2)
20requiring the county elections official to mail a ballot pamphlet to
21a voter registering in the county after the 60th day before the
22election and before the 28th day before the election pursuant to
23this section. The second mailing of
ballot pamphlets shall be
24completed no later than 10 days before the election. The county
25elections official shall mail a ballot pamphlet to a person requesting
26a ballot pamphlet. Three copies, to be supplied by the Secretary
27of State, shall be kept at every polling place, while an election is
28in progress, so that they may be freely consulted by the voters.
Section 14310 of the Elections Code, as amended by
30Section 1 of Chapter 611 of the Statutes of 2009, is amended to
31read:
(a) At all elections, a voter claiming to be properly
33registered but whose qualification or entitlement to vote cannot
34be immediately established upon examination of the index of
35registration for the precinct or upon examination of the records on
36file with the county elections official, shall be entitled to vote a
37provisional ballot as follows:
38(1) An elections official shall advise the voter of the voter’s
39right to cast a provisional ballot.
P34 1(2) The voter shall be provided a provisional ballot, written
2instructions regarding the process and procedures for casting the
3provisional ballot, and a written affirmation regarding the voter’s
4registration and eligibility to vote. The written instructions shall
5
include the information set forth in subdivisions (c) and (d).
6(3) The voter shall be required to execute, in the presence of an
7elections official, the written affirmation stating that the voter is
8eligible to vote and registered in the county where the voter desires
9to vote.
10(b) Once voted, the voter’s ballot shall be sealed in a provisional
11ballot envelope, and the ballot in its envelope shall be deposited
12in the ballot box. All provisional ballots voted shall remain sealed
13in their envelopes for return to the elections official in accordance
14with the elections official’s instructions. The provisional ballot
15envelopes specified in this subdivision shall be a color different
16than the color of, but printed substantially similar to, the envelopes
17used for vote by mail ballots, and shall be completed in the same
18manner as vote by mail envelopes.
19(c) (1) During the official canvass, the elections official shall
20examine the records with respect to all provisional ballots cast.
21Using the procedures that apply to the comparison of signatures
22on vote by mail ballots, the elections official shall compare the
23signature on each provisional ballot envelope with the signature
24on the voter’s affidavit of registration orbegin delete the duplicate ofend delete the
25document that caused the voter to be registered to vote pursuant
26to subdivision (a) of Section 2101.5. If the signatures do not
27compare or the provisional ballot envelope is not signed, the ballot
28shall be rejected. A variation of the signature caused by the
29substitution of initials for the first or middle name, or both, shall
30not invalidate the ballot.
31(2) Provisional ballots shall not be
included in any semiofficial
32or official canvass, except upon: (A) the elections official’s
33establishing prior to the completion of the official canvass, from
34the records in his or her office, the claimant’s right to vote; or (B)
35the order of a superior court in the county of the voter’s residence.
36A voter may seek the court order specified in this paragraph
37regarding his or her own ballot at any time prior to completion of
38the official canvass. Any judicial action or appeal shall have
39priority over all other civil matters. No fee shall be charged to the
P35 1claimant by the clerk of the court for services rendered in an action
2under this section.
3(3) The provisional ballot of a voter who is otherwise entitled
4to vote shall not be rejected because the voter did not cast his or
5her ballot in the precinct to which he or she was assigned by the
6elections official.
7(A) If the ballot cast
by the voter contains the same candidates
8and measures on which the voter would have been entitled to vote
9in his or her assigned precinct, the elections official shall count
10the votes for the entire ballot.
11(B) If the ballot cast by the voter contains candidates or
12measures on which the voter would not have been entitled to vote
13in his or her assigned precinct, the elections official shall count
14only the votes for the candidates and measures on which the voter
15was entitled to vote in his or her assigned precinct.
16(d) The Secretary of State shall establish a free access system
17that any voter who casts a provisional ballot may access to discover
18whether the voter’s provisional ballot was counted and, if not, the
19reason why it was not counted.
20(e) The Secretary of State may adopt appropriate regulations
21for purposes of
ensuring the uniform application of this section.
22(f) This section shall apply to any vote by mail voter described
23by Section 3015 who is unable to surrender his or her unvoted vote
24by mail voter’s ballot.
25(g) Any existing supply of envelopes marked “special challenged
26ballot” may be used until the supply is exhausted.
Section 14310 of the Elections Code, as amended by
28Section 3 of Chapter 497 of the Statutes of 2012, is amended to
29read:
(a) At all elections, a voter claiming to be properly
31registered, but whose qualification or entitlement to vote cannot
32be immediately established upon examination of the index of
33registration for the precinct or upon examination of the records on
34file with the county elections official, shall be entitled to vote a
35provisional ballot as follows:
36(1) An elections official shall advise the voter of the voter’s
37right to cast a provisional ballot.
38(2) The voter shall be provided a provisional ballot, written
39instructions regarding the process and procedures for casting the
40ballot, and a written affirmation regarding the voter’s registration
P36 1and eligibility to vote. The written instructions shall include
the
2information set forth in subdivisions (c) and (d).
3(3) The voter shall be required to execute, in the presence of an
4elections official, the written affirmation stating that the voter is
5eligible to vote and registered in the county where the voter desires
6to vote.
7(b) Once voted, the voter’s ballot shall be sealed in a provisional
8ballot envelope, and the ballot in its envelope shall be deposited
9in the ballot box. All provisional ballots voted shall remain sealed
10in their envelopes for return to the elections official in accordance
11with the elections official’s instructions. The provisional ballot
12envelopes specified in this subdivision shall be of a color different
13than the color of, but printed substantially similar to, the envelopes
14used for vote by mail ballots, and shall be completed in the same
15manner as vote by mail envelopes.
16(c) (1) During the official canvass, the elections official shall
17examine the records with respect to all provisional ballots cast.
18Using the procedures that apply to the comparison of signatures
19on vote by mail ballots, the elections official shall compare the
20signature on each provisional ballot envelope with the signature
21on the voter’s affidavit of registration orbegin delete the duplicate ofend delete the
22document that caused the voter to be registered to vote pursuant
23to subdivision (a) of Section 2101.5. If the signatures do not
24compare or the provisional ballot envelope is not signed, the ballot
25shall be rejected. A variation of the signature caused by the
26substitution of initials for the first or middle name, or both, shall
27not invalidate the ballot.
28(2) (A) Provisional
ballots shall not be included in any
29semiofficial or official canvass, except under one or more of the
30following conditions:
31(i) The elections official establishes prior to the completion of
32the official canvass, from the records in his or her office, the
33claimant’s right to vote.
34(ii) The provisional ballot has been cast and included in the
35canvass pursuant to Article 4.5 (commencing with Section 2170)
36of Chapter 2 of Division 2.
37(iii) Upon the order of a superior court in the county of the
38voter’s residence.
39(B) A voter may seek the court order specified in this paragraph
40regarding his or her own ballot at any time prior to completion of
P37 1the official canvass. Any judicial action or appeal shall have
2priority over all other civil matters. No fee shall
be charged to the
3claimant by the clerk of the court for services rendered in an action
4under this section.
5(3) The provisional ballot of a voter who is otherwise entitled
6to vote shall not be rejected because the voter did not cast his or
7her ballot in the precinct to which he or she was assigned by the
8elections official.
9(A) If the ballot cast by the voter contains the same candidates
10and measures on which the voter would have been entitled to vote
11in his or her assigned precinct, the elections official shall count
12the votes for the entire ballot.
13(B) If the ballot cast by the voter contains candidates or
14measures on which the voter would not have been entitled to vote
15in his or her assigned precinct, the elections official shall count
16only the votes for the candidates and measures on which the voter
17was entitled
to vote in his or her assigned precinct.
18(d) The Secretary of State shall establish a free access system
19that any voter who casts a provisional ballot may access to discover
20whether the voter’s provisional ballot was counted and, if not, the
21reason why it was not counted.
22(e) The Secretary of State may adopt appropriate regulations
23for purposes of ensuring the uniform application of this section.
24(f) This section shall apply to any vote by mail voter described
25by Section 3015 who is unable to surrender his or her unvoted vote
26by mail voter’s ballot.
27(g) Any existing supply of envelopes marked “special challenged
28ballot” may be used until the supply is exhausted.
Section 16442 of the Elections Code is amended to
30read:
After the affidavit is filed with the clerk of the superior
32court, a copy of the affidavit shall be personally served upon the
33defendant or sent to him or her by registered mail in a sealed
34envelope with postage prepaid, addressed to the defendant at the
35place of residence named in his or her affidavit of registration or
36begin delete the duplicate ofend delete the document that caused the voter to be registered
37to vote pursuant to subdivision (a) of Section 2101.5. The
38contestant shall make an affidavit of mailing if he or she serves
39the affidavit by mail, and shall file it on the same day with the
40county elections official.
Section 16462 of the Elections Code is amended to
2read:
No service other than as provided in this section need
4be made upon the defendant. The affidavit shall be filed in the
5office of the clerk of the superior court within five days after the
6completion of the official canvass. Upon the filing of the affidavit,
7the county elections official shall forthwith post, in a conspicuous
8place in his or her office, a copy of the affidavit. Upon the filing
9of the affidavit and its posting, the superior court of the county
10shall have jurisdiction of the subject matter and of the parties to
11the contest. The contestant on the date of filing the affidavit shall
12send by registered mail a copy thereof to the defendant in a sealed
13envelope, with postage prepaid, addressed to the defendant at the
14place of residence named in the affidavit of registration of the
15defendant orbegin delete the duplicate ofend delete
the document that caused the
16defendant to be registered to vote pursuant to subdivision (a) of
17Section 2101.5, and shall make and file an affidavit of mailing
18with the county elections official, which shall become a part of
19the records of the contest.
Section 17000 of the Elections Code is amended to
21read:
(a) The elections official shall preserve all canceled
23original affidavits of registration and the canceledbegin delete duplicates of documents that caused voters to be registered to vote pursuant
24theend delete
25to subdivision (a) of Section 2101.5 for a period of five years, after
26which they may be destroyed by that officer.
27(b) In lieu of preserving the canceled original affidavit of
28registration orbegin delete the duplicate ofend delete the document that caused the voter
29to be registered to vote pursuant to subdivision (a) of Section
302101.5, the elections official may, by filming or other suitable
31
method, record the canceled affidavit orbegin delete the duplicate ofend delete the
32document that caused the voter to be registered to vote pursuant
33to subdivision (a) of Section 2101.5 and destroy the affidavit or
34begin delete the duplicate ofend delete the document that caused the voter to be registered
35to vote pursuant to subdivision (a) of Section 2101.5 following
36the first general election after the date of cancellation.
Section 17001 of the Elections Code is amended to
38read:
The elections official shall keep a copy of the index to
40the affidavits of registration andbegin delete the duplicates ofend delete the documents
P39 1that caused voters to be registered to vote pursuant to subdivision
2(a) of Section 2101.5 described in Section 2180 on file as a public
3record for election and political research, and governmental
4purposes, for a period of five years.
Section 6254.4 of the Government Code is amended
6to read:
(a) The home address, telephone number, email
8address, precinct number, or other number specified by the
9Secretary of State for voter registration purposes, and prior
10registration information shown on the voter registration card or
11begin delete the duplicate ofend delete the document that caused the voter to be registered
12to vote pursuant to subdivision (a) of Section 2101.5begin insert of the
13Elections Codeend insert for a registered voter, is confidential and shall not
14be disclosed to a person, except pursuant to Section 2194 of the
15Elections Code.
16(b) For purposes of this
section, “home address” means street
17address only, and does not include an individual’s city or post
18office address.
19(c) The California driver’s license number, the California
20identification card number, the social security number, and any
21other unique identifier used by the State of California for purposes
22of voter identification shown on a voter registration card of a
23registered voter orbegin delete the duplicate ofend delete the document that caused the
24voter to be registered to vote pursuant to subdivision (a) of Section
252101.5begin insert of the Elections Codeend insert, or added to the voter registration
26records to comply with the requirements of the Help America Vote
27Act of 2002 (42 U.S.C. Sec. 15301 et seq.), are confidential and
28shall not be disclosed to any person.
29(d) The signature of the voter that is shown on the voter
30registration card orbegin delete the duplicate ofend delete the document that caused the
31voter to be registered to vote pursuant to subdivision (a) of Section
322101.5begin insert of the Elections Codeend insert is confidential and shall not be
33disclosed to any person.
Section 23365 of the Government Code is amended
35to read:
The elections official of the principal county shall
37furnish to the officers of each precinct the supplies and equipment
38as provided for in Sections 14105 and 14110 of the Elections Code.
39The elections official of each other affected county from which
40territory is proposed to be taken for the proposed county shall
P40 1provide to the officers of each precinct the indexes of registration
2for the precincts of the proposed county within their respective
3county. In addition, the elections official may, with the approval
4of the board of supervisors, furnish the original books of affidavits
5of registration andbegin delete the duplicates ofend delete the documents that caused
6voters to be registered to vote pursuant to subdivision (a) of Section
72101.5begin insert
of the Elections Codeend insert or other material necessary to verify
8signatures.
Section 23374.13 of the Government Code is amended
10to read:
The elections official of the principal county shall
12furnish to the officers of each precinct in the approved county the
13supplies and equipment as provided for in Sections 14105 and
1414110 of the Elections Code. The elections official of each other
15affected county shall provide to the officers of each precinct the
16indexes of registration for the precincts of the approved county
17within their respective county. In addition, the elections official
18may, with the approval of the board of supervisors, furnish the
19original books of affidavits of registration andbegin delete the duplicates ofend delete
20 the documents that caused voters to be registered to vote pursuant
21to subdivision (a) of Section 2101.5begin insert
of the Elections Codeend insert or other
22material necessary to verify signatures.
Section 57051 of the Government Code is amended
24to read:
(a) At any time prior to the conclusion of the protest
26hearing in the notice given by the executive officer, but not
27thereafter, an owner of land or a registered voter within inhabited
28territory that is the subject of a proposed change of organization
29or reorganization, or an owner of land within uninhabited territory
30that is the subject of a proposed change of organization or
31reorganization, may file a written protest against the change of
32organization or reorganization. A written protest shall state whether
33it is made by a landowner or registered voter and shall include the
34same information that is required in a petition for a change of
35organization or reorganization, as specified in Section 56704, or
36begin delete the duplicate ofend delete
the document that caused the voter to be registered
37to vote pursuant to subdivision (a) of Section 2101.5begin insert of the
38Elections Codeend insert. Protests may be made on behalf of an owner of
39land by an agent authorized in writing by the owner to act as agent
40with respect to that land. Protests may be made on behalf of a
P41 1private corporation which is an owner of land by any officer or
2employee of the corporation without written authorization by the
3corporation to act as agent in making that protest.
4(b) A written protest shall show the date that each signature was
5affixed to the protest. A signature without a date or bearing a date
6prior to the date of publication of the notice shall be disregarded
7for purposes of ascertaining the value of a written protest.
Section 12500.5 is added to the Vehicle Code, to
9read:
(a) In addition to any other requirements set forth in
11this division, the application for a new or renewed California
12driver’s license, instruction permit, junior permit, or identification
13card shall:
14(1) Request the information to establish whether the applicant
15satisfies the requirements to be registered to vote pursuant to
16Section 2101 of the Elections Code.
17(2) Contain a method by which the applicant shall indicate
18whether he or she is registered to vote.
19(3) Contain a statement that, if the applicant satisfies the
20requirements to vote pursuant to Section 2101 of the Elections
21Code,begin insert
and provides written consent by signing the statement,end insert he
22or she shall be registered tobegin delete vote, unless he or she declines to be vote.
23registered to vote or has indicated that he or she is already
24registered toend delete
25(4) Contain a method by which the applicant may decline to be
26registered to vote.
27(5) Request any other information required by state or federal
28law for a person to be registered to vote.
29(b) The Department of Motor Vehicles shall transmit to the
30county elections official for the county in which the applicant
31residesbegin delete a duplicateend deletebegin insert an electronic copyend insert of the completed application
32for a new or renewed California driver’s license, instruction permit,
33junior permit, or identification card of the applicantbegin insert, with any
34information that is not required to register to vote redacted,end insert if all
35of the following are satisfied:
36(1) The applicant has completed the application in its entirety.
37(2) The applicant has supplied sufficient information on the
38application to indicate that he or she satisfies the requirements to
39be registered to vote.
P42 1(3) The applicant has not indicated on the application that he
2or she is already registered to vote.
3(4) The applicant hasbegin delete not declinedend deletebegin insert provided written consentend insert to
4be registered to votebegin delete on the applicationend deletebegin insert
by signing the statement,
5as provided in paragraph (3) of subdivision (a)end insert.
6(c) Except where a duty imposed by law requires otherwise, in
7implementing this section, the Department of Motor Vehicles shall
8comply with applicable federal and state law relating to privacy
9and confidentiality of the information collected, shall collect only
10the information necessary to implement this section, and shall not
11share the information collected pursuant to this section with another
12agency or person except for a purpose directly related to voter
13registration.
14(d) The Department of Motor Vehicles shall confer with the
15 Secretary of State and shall develop applications for a new or
16renewed California driver’s license, instruction permit, junior
17permit, and identification card that are in compliance with this
18section not later than July 1, 2015.
19(e) The Department of Motor Vehicles and the Secretary of State
20shall develop a process and the infrastructure to allow the
21electronic copy of the applicant’s completed application for a new
22or renewed California driver’s license, instruction permit, junior
23permit, or identification card of the applicant, with any information
24that is not required to register to vote redacted, to be transmitted
25to the county elections officials.
Section 12950.5 of the Vehicle Code is amended to
27read:
(a) The department shall require a digitized signature
29on eachbegin insert Californiaend insert driver’s licensebegin insert andend insertbegin insert on each application for a
30new or renewed California driver’s license, instruction permit,
31junior permit, or identification cardend insert. A digitized signature is an
32electronic representation of a handwritten signature.
33(b) The department shall provide to the Secretary of State the
34digitized signature of a person who registers to vote on the voter
35registration card provided by the department or who completes an
36application for a new or renewed California driver’s license,
37instruction permit, junior permit, or identification card and does
38not decline to be registered to vote or has not indicated that he or
39she is already registered to vote.
P43 1(c) The department shall provide the Secretary of State with
2change-of-address information for a voter who indicates that he
3or she desires to have his or her address changed for voter
4registration purposes.
Section 60211 of the Water Code is amended to read:
A person shall not vote at a district election held under
7the provisions of this act who is not a voter within the meaning of
8the Elections Code, residing in the division of the district in which
9he or she casts his or her vote. For the purpose of registering voters
10who shall be entitled to vote at district elections, the county
11elections official is authorized, in a county in which there is a
12district, to indicate upon the affidavit of registration orbegin delete the duplicate the document that caused the voter to be registered to vote
13ofend delete
14pursuant to subdivision (a) of Section 2101.5begin insert of the Elections Codeend insert
15 whether the voter is a
voter of a district.
If the Commission on State Mandates determines
17that this act contains costs mandated by the state, reimbursement
18to local agencies and school districts for those costs shall be made
19pursuant to Part 7 (commencing with Section 17500) of Division
204 of Title 2 of the Government Code.
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