Amended in Senate April 10, 2014

Amended in Senate March 28, 2014

Senate BillNo. 1061


Introduced by Senator Block

February 18, 2014


An act to amend Sections 105,begin insert 300.5,end insert 2026, 2033, 2102, 2119, 2137, 2141, 2142, 2151,begin insert 2152,end insert 2156, 2165, 2166, 2166.5, 2166.7, 2167, 2180, 2181, 2183, 2187, 2189, 2190, 2194, 2200, 2202, 2203, 2204, 2205, 2206, 2212, 2221, 3006, 3007.5, 3009, 3011, 3013, 3019, 3021, 3501,begin insert 8002.5, 8081,end insert 9094,begin insert 12108,end insert 14310, 16442, 16462, 17000, and 17001 of, and to add Sections 2101.5, 2101.6, and 2155.1 to, the Elections Code, to amend Sections 6254.4, 23365, 23374.13, and 57051 of the Government Code, to amend Section 12950.5 of, and to add Section 12500.5 to, the Vehicle Code, and to amend Section 60211 of the Water Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

SB 1061, as 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 vote if the person provides written consent to be registered to vote, as specified.begin delete Persons registered to vote under these provisions would be registered as having no party preference.end delete If the person named on the applicationbegin delete or formend delete would not be 18 years of age at the time of the next election but otherwise satisfies the requirements to be registered to vote, he or she would be automatically registered to vote at the time that he or she will be 18 years of age by the time of the next election if the person provides written consent to be registered to vote on the applicationbegin delete or formend delete, as specified. The bill would require the Department of Motor Vehicles to send an electronic copy of each of these documents, with any information that is not required to register to vote redacted, to the elections official of the county in which the person named on the document resides, unless the person has not filled out thebegin delete formend deletebegin insert applicationend insert in its entirety,begin delete has not supplied sufficient information to indicate that he or she satisfies the requirements to be registered to vote,end delete declines to be registered to vote, or has indicated on thebegin delete formend deletebegin insert applicationend insert 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 registrationbegin delete, with the exception of political party preferenceend delete. 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 applicationsbegin delete and formsend delete by way of data processing equipment. The bill would require the county elections official to maintain canceled applications and forms that cause voters to be registered to vote.

Because the bill would require elections officials to provide a higher level of service, it would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

P3    1

SECTION 1.  

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

3

105.  

(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 or the document that caused the voter to
8be registered to vote pursuant to subdivision (a) of Section 2101.5.
9If the addresses are different, or if the petition or paper does not
10specify the residence address, or, in the case of an initiative or
11referendum petition, if the information specified in Section 9020
12is not contained in the petition, the affected signature shall not be
13counted 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.

17begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 300.5 of the end insertbegin insertElections Codeend insertbegin insert is amended to
18read:end insert

P4    1

300.5.  

“Affiliated with a political party” as used in reference
2to a voter or to a candidate for a voter-nominated office means the
3party preference that the voter or candidate has disclosed on his
4or her affidavit of registrationbegin insert or the document that caused the
5voter or candidate to be registered to vote pursuant to subdivision
6(a) of Section 2101.5end insert
.

7

begin deleteSEC. 2.end delete
8begin insertSEC. 3.end insert  

Section 2026 of the Elections Code is amended to read:

9

2026.  

The domicile of a Member of the Legislature or a
10Representative in the Congress of the United States shall be
11conclusively presumed to be at the residence address indicated on
12that person’s currently filed affidavit of registration or the
13document that caused the voter to be registered to vote pursuant
14to subdivision (a) of Section 2101.5.

15

begin deleteSEC. 3.end delete
16begin insertSEC. 4.end insert  

Section 2033 of the Elections Code is amended to read:

17

2033.  

Whenever the house number or the mailing address of
18a voter has been changed and the voter’s domicile is the same, the
19public agency authorizing the change shall notify the county
20elections official in writing of the change and the county elections
21official shall make the change on the voter’s registration and a
22new registration shall not be required.

23

begin deleteSEC. 4.end delete
24begin insertSEC. 5.end insert  

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

25

2101.5.  

(a) A person who is not currently registered to vote
26and properly completes an application for a new or renewed
27California driver’s license, instruction permit, junior permit, or
28identification card and who satisfies the requirements to be
29registered to vote shall be registered to vote if that person provides
30written consent to be registered to vote by signing the statement
31in the application, as provided in paragraph (3) of subdivision (a)
32of Section 12500.5 of the Vehicle Code. A person who is not
33currently registered to vote and properly completes an application
34for a new or renewed California driver’s license, instruction permit,
35junior permit, or identification card and who will not be 18 years
36of age at the time of the next election but otherwise satisfies the
37requirements to be registered to vote shall be automatically
38registered to vote at the time that he or she will be 18 years of age
39by the time of the next election if that person provides written
40consent to be registered to vote by signing the statement in the
P5    1application, as provided in paragraph (3) of subdivision (a) of
2Section 12500.5 of the Vehicle Code.

3(b) A person may register to vote by completing an affidavit of
4registration as provided for by this chapter.

begin delete

5(c) A person who is registered to vote pursuant to subdivision
6(a) shall be registered as having no party preference. For purposes
7of this code, a person who is registered pursuant to subdivision (a)
8shall be treated as if he or she has declined to state a party
9preference on the affidavit of registration pursuant to Section 2151.

10(d)

end delete

11begin insert(c)end insert If a person who does not satisfy the requirements to be
12registered to vote is registered to vote pursuant to subdivision (a),
13he or she shall not suffer any legal penalty or loss of any benefit
14to which he or she may otherwise be entitled unless he or she
15intended to fraudulently register to vote.

begin delete

16(e)

end delete

17begin insert(d)end insert An application that is completed pursuant to subdivision
18(a), by a person who is currently registered to vote but failed to
19indicate that fact on the application, shall be construed as updating
20the person’s previous voter registration. begin delete However, a person’s party
21preference shall not be updated to reflect a preference of decline
22to state pursuant to subdivision (c) if the person disclosed a party
23preference in connection with the previous registration.end delete

24

begin deleteSEC. 5.end delete
25begin insertSEC. 6.end insert  

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

26

2101.6.  

(a) Upon receipt of the document from the Department
27of Motor Vehicles, sent pursuant to Section 12500.5 of the Vehicle
28Code, the county elections official shall examine the document
29and determine if the person named on the document has supplied
30the information required to establish that he or she is qualified to
31vote. If the person named on the document is not currently
32registered to vote and the document indicates that the person
33satisfies the requirements to be registered to vote, the document
34shall be treated by the county elections official the same as a
35completed affidavit of registration. If the person named on the
36document will not be 18 years of age at the time of the next election
37but otherwise satisfies the requirements to be registered to vote,
38the person shall be automatically registered to vote at the time that
39he or she will be 18 years of age by the time of the next election.

P6    1(b) Registration to vote pursuant to subdivision (a) of Section
22101.5 shall be deemed effective if received by the Department
3of Motor Vehicles on or before the 15th day prior to the election.

4(c) The document received from the Department of Motor
5Vehicles that caused a voter to be registered pursuant to subdivision
6(a) of Section 2101.5 shall be maintained by the county elections
7official in the same manner that the county elections official
8maintains an affidavit of registration.

9(d) For purposes of verifying a signature on a recall, initiative,
10or referendum petition or a signature on a nomination paper or any
11other election petition or election paper, a properly executed
12application for a new or renewed California driver’s license,
13instruction permit, junior permit, or identification cardbegin delete filing formend delete
14 that caused a person to be registered to vote pursuant to subdivision
15(a) of Section 2101.5 shall be deemed effective for verification
16purposes if both (1) the applicationbegin delete or formend delete is signed on the same
17date or a date prior to the signing of the petition or paper, and (2)
18the applicationbegin delete or formend delete is received by the county elections official
19on or before the date on which the petition or paper is filed.

20

begin deleteSEC. 6.end delete
21begin insertSEC. 7.end insert  

Section 2102 of the Elections Code, as amended by
22Section 2 of Chapter 899 of the Statutes of 2000, is amended to
23read:

24

2102.  

(a) An affidavit of registration shall be mailed or
25delivered to the county elections official and shall set forth all of
26the facts required to be shown by this chapter. A properly executed
27registration shall be deemed effective upon receipt of the affidavit
28by the county elections official if received on or before the 15th
29day prior to an election to be held in the registrant’s precinct. A
30properly executed registration shall also be deemed effective upon
31receipt of the affidavit by the county elections official if any of
32the following apply:

33(1) The affidavit is postmarked on or before the 15th day prior
34to the election and received by mail by the county elections official.

35(2) The affidavit is submitted to the Department of Motor
36Vehicles or accepted by any other public agency designated as a
37voter registration agency pursuant to the National Voter
38Registration Act of 1993 (42 U.S.C. Sec. 1973gg) on or before the
3915th day prior to the election.

P7    1(3) The affidavit is delivered to the county elections official by
2means other than those described in paragraph (1) or (2) on or
3before the 15th day prior to the election.

4(b) For purposes of verifying a signature on a recall, initiative,
5or referendum petition or a signature on a nomination paper or any
6other election petition or election paper, a properly executed
7affidavit of registration shall be deemed effective for verification
8purposes if both (1) the affidavit is signed on the same date or a
9date prior to the signing of the petition or paper, and (2) the
10affidavit is received by the county elections official on or before
11the date on which the petition or paper is filed.

12(c) Notwithstanding any other law to the contrary, the affidavit
13of registration required under this chapter may not be taken under
14sworn oath, but the content of the affidavit shall be certified as to
15its truthfulness and correctness, under penalty of perjury, by the
16signature of the affiant.

17

begin deleteSEC. 7.end delete
18begin insertSEC. 8.end insert  

Section 2102 of the Elections Code, as amended by
19Section 2 of Chapter 364 of the Statutes of 2009, is amended to
20read:

21

2102.  

(a) An affidavit of registration shall be mailed or
22delivered to the county elections official and shall set forth all of
23the facts required to be shown by this chapter. A properly executed
24registration shall be deemed effective upon receipt of the affidavit
25by the county elections official if received on or before the 15th
26day prior to an election to be held in the registrant’s precinct. A
27properly executed registration shall also be deemed effective upon
28receipt of the affidavit by the county elections official if any of
29the following apply:

30(1) The affidavit is postmarked on or before the 15th day prior
31to the election and received by mail by the county elections official.

32(2) The affidavit is submitted to the Department of Motor
33Vehicles or accepted by any other public agency designated as a
34voter registration agency pursuant to the National Voter
35Registration Act of 1993 (42 U.S.C. Sec. 1973gg) on or before the
3615th day prior to the election.

37(3) The affidavit is delivered to the county elections official by
38means other than those described in paragraph (1) or (2) on or
39before the 15th day prior to the election.

P8    1(b) For purposes of verifying a signature on a recall, initiative,
2or referendum petition or a signature on a nomination paper or any
3other election petition or election paper, a properly executed
4affidavit of registration shall be deemed effective for verification
5purposes if both of the following conditions are satisfied:

6(1) The affidavit is signed on the same date or a date prior to
7the signing of the petition or paper.

8(2) The affidavit is received by the county elections official on
9or before the date on which the petition or paper is filed.

10(c) Notwithstanding any other law to the contrary, the affidavit
11of registration required under this chapter may not be taken under
12sworn oath, but the content of the affidavit shall be certified as to
13its truthfulness and correctness, under penalty of perjury, by the
14signature of the affiant.

15(d) A person who is at least 17 years of age and otherwise meets
16all eligibility requirements to vote may submit his or her affidavit
17of registration as prescribed by this section. A properly executed
18registration made pursuant to this subdivision shall be deemed
19effective as of the date the affiant will be 18 years of age, if the
20information in the affidavit of registration is still current at that
21time. If the information provided by the affiant in the affidavit of
22registration is not current at the time that the registration would
23otherwise become effective, for his or her registration to become
24effective, the affiant shall provide the current information to the
25proper county elections official as prescribed by this chapter.

26

begin deleteSEC. 8.end delete
27begin insertSEC. 9.end insert  

Section 2119 of the Elections Code is amended to read:

28

2119.  

(a) In lieu of executing a new affidavit of registration
29for a change of address within the county, the county elections
30official shall accept a notice or letter of the change of address
31signed by a voter as he or she is registered.

32(b) The county elections official shall accept a notification for
33the forthcoming election and shall change the address on the voter’s
34registration accordingly if the notification is executed on or before
35the 15th day prior to the election and if any of the following apply:

36(1) The notification is postmarked on or before the 15th day
37prior to the election and received by mail by the county elections
38official.

39(2) The notification is submitted to the Department of Motor
40Vehicles or accepted by any other public agency designated as a
P9    1voter registration agency pursuant to the National Voter
2Registration Act of 1993 (42 U.S.C. Sec. 1973gg) prior to the
3election.

4(3) The notification is delivered to the county elections official
5by means other than those described in paragraphs (1) and (2) on
6or before the 14th day prior to the election.

7

begin deleteSEC. 9.end delete
8begin insertSEC. 10.end insert  

Section 2137 of the Elections Code is amended to
9read:

10

2137.  

When an elector is registered by completing an affidavit
11of registration, his or her name, residence, and residence telephone
12number, if furnished, shall be entered on the stub attached to the
13original affidavit. If for any cause the affidavit is spoiled in the
14course of execution or a mistake is made, the affidavit shall not
15be destroyed, but the name of the elector for whom it was intended,
16with his or her residence, shall be entered on the stub as in other
17cases, and the stubs and affidavits each marked with the word
18“spoiled.”

19

begin deleteSEC. 10.end delete
20begin insertSEC. 11.end insert  

Section 2141 of the Elections Code is amended to
21read:

22

2141.  

(a) If the county elections official deems a duplicate file
23of voter registrations to be necessary for administrative purposes,
24the county elections official may prepare, upon the receipt in his
25or her office of the original affidavit of registration or the document
26that caused the voter to be registered to vote pursuant to subdivision
27(a) of Section 2101.5, a reproduction thereof in compliance with
28the following conditions:

29(1) The document is photographed, microphotographed, or
30reproduced in a manner approved for permanent records by the
31National Bureau of Standards.

32(2) The device used to reproduce the document is one that
33accurately reproduces the document in all details.

34(3) The photographs, microphotographs, or other reproductions
35are placed in conveniently accessible files and provision is made
36for preserving, examining, and using the same.

37(b) Wherever in this code “duplicate affidavit” is used it shall
38be deemed to include the reproduced affidavit authorized by this
39section.

P10   1(c) A signature comparison required by this code may be made
2against a duplicate produced in compliance with this section.

3

begin deleteSEC. 11.end delete
4begin insertSEC. 12.end insert  

Section 2142 of the Elections Code is amended to
5read:

6

2142.  

(a) If the county elections official refuses to register a
7qualified elector in the county, the elector may proceed by action
8in the superior court to compel his or her registration. In an action
9under this section, as many persons may join as plaintiffs as have
10causes of action.

11(b) If the county elections official has not registered a qualified
12elector who claims to have registered to vote through the
13Department of Motor Vehicles or a public agency designated as a
14voter registration agency pursuant to the National Voter
15Registration Act of 1993 (42 U.S.C. Sec. 1973gg), the elector may
16proceed by action in the superior court to compel his or her
17registration. In an action under this section, as many persons may
18join as plaintiffs as have causes of action.

19(c) A fee shall not be charged by the clerk of the court for
20services rendered in an action under this section.

21

begin deleteSEC. 12.end delete
22begin insertSEC. 13.end insert  

Section 2151 of the Elections Code is amended to
23read:

24

2151.  

(a) At the time of completing an affidavit of registration
25begin insert and the document that caused the voter to be registered to vote
26pursuant to subdivision (a) of Section 2101.5,end insert
and of transferring
27registration, an elector may disclose the name of the political party
28that he or she prefers. The name of that political party shall be
29stated in the affidavit of registrationbegin insert, the document that caused the
30voter to be registered to vote pursuant to subdivision (a) of Section
312101.5,end insert
and the index.

32(b) (1) The voter registration cardbegin insert andend insertbegin insert the document that caused
33the voter to be registered to vote pursuant to subdivision (a) of
34Section 2101.5end insert
shall inform the affiant that an elector may decline
35to disclose a political party preference, but a person shall not be
36entitled to vote the ballot of a political party at a primary election
37for President of the United States or for a party committee unless
38he or she has disclosed the name of the party that he or she prefers
39or unless he or she has declined to disclose a party preference and
40the political party, by party rule duly noticed to the Secretary of
P11   1State, authorizes a person who has declined to disclose a party
2preference to vote the ballot of that political party. The voter
3registration cardbegin insert and the document that caused the voter to be
4registered to vote pursuant to subdivision (a) of Section 2101.5end insert

5 shall further inform the affiant that a registered voter may vote for
6any candidate at a primary election for state elective office or
7congressional office, regardless of the disclosed party preference
8of the registrant or the candidate seeking that office or the refusal
9of the registrant or candidate to disclose a party preference.

10(2) The voter registration cardbegin insert and the document that caused
11the voter to be registered to vote pursuant to subdivision (a) of
12Section 2101.5end insert
shall include a listing of all qualified political
13parties. As part of that listing, the voter registration cardbegin insert and the
14document that caused the voter to be registered to vote pursuant
15to subdivision (a) of Section 2101.5end insert
shall also contain an option
16that permits the affiant to decline to disclose a party preference.
17This option shall be placed at the end of the listing of qualified
18political parties.

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

27(d) As of the effective date of the statute that added this
28subdivision, any voter who previously stated a political party
29affiliation when registering to vote shall be deemed to have
30disclosed that same party as his or her political party preference
31unless the voter files a new affidavit of registrationbegin insert or a new
32document that caused the voter to be registered to vote pursuant
33to subdivision (a) of Section 2101.5end insert
disclosing a different political
34party preference or no political party preference. Any voter who
35previously declined to state a party affiliation shall be deemed to
36have declined to disclose a party preference unless the voter files
37a new affidavit of registrationbegin insert or a new document that caused the
38voter to be registered to vote pursuant to subdivision (a) of Section
392101.5end insert
disclosing a different political party preference.

P12   1(e) The Secretary of State may continue to supply existing
2affidavits of registration prior to printing new or revised forms
3that reflect the changes required pursuant to any amendment made
4to this section.

5begin insert

begin insertSEC. 14.end insert  

end insert

begin insertSection 2152 of the end insertbegin insertElections Codeend insertbegin insert is amended to
6read:end insert

7

2152.  

Whenever any voter has declined to disclose or has
8changed his or her party preference prior to the close of registration
9for an election, he or she may either so disclose or have a change
10recorded by executing a new affidavit of registrationbegin insert or a new
11document that caused the voter to be registered to vote pursuant
12to subdivision (a) of Section 2101.5end insert
and completing the prior
13registration portion of the affidavitbegin insert or documentend insert.

14

begin deleteSEC. 13.end delete
15begin insertSEC. 15.end insert  

Section 2155.1 is added to the Elections Code, to
16read:

17

2155.1.  

Upon receipt of the document signed by the voter from
18the Department of Motor Vehicles that caused a voter to be
19registered pursuant to subdivision (a) of Section 2101.5, the county
20elections official shall inspect the voter index to determine whether
21the person has been previously registered to vote. If the county
22elections official determines that the person has not previously
23been registered to vote, the county elections official shall send the
24voter a voter notification by nonforwardable, first-class mail,
25address correction requested, and a voter registration card.

26The voter notification shall be substantially in the following
27form:

2829VOTER NOTIFICATION
30

31You are registered to vote.begin delete Because you have not completed an
32affidavit of voter registration, you are registered as declaring no
33party preference.end delete
begin insert The party preference you chose, if any, is shown
34on the reverse side of this card.end insert

35You may vote in any election held 15 or more days after the date
36shown on the reverse side of this card.

37Your name will appear on the index kept at the polls.

38Please contact your county elections office if the information
39shown on the reverse side of this card is incorrect.

P13   1

begin deleteSEC. 14.end delete
2begin insertSEC. 16.end insert  

Section 2156 of the Elections Code is amended to
3read:

4

2156.  

The Secretary of State shall print, or cause to be printed,
5the blank forms of the voter notification prescribed by Sections
62155 and 2155.1. The Secretary of State shall supply the forms to
7the county elections official in quantities and at times requested
8by the county elections official. The Secretary of State may
9continue to supply, and a county elections official may continue
10to use, existing voter notification forms prior to printing new or
11revised forms as required by any changes to Section 2155 or
122155.1.

13

begin deleteSEC. 15.end delete
14begin insertSEC. 17.end insert  

Section 2165 of the Elections Code is amended to
15read:

16

2165.  

Affidavits of registration and the documents that caused
17voters to be registered to vote pursuant to subdivision (a) of Section
182101.5 for the whole of each county shall be filed, as fast as the
19registration progresses, in any orderly arrangement as prescribed
20by the county elections official. If the documents are not filed
21alphabetically without regard to precinct, the county elections
22official shall, by electronic, electromechanical, or other suitable
23means, provide, for general use in his or her office, a
24comprehensive, printed alphabetical index to the surnames of
25voters on all uncanceled voter registrations for the whole of the
26county, whereby the affidavit of registration of a voter or the
27document that caused the voter to be registered to vote pursuant
28to subdivision (a) of Section 2101.5 may be ascertained and
29produced. In the case of voters having the same surname, the
30classification of names appearing on the index shall extend to the
31given and, where necessary, the middle name or initial.

32

begin deleteSEC. 16.end delete
33begin insertSEC. 18.end insert  

Section 2166 of the Elections Code is amended to
34read:

35

2166.  

(a)  A person who is filing with the county elections
36official a new affidavit of registration or reregistration or is
37registered pursuant to subdivision (a) of Section 2101.5 may have
38the information relating to his or her residence address, telephone
39number, and email address appearing on the affidavit or the
40document that caused the voter to be registered to vote pursuant
P14   1to subdivision (a) of Section 2101.5, or a list or roster or index
2prepared therefrom, declared confidential upon order of a superior
3court issued upon a showing of good cause that a life-threatening
4circumstance exists to the voter or a member of the voter’s
5household, and naming the county elections official as a party.

6(b) A person granted confidentiality under subdivision (a) shall:

7(1) Be considered a vote by mail voter for all subsequent
8elections or until the county elections official is notified otherwise
9by the court or in writing by the voter. A voter requesting
10termination of vote by mail status thereby consents to placement
11of his or her residence address, telephone number, and email
12address in the roster of voters.

13(2) In addition to the required residence address, provide a valid
14mailing address to be used in place of the residence address for
15election, scholarly, or political research, and government purposes.
16The elections official, in producing a list, roster, or index may, at
17his or her choice, use the valid mailing address or the word
18“confidential” or some similar designation in place of the residence
19 address.

20(c) An action in negligence shall not be maintained against a
21government entity or officer or employee thereof as a result of the
22disclosure of the information which is the subject of this section
23unless by a showing of gross negligence or willfulness.

24

begin deleteSEC. 17.end delete
25begin insertSEC. 19.end insert  

Section 2166.5 of the Elections Code is amended to
26read:

27

2166.5.  

(a) A person who is filing with the county elections
28official a new affidavit of registration or reregistration or is
29registered pursuant to subdivision (a) of Section 2101.5 may have
30the information relating to his or her residence address, telephone
31number, and email address appearing on the affidavit or the
32document that caused the voter to be registered to vote pursuant
33to subdivision (a) of Section 2101.5, or a list or roster or index
34prepared therefrom, declared confidential upon presentation of
35certification that the person is a participant in the Address
36Confidentiality for Victims of Domestic Violence, Sexual Assault,
37and Stalking program pursuant to Chapter 3.1 (commencing with
38Section 6205) of Division 7 of Title 1 of the Government Code or
39a participant in the Address Confidentiality for Reproductive Health
40Care Service Providers, Employees, Volunteers, and Patients
P15   1program pursuant to Chapter 3.2 (commencing with Section 6215)
2of that division.

3(b) A person granted confidentiality under subdivision (a) shall:

4(1) Be considered a vote by mail voter for all subsequent
5elections or until the county elections official is notified otherwise
6by the Secretary of State or in writing by the voter. A voter
7requesting termination of vote by mail status thereby consents to
8placement of his or her residence address, telephone number, and
9email address in the roster of voters.

10(2) In addition to the required residence address, provide a valid
11mailing address to be used in place of the residence address for
12election, scholarly, or political research, and government purposes.
13The elections official, in producing a list, roster, or index may, at
14his or her choice, use the valid mailing address or the word
15“confidential” or some similar designation in place of the residence
16address.

17(c) An action in negligence shall not be maintained against a
18government entity or officer or employee thereof as a result of the
19disclosure of the information that is the subject of this section
20unless by a showing of gross negligence or willfulness.

21(d) Subdivisions (a) and (b) shall not apply to any person granted
22confidentiality upon receipt by the county elections official of a
23written notice by the address confidentiality program manager of
24the withdrawal, invalidation, expiration, or termination of the
25program participant’s certification.

26

begin deleteSEC. 18.end delete
27begin insertSEC. 20.end insert  

Section 2166.7 of the Elections Code is amended to
28read:

29

2166.7.  

(a) If authorized by his or her county board of
30supervisors, a county elections official shall, upon application of
31a public safety officer, make confidential that officer’s residence
32address, telephone number, and email address appearing on the
33affidavit of registration or the document that caused the voter to
34be registered to vote pursuant to subdivision (a) of Section 2101.5,
35pursuant to this section.

36(b) The application by the public safety officer shall contain a
37statement, signed under penalty of perjury, that the person is a
38public safety officer as defined in subdivision (f) and that a
39life-threatening circumstance exists to the officer or a member of
40the officer’s family. The application shall be a public record.

P16   1(c) The confidentiality granted pursuant to subdivision (a) shall
2terminate no more than two years after commencement, as
3determined by the county elections official. The officer may submit
4a new application for confidentiality pursuant to subdivision (a),
5and the new request may be granted for an additional period of
6not more than two years.

7(d) A person granted confidentiality under subdivision (a) shall:

8(1) Be considered a vote by mail voter for all subsequent
9elections or until the county elections official is notified otherwise
10by the Secretary of State or in writing by the voter. A voter
11requesting termination of vote by mail status thereby consents to
12placement of his or her residence address, telephone number, and
13email address in the roster of voters.

14(2) In addition to the required residence address, provide a valid
15mailing address to be used in place of the residence address for
16election, scholarly, or political research, and government purposes.
17The elections official, in producing any list, roster, or index may,
18at his or her choice, use the valid mailing address or the word
19“confidential” or some similar designation in place of the residence
20address.

21(e) An action in negligence shall not be maintained against a
22government entity or officer or employee thereof as a result of the
23disclosure of the information that is the subject of this section
24unless by a showing of gross negligence or willfulness.

25(f) “A public safety officer” has the same meaning as a public
26safety official as defined in subdivision (a), (d), (e), (f), or (j) of
27Section 6254.24 of the Government Code.

28

begin deleteSEC. 19.end delete
29begin insertSEC. 21.end insert  

Section 2167 of the Elections Code is amended to
30read:

31

2167.  

(a) Upon the personal or written application of a person,
32the county elections official shall, at a fee not to exceed one dollar
33and fifty cents ($1.50), provide the applicant with a certified copy
34of the entries upon the register relating to the applicant.

35(b) A certified copy of an uncanceled affidavit of registration
36or a certified copy of an uncanceled document that caused the voter
37to be registered to vote pursuant to subdivision (a) of Section
382101.5 is prima facie evidence that the person named in the entry
39is a voter of the county.

P17   1

begin deleteSEC. 20.end delete
2begin insertSEC. 22.end insert  

Section 2180 of the Elections Code is amended to
3read:

4

2180.  

(a) At least once, and more often if he or she deems it
5necessary, within each two-year period commencing on the first
6day of January in each odd-numbered year, the county elections
7official shall have printed a complete index, by precinct, to the
8affidavits of registration and the documents that caused voters to
9be registered to vote pursuant to subdivision (a) of Section 2101.5
10current at the date of printing.

11(b) (1) The index shall contain the name, address, residence
12telephone number if furnished, and political party preference of
13each voter if furnished, and also a ruled space to the left of each
14 name, within which to write, in figures, the line number designating
15the position of the name of the voter on the roster of voters.

16(2) The name shall include the given name and the middle name
17or initials, if any. At the affiant’s option, the given name may be
18preceded by the designation “Miss,” “Ms.,” “Mrs.,” or “Mr.”

19(c) The index shall be printed in a size no smaller than
20eight-point roman type on eight-point body and shall be arranged
21in alphabetical order in accordance with the surnames of the voters.

22(d) A space of not less than one-quarter inch or one line of
23printing shall be left between the names of voters beginning with
24one letter of the alphabet and those starting with the next letter of
25the alphabet.

26(e) Supplements of the same content and style may be printed
27as need for them appears.

28

begin deleteSEC. 21.end delete
29begin insertSEC. 23.end insert  

Section 2181 of the Elections Code is amended to
30read:

31

2181.  

In addition to printing a complete index within and for
32each two-year period, as provided in Section 2180, the county
33elections official may print and maintain one complete and
34continuing index, by precinct, to the affidavits of registration and
35the documents that caused voters to be registered to vote pursuant
36to subdivision (a) of Section 2101.5 and keep the index current by
37supplements and deletions as provided in Sections 2180 and 2183,
38and by reprinting portions of the index by precinct, as the need
39appears, the reprinted portions to contain the same information
P18   1concerning each voter and to be in the same style, spacing, and
2type of print as provided in Section 2180.

3

begin deleteSEC. 22.end delete
4begin insertSEC. 24.end insert  

Section 2183 of the Elections Code is amended to
5read:

6

2183.  

(a) The elections official shall supply copies of the index
7and of supplements to the index, necessary to bring it up to date,
8for an election to be held within the county. The county elections
9official shall also supply as many copies of the index and
10supplements, not to exceed four in number, as may be requested
11by the elections official of a city, school district, or other body.
12The name of a voter whose affidavit of registration or registration
13made pursuant to subdivision (a) of Section 2101.5 has been
14canceled shall be lined out of the index and supplement. The county
15elections official may charge an amount that will reimburse the
16county for the expense incurred in preparing and furnishing a lined
17out index of registrations and supplements other than for those
18provided for by Sections 2180 and 2182.

19(b) In the case of a municipal election, an index provided
20pursuant to this section shall be supplied to the city elections
21official not less than 25 days prior to the day of the election for
22which it is provided. If the index does not contain the names of all
23people eligible to vote in the election, the county elections official
24shall supply a supplement to the index, including all voters who
25registered after the 54th day before the election, not less than seven
26days prior to the election for which it is provided.

27

begin deleteSEC. 23.end delete
28begin insertSEC. 25.end insert  

Section 2187 of the Elections Code is amended to
29read:

30

2187.  

(a) A county elections official shall send to the Secretary
31of State, in a format described by the Secretary of State, a summary
32statement of the number of voters in the county. The statement
33shall show the total number of voters in the county, the number
34registered as preferring each qualified political party, the number
35registered in nonqualified parties, and the number who declined
36to state a party preferencebegin delete, and the number who have been
37registered as having no party affiliation because of registration of
38the voter pursuant to subdivision (a) of Section 2101.5end delete
. The
39statement shall also show the number of voters, by political
40preference, in each city, supervisorial district, Assembly district,
P19   1Senate district, and congressional district located in whole or in
2part within the county.

3(b) The Secretary of State, on the basis of the statements sent
4by the county elections officials and within 30 days after receiving
5those statements, shall compile a statewide list showing the number
6of voters, by party preference, in the state and in each county, city,
7supervisorial district, Assembly district, Senate district, and
8congressional district in the state. A copy of this list shall be made
9available, upon request, to any elector in this state.

10(c) Each county that uses data processing equipment to store
11the information set forth in the affidavit of registration or the
12document that caused a person to be registered to vote pursuant
13to subdivision (a) of Section 2101.5 shall send to the Secretary of
14State one copy of the electronic data file with the information
15requested by the Secretary of State. Each county that does not use
16data-processing storage shall send to the Secretary of State one
17copy of the index setting forth that information.

18(d) The summary statements and the electronic data file copy
19or the index shall be sent at the following times:

20(1) On the 135th day before each presidential primary and before
21each direct primary, with respect to voters registered on the 154th
22day before the primary election.

23(2) Not less than 50 days prior to the primary election, with
24respect to voters registered on the 60th day before the primary
25election.

26(3) Not less than seven days prior to the primary election, with
27respect to voters registered before the 14th day prior to the primary
28election.

29(4) Not less than 102 days prior to each presidential general
30election, with respect to voters registered before the 123rd day
31before the presidential general election.

32(5) Not less than 50 days prior to the general election, with
33respect to voters registered on the 60th day before the general
34election.

35(6) Not less than seven days prior to the general election, with
36respect to voters registered before the 14th day prior to the general
37election.

38(7) On or before March 1 of each odd-numbered year, with
39respect to voters registered as of February 10.

P20   1(e) The Secretary of State may adopt regulations prescribing
2the content and format of the electronic data file or index referred
3to in subdivision (c) and containing the registered voter
4information.

5(f) The Secretary of State may adopt regulations prescribing
6additional regular reporting times, except that the total number of
7reporting times in any one calendar year shall not exceed 12.

8(g) The Secretary of State shall make the information from the
9electronic data files or the printed indexes available, under
10conditions prescribed by the Secretary of State, to any candidate
11for federal, state, or local office, to any committee for or against
12any proposed ballot measure, to any committee for or against any
13initiative or referendum measure for which legal publication is
14made, and to any person for election, scholarly, or political
15research, or governmental purposes as determined by the Secretary
16of State.

17(h) For purposes of this section, “electronic data file” means
18either a magnetic tape or a data file in an alternative electronic
19format, at the discretion of the county elections official.

20

begin deleteSEC. 24.end delete
21begin insertSEC. 26.end insert  

Section 2189 of the Elections Code is amended to
22read:

23

2189.  

Before the day of an election held throughout the county,
24the county elections official shall deliver to the precinct board in
25each precinct three copies of the index to the affidavits of
26registration and the documents that caused voters to be registered
27to vote pursuant to subdivision (a) of Section 2101.5 for that
28precinct, with canceled names lined out and with necessary
29supplements to bring the index up to date. The index and
30supplements shall constitute the register to be used at the election.

31

begin deleteSEC. 25.end delete
32begin insertSEC. 27.end insert  

Section 2190 of the Elections Code is amended to
33read:

34

2190.  

(a) If the county elections official maintains tabulating
35cards containing the information set forth in the affidavits of
36registration of voters and the documents that caused voters to be
37registered to vote pursuant to subdivision (a) of Section 2101.5,
38or sets forth that information on electronic data processing tape,
39he or she shall provide, upon request, not less than 30 days prior
40to each direct primary election and general election, one set of
P21   1those cards or a copy of the tape to the county central committee
2of a party for all voters allowed to participate in the subsequent
3direct primary election or general election. The county elections
4official shall also furnish to the county central committee, not less
5than seven days prior to each direct primary election and general
6election, one set of those cards or a copy of the tape of those voters
7who registered after the 54th day before the election. The cards or
8tape shall be provided without charge, except that the county
9central committee shall provide a replacement for the tape.

10(b) In addition to those provided to county central committees,
11the county elections official shall provide, upon request, a set of
12cards or a copy of a tape to any candidate or committee specified
13in Section 2184, provided that the candidate or committee
14reimburses the county for whatever actual costs are involved in
15providing this service.

16

begin deleteSEC. 26.end delete
17begin insertSEC. 28.end insert  

Section 2194 of the Elections Code is amended to
18read:

19

2194.  

(a) Except as provided in Section 2194.1, the voter
20registration card information identified in Section 6254.4 of the
21Government Code:

22(1) Shall be confidential and shall not appear on any computer
23terminal, list, affidavit, duplicate affidavit, or other medium
24routinely available to the public at the county elections official’s
25office.

26(2) Shall not be used for any personal, private, or commercial
27purpose, including, but not limited to:

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

29(B) The advertising, solicitation, sale, or marketing of products
30or services to any voter or voter’s household.

31(C) Reproduction in print, broadcast visual or audio, or display
32on the Internet or any computer terminal unless pursuant to
33paragraph (3).

34(3) Shall be provided with respect to any voter, subject to the
35provisions of Sections 2166.5, 2166.7, and 2188, to any candidate
36for federal, state, or local office, to any committee for or against
37any initiative or referendum measure for which legal publication
38is made, and to any person for election, scholarly, journalistic, or
39political purposes, or for governmental purposes, as determined
40by the Secretary of State.

P22   1(b) (1) Notwithstanding any other law, the California driver’s
2license number, the California identification card number, the
3social security number, and any other unique identifier used by
4the State of California for purposes of voter identification shown
5on a voter registration card or the document that caused a person
6to be registered to vote pursuant to subdivision (a) of Section
72101.5 of a registered voter, or added to voter registration records
8to comply with the requirements of the federal Help America Vote
9Act of 2002 (42 U.S.C. Sec. 15301 et seq.), are confidential and
10shall not be disclosed to any person.

11(2) Notwithstanding any other law, the signature of the voter
12shown on the voter registration card or the document that caused
13a person to be registered to vote pursuant to subdivision (a) of
14Section 2101.5 is confidential and shall not be disclosed to any
15 person, except as provided in subdivision (c).

16(c) (1) The home address or signature of any voter shall be
17released whenever the person’s vote is challenged pursuant to
18Sections 15105 to 15108, inclusive, or Article 3 (commencing
19with Section 14240) of Chapter 3 of Division 14. The address or
20signature shall be released only to the challenger, to elections
21officials, and to other persons as necessary to make, defend against,
22or adjudicate the challenge.

23(2) An elections official shall permit a person to view the
24signature of a voter for the purpose of determining whether the
25signature matches a signature on an affidavit of registration, the
26document that caused a person to be registered to vote pursuant
27to subdivision (a) of Section 2101.5, or a petition, but shall not
28permit a signature to be copied.

29(d) A governmental entity, or officer or employee thereof, shall
30not be held civilly liable as a result of disclosure of the information
31referred to in this section, unless by a showing of gross negligence
32or willfulness.

33(e) For the purposes of this section, “voter’s household” is
34defined as the voter’s place of residence or mailing address or any
35persons who reside at the place of residence or use the mailing
36address as supplied on the affidavit of registration pursuant to
37paragraphs (3) and (4) of subdivision (a) of Section 2150 or the
38document that caused a person to be registered to vote pursuant
39to subdivision (a) of Section 2101.5.

P23   1

begin deleteSEC. 27.end delete
2begin insertSEC. 29.end insert  

Section 2200 of the Elections Code is amended to
3read:

4

2200.  

The registration of a voter is permanent for all purposes
5during his or her life, unless and until the registration is canceled
6by the county elections official for any of the causes specified in
7this article.

8

begin deleteSEC. 28.end delete
9begin insertSEC. 30.end insert  

Section 2202 of the Elections Code is amended to
10read:

11

2202.  

(a) The county elections official shall preserve all
12uncanceled affidavits of registration and documents that caused
13voters to be registered to vote pursuant to subdivision (a) of Section
142101.5 in a secure manner that will protect the confidentiality of
15the voter information consistent with Section 2194.

16The affidavits of registration and the documents that caused
17voters to be registered to vote pursuant to subdivision (a) of Section
182101.5 shall constitute the register required to be kept by Article
195 (commencing with Section 2180) of Chapter 2.

20(b) In lieu of maintaining uncanceled affidavits of registration
21and documents that caused voters to be registered to vote pursuant
22to subdivision (a) of Section 2101.5, the county elections official
23may, following the first general election after the date of
24registration, microfilm, record on optical disc, or record on another
25electronic medium that does not permit an addition, deletion, or
26change to the original document, the uncanceled affidavits of
27registration and documents that caused voters to be registered to
28vote pursuant to subdivision (a) of Section 2101.5. Use of an
29electronic medium to record uncanceled affidavits of registration
30and documents that caused voters to be registered to vote pursuant
31to subdivision (a) of Section 2101.5 shall protect the security and
32confidentiality of the voter information. The county elections
33official may dispose of uncanceled affidavits of registration and
34documents that caused voters to be registered to vote pursuant to
35subdivision (a) of Section 2101.5 transferred pursuant to this
36section. The disposal of uncanceled affidavits and documents that
37caused voters to be registered to vote pursuant to subdivision (a)
38of Section 2101.5 shall be performed in a manner that does not
39compromise the security or confidentiality of the voter information
40contained therein. A medium used by the county elections official
P24   1shall meet the minimum standards, guidelines, or both, as
2recommended by the American National Standards Institute or the
3Association of Information and Image Management. For purposes
4of this section, a duplicate copy of an affidavit of registration shall
5be deemed an original.

6

begin deleteSEC. 29.end delete
7begin insertSEC. 31.end insert  

Section 2203 of the Elections Code is amended to
8read:

9

2203.  

(a) Cancellation is made by writing or stamping on the
10affidavit of registration or the document that caused the voter to
11be registered to vote pursuant to subdivision (a) of Section 2101.5
12the word “canceled,” the reason the registration was canceled, and
13the date of cancellation.

14(b) Whenever a voter transfers his or her registration from one
15precinct to another precinct in the same county, or reregisters in
16another precinct in the same county as shown by the new affidavit
17of registration, the county elections official shall immediately
18cancel the registration from the precinct in which the voter was
19first registered, and shall remove the registration from the file of
20uncanceled registrations.

21(c) Except as provided in Section 2119, whenever a voter
22removes from one county to another county and registers in the
23latter county, the county elections official of the county in which
24he or she was first registered, upon being informed of his or her
25removal either by the voter personally or by receipt of a notice of
26reregistration under Section 2118, shall likewise cancel his or her
27registration and remove the registration in that county.

28(d) The county elections official in distributing to each precinct
29the three indexes of registration, as required by Section 2189, shall
30cross out of those indexes the name of a voter whose registration
31from the precinct has been canceled.

32

begin deleteSEC. 30.end delete
33begin insertSEC. 32.end insert  

Section 2204 of the Elections Code is amended to
34read:

35

2204.  

Notwithstanding any other law, whenever a voter changes
36his or her residence within the same precinct, the voter’s
37registration shall not be canceled. Whenever notified by the voter,
38the elections official shall change the voter’s affidavit of
39registration or the document that caused the voter to be registered
P25   1to vote pursuant to subdivision (a) of Section 2101.5 to reflect the
2new residence address within the same precinct.

3

begin deleteSEC. 31.end delete
4begin insertSEC. 33.end insert  

Section 2205 of the Elections Code, as enacted by
5Section 2 of Chapter 920 of the Statutes of 1994, is amended to
6read:

7

2205.  

The local registrar of births and deaths shall notify the
8county elections official not later than the 15th day of each month
9of all deceased persons 18 years of age and over, whose deaths
10were registered with him or her or of whose deaths he or she was
11notified by the State Registrar of Vital Statistics during the
12preceding month. This notification shall include at least the name,
13sex, age, birthplace, birth date, place of residence, and date and
14place of death of each decedent.

15The county elections official shall cancel the voter registration
16of each deceased voter.

17

begin deleteSEC. 32.end delete
18begin insertSEC. 34.end insert  

Section 2205 of the Elections Code, as amended by
19Section 5 of Chapter 364 of the Statutes of 2009, is amended to
20read:

21

2205.  

The local registrar of births and deaths shall notify the
22county elections official not later than the 15th day of each month
23of all deceased persons 17 years of age and over, whose deaths
24were registered with him or her or of whose deaths he or she was
25notified by the State Registrar of Vital Statistics during the
26preceding month. This notification shall include at least the name,
27sex, age, birthplace, birth date, place of residence, and date and
28place of death of each decedent.

29The county elections official shall cancel the voter registration
30of the deceased voter.

31

begin deleteSEC. 33.end delete
32begin insertSEC. 35.end insert  

Section 2206 of the Elections Code is amended to
33read:

34

2206.  

The Secretary of State shall adopt regulations to facilitate
35the availability of death statistics from the State Department of
36Public Health. The data shall be used by county elections officials
37in canceling the voter registration of deceased persons.

38

begin deleteSEC. 34.end delete
39begin insertSEC. 36.end insert  

Section 2212 of the Elections Code is amended to
40read:

P26   1

2212.  

The clerk of the superior court of the county, on the basis
2of the records of the court, shall furnish to the chief elections
3official of the county, not less frequently than the first day of April
4and the first day of September of each year, a statement showing
5the names, addresses, and dates of birth of all persons who have
6been convicted of felonies since the clerk’s last report. The
7elections official shall, during the first week of April and the first
8week of September in each year, cancel the voter registration of
9those persons who are currently imprisoned or on parole for the
10conviction of a felony. The clerk shall certify the statement under
11the seal of the court.

12

begin deleteSEC. 35.end delete
13begin insertSEC. 37.end insert  

Section 2221 of the Elections Code is amended to
14read:

15

2221.  

(a) Based on the postal notice on the returned residency
16confirmation postcard received pursuant to Section 2220, the
17county elections official shall take the following actions:

18(1) The voter registration of a person whose residency
19confirmation postcard is returned by the post office as
20undeliverable and who has no forwarding address shall be placed
21in the inactive file pursuant to paragraph (2) of subdivision (a) of
22Section 2226. This person shall be mailed the confirmation notice
23described in subdivision (d) of Section 2225.

24(2) The voter registration of a person for whom a forwarding
25address within the county is received shall be corrected to reflect
26the new address provided by the post office.

27(3) The voter registration of a person for whom a forwarding
28address outside of the county is received shall be placed in the
29inactive file pursuant to paragraph (2) of subdivision (a) of Section
302226. This person shall be mailed the confirmation notice described
31in subdivision (c) of Section 2225.

32(b)  A blank affidavit of registration shall immediately be mailed
33to the address from which a voter registration was canceled or
34changed pursuant to this section.

35(c)  An address correction or cancellation of a voter registration
36made pursuant to this section shall be reflected on the voter index
37as required by Section 2191.

38

begin deleteSEC. 36.end delete
39begin insertSEC. 38.end insert  

Section 3006 of the Elections Code is amended to
40read:

P27   1

3006.  

(a) A printed application that is to be distributed to a
2voter for requesting a vote by mail voter’s ballot shall inform the
3voter that the application for the vote by mail voter’s ballot must
4be received by the elections official not later than seven days prior
5to the date of the election and shall contain spaces for the
6following:

7(1) The printed name and residence address of the voter as it
8appears on the affidavit of registration or the document that caused
9the voter to be registered to vote pursuant to subdivision (a) of
10Section 2101.5.

11(2) The address to which the ballot is to be mailed.

12(3) The voter’s signature.

13(4) The name and date of the election for which the request is
14to be made.

15(b) (1) The information required by paragraphs (1) and (4) of
16subdivision (a) may be preprinted on the application. The
17information required by paragraphs (2) and (3) of subdivision (a)
18shall be personally affixed by the voter.

19(2) An address, as required by paragraph (2) of subdivision (a),
20may not be the address of a political party, a political campaign
21headquarters, or a candidate’s residence. However, a candidate,
22his or her spouse, immediate family members, and any other voter
23who shares the same residence address as the candidate may request
24that a vote by mail ballot be mailed to the candidate’s residence
25address.

26(3) An application that contains preprinted information shall
27contain a conspicuously printed statement substantially similar to
28the following: “You have the legal right to mail or deliver this
29application directly to the local elections official of the county
30where you reside.”

31(c) The application shall inform the voter that if he or she has
32declined to disclose a preference for a political party, the voter
33may request a vote by mail ballot for a particular political party
34for the partisan primary election, if that political party has adopted
35a party rule, duly noticed to the Secretary of State, authorizing that
36vote. The application shall contain a toll-free telephone number,
37established by the Secretary of State, that the voter may call to
38access information regarding which political parties have adopted
39such a rule. The application shall contain a checkoff box with a
40 conspicuously printed statement that reads substantially similar to
P28   1the following: “I have declined to disclose a preference for a
2qualified political party. However, for this primary election only,
3I request a vote by mail ballot for the _________ Party.” The name
4of the political party shall be personally affixed by the voter.

5(d) The application shall provide the voter with information
6concerning the procedure for establishing permanent vote by mail
7voter status, and the basis upon which permanent vote by mail
8voter status is claimed.

9(e) The application shall be attested to by the voter as to the
10truth and correctness of its content, and shall be signed under
11penalty of perjury.

12

begin deleteSEC. 37.end delete
13begin insertSEC. 39.end insert  

Section 3007.5 of the Elections Code is amended to
14read:

15

3007.5.  

(a) The Secretary of State shall prepare and distribute
16to appropriate elections officials a uniform electronic application
17format for a vote by mail voter’s ballot that conforms to this
18section.

19(b) The uniform electronic application shall inform the voter
20that the application for the vote by mail voter’s ballot must be
21received by the elections official not later than seven days prior
22to the date of the election and shall contain spaces for at least the
23following information:

24(1) The name and residence address of the registered voter as
25it appears on the affidavit of registration or the document that
26caused the voter to be registered to vote pursuant to subdivision
27(a) of Section 2101.5.

28(2) The address to which the ballot is to be mailed.

29(3) The name and date of the election for which the request is
30made.

31(4) The date of birth of the registered voter.

32(c) The uniform electronic application shall inform the voter
33that if he or she has declined to disclose a preference for a political
34party, the voter may request a vote by mail ballot for a particular
35political party for the partisan primary election, if that political
36party has adopted a party rule, duly noticed to the Secretary of
37State, authorizing that vote. The application shall contain a toll-free
38telephone number, established by the Secretary of State, that the
39 voter may call to access information regarding which political
40parties have adopted such a rule. The application shall list the
P29   1parties that have notified the Secretary of State of the adoption of
2such a rule. The application shall contain a checkoff box with a
3conspicuously printed statement that reads substantially similar to
4the following: “I have declined to disclose a preference for a
5qualified political party. However, for this primary election only,
6I request a vote by mail ballot for the ____ Party.” The name of
7the political party shall be personally affixed by the voter.

8(d) The uniform electronic application shall contain a
9conspicuously printed statement substantially similar to the
10following: “Only the registered voter himself or herself may apply
11for a vote by mail ballot. An application for a vote by mail ballot
12made by a person other than the registered voter is a criminal
13offense.”

14(e) The uniform electronic application shall include a statement
15substantially similar to the following: “A ballot will not be sent to
16you if this application is incomplete or inaccurate.”

17(f) The uniform electronic application format shall not permit
18the form to be electronically submitted unless all of the information
19required to complete the application is contained in the appropriate
20fields.

21

begin deleteSEC. 38.end delete
22begin insertSEC. 40.end insert  

Section 3009 of the Elections Code is amended to
23read:

24

3009.  

(a) Upon receipt of a vote by mail ballot application
25signed by the voter that arrives within the proper time, the elections
26official should determine if the signature and residence address
27on the ballot application appear to be the same as that on the
28original affidavit of registration or the document that caused the
29voter to be registered to vote pursuant to subdivision (a) of Section
302101.5. The elections official may make this signature check upon
31receiving the voted ballot, but the signature must be compared
32before the vote by mail voter ballot is canvassed.

33(b) If the elections official deems the applicant entitled to a vote
34by mail voter’s ballot he or she shall deliver by mail or in person
35the appropriate ballot. The ballot may be delivered to the applicant,
36his or her spouse, child, parent, grandparent, grandchild, or sibling,
37or a person residing in the same household as the vote by mail
38voter, except that in no case shall the ballot be delivered to an
39individual under 16 years of age. The elections official shall deliver
40the vote by mail ballot to the applicant’s spouse, child, parent,
P30   1grandparent, grandchild, or sibling, or a person residing in the
2same household as the vote by mail voter only if that person signs
3a statement attested to under penalty of perjury that provides the
4name of the applicant and his or her relationship to the applicant,
5and affirms that he or she is 16 years of age or older, and is
6authorized by the applicant to deliver the vote by mail ballot.

7(c) (1) If the elections official determines that an application
8does not contain all of the information prescribed in Section 3001
9or 3006, or for any other reason is defective, and the elections
10official is able to ascertain the voter’s address, the elections official
11shall, within one working day of receiving the application, mail
12the voter a vote by mail voter’s ballot together with a notice. The
13notice shall inform the voter that the voter’s vote by mail voter’s
14ballot shall not be counted unless the applicant provides the
15elections official with the missing information or corrects the
16defects prior to, or at the time of, receipt of the voter’s executed
17vote by mail voter’s ballot. The notice shall specifically inform
18the voter of the information that is required or the reason for the
19defects in the application, and shall state the procedure necessary
20to remedy the defective application.

21(2) If the voter substantially complies with the requirements
22contained in the elections official’s notice, the voter’s ballot shall
23be counted.

24(3) In determining from the records of registration if the
25signature and residence address on the application appear to be
26the same as that on the original affidavit of registration or the
27document that caused the voter to be registered to vote pursuant
28to subdivision (a) of Section 2101.5, the elections official or
29registrar of voters may use the duplicate file of registered voters
30or the facsimiles of voter’s signatures, provided that the method
31of preparing and displaying the facsimiles complies with the law.

32

begin deleteSEC. 39.end delete
33begin insertSEC. 41.end insert  

Section 3011 of the Elections Code is amended to
34read:

35

3011.  

(a) The identification envelope shall contain all of the
36following:

37(1) A declaration, under penalty of perjury, stating that the voter
38resides within the precinct in which he or she is voting and is the
39person whose name appears on the envelope.

40(2) The signature of the voter.

P31   1(3) The residence address of the voter as shown on the affidavit
2of registration or the document that caused the voter to be
3registered to vote pursuant to subdivision (a) of Section 2101.5.

4(4) The date of signing.

5(5) A notice that the envelope contains an official ballot and is
6to be opened only by the canvassing board.

7(6) A warning plainly stamped or printed on it that voting twice
8constitutes a crime.

9(7) A warning plainly stamped or printed on it that the voter
10must sign the envelope in his or her own handwriting in order for
11the ballot to be counted.

12(8) A statement that the voter has neither applied, nor intends
13to apply, for a vote by mail voter’s ballot from any other
14jurisdiction for the same election.

15(9) The name of the person authorized by the voter to return the
16 vote by mail ballot pursuant to Section 3017.

17(10) The relationship to the voter of the person authorized to
18return the vote by mail ballot.

19(11) The signature of the person authorized to return the vote
20by mail ballot.

21(b) Except at a primary election for partisan office, and
22notwithstanding any other provision of law, the vote by mail voter’s
23party affiliation may not be stamped or printed on the identification
24envelope.

25

begin deleteSEC. 40.end delete
26begin insertSEC. 42.end insert  

Section 3013 of the Elections Code is amended to
27read:

28

3013.  

Upon delivering or mailing a vote by mail voter’s ballot,
29the elections official shall enter on the application of the vote by
30mail voter, or on the affidavit of registration or the document that
31caused the voter to be registered to vote pursuant to subdivision
32(a) of Section 2101.5, the type of ballot and the date of delivering
33or mailing. Before the election the elections official shall send to
34the inspector of each precinct in his or her county or city a list of
35the voters in that precinct applying for and receiving ballots under
36this chapter.

37

begin deleteSEC. 41.end delete
38begin insertSEC. 43.end insert  

Section 3019 of the Elections Code is amended to
39read:

P32   1

3019.  

(a) Upon receipt of a vote by mail ballot, the elections
2official shall compare the signature on the identification envelope
3with either of the following to determine whether the signatures
4compare:

5(1) The signature appearing on the voter’s affidavit of
6registration or any previous affidavit of registration of the voter
7or the document that caused the voter to be registered to vote
8pursuant to subdivision (a) of Section 2101.5.

9(2) The signature appearing on a form issued by an elections
10official that contains the voter’s signature, that is part of the voter’s
11registration record, and that the elections official has determined
12compares with the signature on the voter’s affidavit of registration
13or any previous affidavit of registration of the voter or the
14document that caused the voter to be registered to vote pursuant
15to subdivision (a) of Section 2101.5. The elections official may
16make this determination by reviewing a series of signatures
17appearing on official forms in the voter’s registration record that
18have been determined to compare, that demonstrates the
19progression of the voter’s signature, and makes evident that the
20signature on the identification envelope is that of the voter.

21(b) In comparing signatures pursuant to subdivision (a), the
22elections official may use the duplicate file of affidavits of
23registered voters, the document that caused the voter to be
24registered to vote pursuant to subdivision (a) of Section 2101.5,
25or facsimiles of voters’ signatures, provided that the method of
26preparing and displaying the facsimiles complies with the law.

27(c) (1) If upon conducting the comparison of signatures pursuant
28to subdivision (a) the elections official determines that the
29signatures compare, he or she shall deposit the ballot, still in the
30identification envelope, in a ballot container in his or her office.

31(2) If upon conducting the comparison of signatures pursuant
32to subdivision (a) the elections official determines that the
33signatures do not compare, the identification envelope shall not
34be opened and the ballot shall not be counted. The cause of the
35rejection shall be written on the face of the identification envelope.

36(d) The variation of a signature caused by the substitution of
37initials for the first or middle name, or both, shall not be grounds
38for the elections official to determine that the signatures do not
39compare.

P33   1(e) A ballot shall not be removed from its identification envelope
2until the time for processing ballots. A ballot shall not be rejected
3for cause after the identification envelope has been opened.

4

begin deleteSEC. 42.end delete
5begin insertSEC. 44.end insert  

Section 3021 of the Elections Code is amended to
6read:

7

3021.  

(a) After the close of the period for requesting a vote
8by mail voter ballot by mail a voter unable to go to the polls
9because of illness or disability resulting in his or her confinement
10in a hospital, sanatorium, nursing home, or place of residence; or
11a voter unable because of a physical handicap to go to his or her
12polling place or because of that handicap is unable to vote at his
13or her polling place due to an existing architectural barrier at his
14or her polling place denying him or her physical access to the
15polling place, voting booth, or voting apparatus or machinery; or
16a voter unable to go to his or her polling place because of a
17condition resulting in his or her absence from the precinct on
18election day may request in a written statement, signed under
19penalty of perjury, that a ballot be delivered to him or her. This
20written statement shall not be required if the vote by mail ballot
21is voted in the office of the elections official as defined by
22subdivision (b) of Section 3018, at the time of the request. This
23ballot shall be delivered by the elections official to an authorized
24representative of the voter who presents this written statement to
25the elections official.

26(b) Before delivering the ballot the elections official may
27compare the signature on the request with the signature on the
28voter’s affidavit of registration or the document that caused the
29voter to be registered to vote pursuant to subdivision (a) of Section
302101.5, but in any event, the signature shall be compared before
31the vote by mail ballot is canvassed.

32(c) The voter shall mark the ballot, place it in the identification
33envelope, fill out and sign the envelope, and return the ballot,
34personally or through the authorized representative, to either the
35elections official or a polling place within the jurisdiction.

36(d) These ballots shall be processed and counted in the same
37manner as other vote by mail ballots.

38

begin deleteSEC. 43.end delete
39begin insertSEC. 45.end insert  

Section 3501 of the Elections Code is amended to
40read:

P34   1

3501.  

A new citizen registering to vote after the close of
2registration shall provide the county elections official with proof
3of citizenship prior to voting, and shall declare that he or she has
4established residency in California. Upon receipt of proof of
5citizenship and California residency, the county elections official
6shall instate the affiant as a registered voter and include his or her
7affidavit of registration in the permanent file of voter registrations.

8begin insert

begin insertSEC. 46.end insert  

end insert

begin insertSection 8002.5 of the end insertbegin insertElections Codeend insertbegin insert is amended to
9read:end insert

10

8002.5.  

(a) A candidate for a voter-nominated office shall
11indicate one of the following upon his or her declaration of
12candidacy, which shall be consistent with what appears on the
13candidate’s most recent affidavit of registrationbegin insert or document that
14caused the candidate to be registered to vote pursuant to
15subdivision (a) of Section 2101.5end insert
:

16(1) “Party Preference: ______ (insert the name of the qualified
17political party as disclosed upon your affidavit of registrationbegin insert or
18on the document that caused you to be registered to vote pursuant
19to subdivision (a) of Section 2101.5end insert
).”

20(2) “Party Preference: None (if you have declined to disclose a
21preference for a qualified political party upon your affidavit of
22registrationbegin insert or on the document that caused you to be registered
23to vote pursuant to subdivision (a) of Section 2101.5end insert
).”

24(b) The selection made by a candidate pursuant to subdivision
25(a) shall appear on the primary and general election ballot in
26conjunction with his or her name, and shall not be changed between
27the primary and general election.

28(c) Regardless of the party preference, or lack of party
29preference, of the candidate or the voter, any qualified voter may
30vote for any candidate for a voter-nominated office if the voter is
31otherwise entitled to vote for candidates for the office to be filled.
32Nothing in Section 2151, 3006, 3007.5, 3205, or 13102 shall be
33construed to limit the ability of a voter to cast a primary election
34ballot for any candidate for a voter-nominated office, regardless
35of the party preference, or lack of party preference, designated by
36the candidate for inclusion upon the ballot pursuant to this section,
37provided that the voter is otherwise qualified to cast a ballot for
38the office at issue.

39(d) A candidate designating a party preference pursuant to
40subdivision (a) shall not be deemed to be the official nominee of
P35   1the party designated as preferred by the candidate. A candidate’s
2designation of party preference shall not be construed as an
3endorsement of that candidate by the party designated. The party
4preference designated by the candidate is shown for the information
5of the voters only and may in no way limit the options available
6to voters.

7(e) All references to party preference or affiliation shall be
8omitted from all forms required to be filed by a voter-nominated
9candidate pursuant to this division in the same manner that such
10references are omitted from forms required to be filed by
11nonpartisan candidates pursuant to Section 8002, except that the
12declaration of candidacy required by Section 8040 shall include
13space for the candidate to list the party preference disclosed upon
14the candidate’s most recent affidavit of registrationbegin insert or document
15that caused the candidate to be registered to vote pursuant to
16subdivision (a) of Section 2101.5end insert
, in accordance with subdivision
17(a).

18begin insert

begin insertSEC. 47.end insert  

end insert

begin insertSection 8081 of the end insertbegin insertElections Codeend insertbegin insert is amended to
19read:end insert

20

8081.  

Before any nomination document is filed in the office
21of the county elections official or forwarded for filing in the office
22of the Secretary of State, the county elections official shall verify
23the signatures and the political preferences, if required, of the
24signers on the nomination paper with the registration affidavits on
25file in the office of the county elections official. The county
26elections official shall mark “not sufficient” any signature that
27does not appear in the same handwriting as appears on the affidavit
28of registrationbegin insert or the document that caused the voter to be
29registered to vote pursuant to subdivision (a) of Section 2101.5end insert
in
30his or her office, or that is accompanied by a declaration of party
31preference that is not in accordance with the declaration of party
32preference in the affidavit of registrationbegin insert or the document that
33caused the voter to be registered to vote pursuant to subdivision
34(a) of Section 2101.5end insert
. The county elections official may cease to
35verify signatures once the minimum requisite number of signatures
36has been verified.

37

begin deleteSEC. 44.end delete
38begin insertSEC. 48.end insert  

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

P36   1

9094.  

(a) The Secretary of State shall mail a ballot pamphlet
2to a voter, in those instances in which the county elections official
3uses data processing equipment to store the information set forth
4in the affidavits of registration and the documents that caused
5voters to be registered to vote pursuant to subdivision (a) of Section
62101.5, before the election at which a measure contained in the
7ballot pamphlet is to be voted on unless a voter has registered
8fewer than 29 days before the election. The mailing shall
9commence not less than 40 days before the election and shall be
10completed no later than 21 days before the election for those voters
11who registered on or before the 60th day before the election. The
12 Secretary of State shall mail one copy of the ballot pamphlet to a
13registered voter at the postal address stated on the voter’s affidavit
14of registration or the document that caused the voter to be
15registered to vote pursuant to subdivision (a) of Section 2101.5,
16or the Secretary of State may mail only one ballot pamphlet to two
17or more registered voters having the same surname and the same
18postal address.

19(b) In those instances in which the county elections official does
20not utilize data processing equipment to store the information set
21forth in the affidavits of registration and the documents that caused
22voters to be registered to vote pursuant to subdivision (a) of Section
232101.5, the Secretary of State shall furnish ballot pamphlets to the
24county elections official not less than 45 days before the election
25at which a measure contained in the ballot pamphlet is to be voted
26on and the county elections official shall mail a ballot pamphlet
27to a voter, on the same dates and in the same manner provided by
28subdivision (a).

29(c) The Secretary of State shall provide for the mailing of a
30ballot pamphlet to a voter registering after the 60th day before the
31election and before the 28th day before the election, by either: (1)
32mailing in the manner as provided in subdivision (a), or (2)
33requiring the county elections official to mail a ballot pamphlet to
34a voter registering in the county after the 60th day before the
35election and before the 28th day before the election pursuant to
36this section. The second mailing of ballot pamphlets shall be
37completed no later than 10 days before the election. The county
38elections official shall mail a ballot pamphlet to a person requesting
39a ballot pamphlet. Three copies, to be supplied by the Secretary
P37   1of State, shall be kept at every polling place, while an election is
2in progress, so that they may be freely consulted by the voters.

3begin insert

begin insertSEC. 49.end insert  

end insert

begin insertSection 12108 of the end insertbegin insertElections Codeend insertbegin insert is amended to
4read:end insert

5

12108.  

In a case in which this chapter requires the posting or
6distribution of a list of the names of precinct board members, or
7a portion of the list, the officers charged with the duty of posting
8shall ascertain the name of the political party, if any, for which
9each precinct board member has expressed a preference, as shown
10in the affidavit of registration of that personbegin insert or document that
11caused that person to be registered to vote pursuant to subdivision
12(a) of Section 2101.5end insert
. When the list is posted or distributed, there
13shall be printed the name of the board member’s party preference
14or an abbreviation of the name to the right of the name, or
15immediately below the name, of each precinct board member. If
16a precinct board member has not expressed a preference for a
17political party, the word “None” shall be printed in place of the
18party name.

19

begin deleteSEC. 45.end delete
20begin insertSEC. 50.end insert  

Section 14310 of the Elections Code, as amended by
21Section 1 of Chapter 611 of the Statutes of 2009, is amended to
22read:

23

14310.  

(a) At all elections, a voter claiming to be properly
24registered but whose qualification or entitlement to vote cannot
25be immediately established upon examination of the index of
26registration for the precinct or upon examination of the records on
27file with the county elections official, shall be entitled to vote a
28provisional ballot as follows:

29(1) An elections official shall advise the voter of the voter’s
30right to cast a provisional ballot.

31(2) The voter shall be provided a provisional ballot, written
32instructions regarding the process and procedures for casting the
33provisional ballot, and a written affirmation regarding the voter’s
34registration and eligibility to vote. The written instructions shall
35 include the information set forth in subdivisions (c) and (d).

36(3) The voter shall be required to execute, in the presence of an
37elections official, the written affirmation stating that the voter is
38eligible to vote and registered in the county where the voter desires
39to vote.

P38   1(b) Once voted, the voter’s ballot shall be sealed in a provisional
2ballot envelope, and the ballot in its envelope shall be deposited
3in the ballot box. All provisional ballots voted shall remain sealed
4in their envelopes for return to the elections official in accordance
5with the elections official’s instructions. The provisional ballot
6envelopes specified in this subdivision shall be a color different
7than the color of, but printed substantially similar to, the envelopes
8used for vote by mail ballots, and shall be completed in the same
9manner as vote by mail envelopes.

10(c) (1) During the official canvass, the elections official shall
11examine the records with respect to all provisional ballots cast.
12Using the procedures that apply to the comparison of signatures
13on vote by mail ballots, the elections official shall compare the
14signature on each provisional ballot envelope with the signature
15on the voter’s affidavit of registration or the document that caused
16the voter to be registered to vote pursuant to subdivision (a) of
17Section 2101.5. If the signatures do not compare or the provisional
18ballot envelope is not signed, the ballot shall be rejected. A
19variation of the signature caused by the substitution of initials for
20the first or middle name, or both, shall not invalidate the ballot.

21(2) Provisional ballots shall not be included in any semiofficial
22or official canvass, except upon: (A) the elections official’s
23establishing prior to the completion of the official canvass, from
24the records in his or her office, the claimant’s right to vote; or (B)
25the order of a superior court in the county of the voter’s residence.
26A voter may seek the court order specified in this paragraph
27regarding his or her own ballot at any time prior to completion of
28the official canvass. Any judicial action or appeal shall have
29priority over all other civil matters. No fee shall be charged to the
30claimant by the clerk of the court for services rendered in an action
31under this section.

32(3) The provisional ballot of a voter who is otherwise entitled
33to vote shall not be rejected because the voter did not cast his or
34her ballot in the precinct to which he or she was assigned by the
35elections official.

36(A) If the ballot cast by the voter contains the same candidates
37and measures on which the voter would have been entitled to vote
38in his or her assigned precinct, the elections official shall count
39the votes for the entire ballot.

P39   1(B) If the ballot cast by the voter contains candidates or
2measures on which the voter would not have been entitled to vote
3in his or her assigned precinct, the elections official shall count
4only the votes for the candidates and measures on which the voter
5was entitled to vote in his or her assigned precinct.

6(d) The Secretary of State shall establish a free access system
7that any voter who casts a provisional ballot may access to discover
8whether the voter’s provisional ballot was counted and, if not, the
9reason why it was not counted.

10(e) The Secretary of State may adopt appropriate regulations
11for purposes of ensuring the uniform application of this section.

12(f) This section shall apply to any vote by mail voter described
13by Section 3015 who is unable to surrender his or her unvoted vote
14by mail voter’s ballot.

15(g) Any existing supply of envelopes marked “special challenged
16ballot” may be used until the supply is exhausted.

17

begin deleteSEC. 46.end delete
18begin insertSEC. 51.end insert  

Section 14310 of the Elections Code, as amended by
19Section 3 of Chapter 497 of the Statutes of 2012, is amended to
20read:

21

14310.  

(a) At all elections, a voter claiming to be properly
22registered, but whose qualification or entitlement to vote cannot
23be immediately established upon examination of the index of
24registration for the precinct or upon examination of the records on
25file with the county elections official, shall be entitled to vote a
26provisional ballot as follows:

27(1) An elections official shall advise the voter of the voter’s
28right to cast a provisional ballot.

29(2) The voter shall be provided a provisional ballot, written
30instructions regarding the process and procedures for casting the
31ballot, and a written affirmation regarding the voter’s registration
32and eligibility to vote. The written instructions shall include the
33information set forth in subdivisions (c) and (d).

34(3) The voter shall be required to execute, in the presence of an
35elections official, the written affirmation stating that the voter is
36eligible to vote and registered in the county where the voter desires
37to vote.

38(b) Once voted, the voter’s ballot shall be sealed in a provisional
39ballot envelope, and the ballot in its envelope shall be deposited
40in the ballot box. All provisional ballots voted shall remain sealed
P40   1in their envelopes for return to the elections official in accordance
2with the elections official’s instructions. The provisional ballot
3envelopes specified in this subdivision shall be of a color different
4than the color of, but printed substantially similar to, the envelopes
5used for vote by mail ballots, and shall be completed in the same
6manner as vote by mail envelopes.

7(c) (1) During the official canvass, the elections official shall
8examine the records with respect to all provisional ballots cast.
9Using the procedures that apply to the comparison of signatures
10on vote by mail ballots, the elections official shall compare the
11signature on each provisional ballot envelope with the signature
12on the voter’s affidavit of registration or the document that caused
13the voter to be registered to vote pursuant to subdivision (a) of
14Section 2101.5. If the signatures do not compare or the provisional
15ballot envelope is not signed, the ballot shall be rejected. A
16variation of the signature caused by the substitution of initials for
17the first or middle name, or both, shall not invalidate the ballot.

18(2) (A) Provisional ballots shall not be included in any
19semiofficial or official canvass, except under one or more of the
20following conditions:

21(i) The elections official establishes prior to the completion of
22the official canvass, from the records in his or her office, the
23claimant’s right to vote.

24(ii) The provisional ballot has been cast and included in the
25canvass pursuant to Article 4.5 (commencing with Section 2170)
26of Chapter 2 of Division 2.

27(iii) Upon the order of a superior court in the county of the
28voter’s residence.

29(B)  A voter may seek the court order specified in this paragraph
30regarding his or her own ballot at any time prior to completion of
31the official canvass. Any judicial action or appeal shall have
32priority over all other civil matters. No fee shall be charged to the
33claimant by the clerk of the court for services rendered in an action
34under this section.

35(3) The provisional ballot of a voter who is otherwise entitled
36to vote shall not be rejected because the voter did not cast his or
37her ballot in the precinct to which he or she was assigned by the
38elections official.

39(A) If the ballot cast by the voter contains the same candidates
40and measures on which the voter would have been entitled to vote
P41   1in his or her assigned precinct, the elections official shall count
2the votes for the entire ballot.

3(B) If the ballot cast by the voter contains candidates or
4measures on which the voter would not have been entitled to vote
5in his or her assigned precinct, the elections official shall count
6only the votes for the candidates and measures on which the voter
7was entitled to vote in his or her assigned precinct.

8(d) The Secretary of State shall establish a free access system
9that any voter who casts a provisional ballot may access to discover
10whether the voter’s provisional ballot was counted and, if not, the
11reason why it was not counted.

12(e) The Secretary of State may adopt appropriate regulations
13for purposes of ensuring the uniform application of this section.

14(f) This section shall apply to any vote by mail voter described
15by Section 3015 who is unable to surrender his or her unvoted vote
16by mail voter’s ballot.

17(g) Any existing supply of envelopes marked “special challenged
18ballot” may be used until the supply is exhausted.

19

begin deleteSEC. 47.end delete
20begin insertSEC. 52.end insert  

Section 16442 of the Elections Code is amended to
21read:

22

16442.  

After the affidavit is filed with the clerk of the superior
23court, a copy of the affidavit shall be personally served upon the
24defendant or sent to him or her by registered mail in a sealed
25envelope with postage prepaid, addressed to the defendant at the
26place of residence named in his or her affidavit of registration or
27the document that caused the voter to be registered to vote pursuant
28to subdivision (a) of Section 2101.5. The contestant shall make an
29affidavit of mailing if he or she serves the affidavit by mail, and
30shall file it on the same day with the county elections official.

31

begin deleteSEC. 48.end delete
32begin insertSEC. 53.end insert  

Section 16462 of the Elections Code is amended to
33read:

34

16462.  

No service other than as provided in this section need
35be made upon the defendant. The affidavit shall be filed in the
36office of the clerk of the superior court within five days after the
37completion of the official canvass. Upon the filing of the affidavit,
38the county elections official shall forthwith post, in a conspicuous
39place in his or her office, a copy of the affidavit. Upon the filing
40of the affidavit and its posting, the superior court of the county
P42   1shall have jurisdiction of the subject matter and of the parties to
2the contest. The contestant on the date of filing the affidavit shall
3send by registered mail a copy thereof to the defendant in a sealed
4envelope, with postage prepaid, addressed to the defendant at the
5place of residence named in the affidavit of registration of the
6defendant or the document that caused the defendant to be
7registered to vote pursuant to subdivision (a) of Section 2101.5,
8and shall make and file an affidavit of mailing with the county
9elections official, which shall become a part of the records of the
10contest.

11

begin deleteSEC. 49.end delete
12begin insertSEC. 54.end insert  

Section 17000 of the Elections Code is amended to
13read:

14

17000.  

(a) The elections official shall preserve all canceled
15original affidavits of registration and the canceled documents that
16caused voters to be registered to vote pursuant to subdivision (a)
17of Section 2101.5 for a period of five years, after which they may
18be destroyed by that officer.

19(b) In lieu of preserving the canceled original affidavit of
20registration or the document that caused the voter to be registered
21to vote pursuant to subdivision (a) of Section 2101.5, the elections
22official may, by filming or other suitable method, record the
23canceled affidavit or the document that caused the voter to be
24registered to vote pursuant to subdivision (a) of Section 2101.5
25and destroy the affidavit or the document that caused the voter to
26be registered to vote pursuant to subdivision (a) of Section 2101.5
27following the first general election after the date of cancellation.

28

begin deleteSEC. 50.end delete
29begin insertSEC. 55.end insert  

Section 17001 of the Elections Code is amended to
30read:

31

17001.  

The elections official shall keep a copy of the index to
32the affidavits of registration and the documents that caused voters
33to be registered to vote pursuant to subdivision (a) of Section
342101.5 described in Section 2180 on file as a public record for
35election and political research, and governmental purposes, for a
36period of five years.

37

begin deleteSEC. 51.end delete
38begin insertSEC. 56.end insert  

Section 6254.4 of the Government Code is amended
39to read:

P43   1

6254.4.  

(a) The home address, telephone number, email
2address, precinct number, or other number specified by the
3Secretary of State for voter registration purposes, and prior
4registration information shown on the voter registration card or
5the document that caused the voter to be registered to vote pursuant
6to subdivision (a) of Section 2101.5 of the Elections Code for a
7registered voter, is confidential and shall not be disclosed to a
8person, except pursuant to Section 2194 of the Elections Code.

9(b) For purposes of this section, “home address” means street
10address only, and does not include an individual’s city or post
11office address.

12(c) The California driver’s license number, the California
13identification card number, the social security number, and any
14other unique identifier used by the State of California for purposes
15of voter identification shown on a voter registration card of a
16registered voter or the document that caused the voter to be
17registered to vote pursuant to subdivision (a) of Section 2101.5 of
18the Elections Code, or added to the voter registration records to
19comply with the requirements of the Help America Vote Act of
202002 (42 U.S.C. Sec. 15301 et seq.), are confidential and shall not
21be disclosed to any person.

22(d) The signature of the voter that is shown on the voter
23registration card or the document that caused the voter to be
24registered to vote pursuant to subdivision (a) of Section 2101.5 of
25the Elections Code is confidential and shall not be disclosed to
26any person.

27

begin deleteSEC. 52.end delete
28begin insertSEC. 57.end insert  

Section 23365 of the Government Code is amended
29to read:

30

23365.  

The elections official of the principal county shall
31furnish to the officers of each precinct the supplies and equipment
32as provided for in Sections 14105 and 14110 of the Elections Code.
33The elections official of each other affected county from which
34territory is proposed to be taken for the proposed county shall
35provide to the officers of each precinct the indexes of registration
36for the precincts of the proposed county within their respective
37county. In addition, the elections official may, with the approval
38of the board of supervisors, furnish the original books of affidavits
39of registration and the documents that caused voters to be registered
P44   1to vote pursuant to subdivision (a) of Section 2101.5 of the
2Elections Code or other material necessary to verify signatures.

3

begin deleteSEC. 53.end delete
4begin insertSEC. 58.end insert  

Section 23374.13 of the Government Code is amended
5to read:

6

23374.13.  

The elections official of the principal county shall
7furnish to the officers of each precinct in the approved county the
8supplies and equipment as provided for in Sections 14105 and
914110 of the Elections Code. The elections official of each other
10affected county shall provide to the officers of each precinct the
11indexes of registration for the precincts of the approved county
12within their respective county. In addition, the elections official
13may, with the approval of the board of supervisors, furnish the
14original books of affidavits of registration and the documents that
15caused voters to be registered to vote pursuant to subdivision (a)
16of Section 2101.5 of the Elections Code or other material necessary
17to verify signatures.

18

begin deleteSEC. 54.end delete
19begin insertSEC. 59.end insert  

Section 57051 of the Government Code is amended
20to read:

21

57051.  

(a) At any time prior to the conclusion of the protest
22hearing in the notice given by the executive officer, but not
23thereafter, an owner of land or a registered voter within inhabited
24territory that is the subject of a proposed change of organization
25or reorganization, or an owner of land within uninhabited territory
26that is the subject of a proposed change of organization or
27reorganization, may file a written protest against the change of
28organization or reorganization. A written protest shall state whether
29it is made by a landowner or registered voter and shall include the
30same information that is required in a petition for a change of
31organization or reorganization, as specified in Section 56704, or
32 the document that caused the voter to be registered to vote pursuant
33to subdivision (a) of Section 2101.5 of the Elections Code. Protests
34may be made on behalf of an owner of land by an agent authorized
35in writing by the owner to act as agent with respect to that land.
36Protests may be made on behalf of a private corporation which is
37an owner of land by any officer or employee of the corporation
38without written authorization by the corporation to act as agent in
39making that protest.

P45   1(b) A written protest shall show the date that each signature was
2affixed to the protest. A signature without a date or bearing a date
3prior to the date of publication of the notice shall be disregarded
4for purposes of ascertaining the value of a written protest.

5

begin deleteSEC. 55.end delete
6begin insertSEC. 60.end insert  

Section 12500.5 is added to the Vehicle Code, to
7read:

8

12500.5.  

(a) In addition to any other requirements set forth in
9this division, the application for a new or renewed California
10driver’s license, instruction permit, junior permit, or identification
11card shall:

12(1) Request the information to establish whether the applicant
13satisfies the requirements to be registered to vote pursuant to
14Section 2101 of the Elections Code.

15(2) Contain a method by which the applicant shall indicate
16whether he or she is registered to vote.

17(3) Contain a statement that, if the applicant satisfies the
18requirements to vote pursuant to Section 2101 of the Elections
19Code, and provides written consent by signing the statement, he
20or she shall be registered to vote.

21(4) Contain a method by which the applicant may decline to be
22registered to vote.

begin insert

23(5) Contain a method by which the applicant may indicate a
24party preference.

end insert
begin delete

25(5)

end delete

26begin insert(6)end insert Request any other information required by state or federal
27law for a person to be registered to vote.

28(b) The Department of Motor Vehicles shall transmit to the
29county elections official for the county in which the applicant
30resides an electronic copy of the completed application for a new
31or renewed California driver’s license, instruction permit, junior
32permit, or identification card of the applicant, with any information
33that is not required to register to vote redacted, if all of the
34following are satisfied:

35(1) The applicant has completed the application in its entirety.

begin delete

36(2) The applicant has supplied sufficient information on the
37application to indicate that he or she satisfies the requirements to
38be registered to vote.

end delete
begin delete

39(3)

end delete

P46   1begin insert(2)end insert The applicant has not indicated on the application that he
2or she is already registered to vote.

begin delete

3(4)

end delete

4begin insert(3)end insert The applicant has provided written consent to be registered
5to vote by signing the statement, as provided in paragraph (3) of
6subdivision (a).

7(c) Except where a duty imposed by law requires otherwise, in
8implementing this section, the Department of Motor Vehicles shall
9comply with applicable federal and state law relating to privacy
10and confidentiality of the information collected, shall collect only
11the information necessary to implement this section, and shall not
12share the information collected pursuant to this section with another
13agency or person except for a purpose directly related to voter
14registration.

15(d) The Department of Motor Vehicles shall confer with the
16Secretary of State and shall develop applications for a new or
17renewed California driver’s license, instruction permit, junior
18permit, and identification card that are in compliance with this
19section not later than July 1, 2015.

20(e) The Department of Motor Vehicles and the Secretary of
21State shall develop a process and the infrastructure to allow the
22electronic copy of the applicant’s completed application for a new
23or renewed California driver’s license, instruction permit, junior
24permit, or identification card of the applicant, with any information
25that is not required to register to vote redacted, to be transmitted
26to the county elections officials.

27

begin deleteSEC. 56.end delete
28begin insertSEC. 61.end insert  

Section 12950.5 of the Vehicle Code is amended to
29read:

30

12950.5.  

(a) The department shall require a digitized signature
31on each California driver’s license and on each application for a
32new or renewed California driver’s license, instruction permit,
33junior permit, or identification card. A digitized signature is an
34electronic representation of a handwritten signature.

35(b) The department shall provide to the Secretary of State the
36digitized signature of a person who registers to vote on the voter
37registration card provided by the department or who completes an
38application for a new or renewed California driver’s license,
39instruction permit, junior permit, or identification card and does
P47   1not decline to be registered to vote or has not indicated that he or
2she is already registered to vote.

3(c) The department shall provide the Secretary of State with
4change-of-address information for a voter who indicates that he
5or she desires to have his or her address changed for voter
6registration purposes.

7

begin deleteSEC. 57.end delete
8begin insertSEC. 62.end insert  

Section 60211 of the Water Code is amended to read:

9

60211.  

A person shall not vote at a district election held under
10the provisions of this act who is not a voter within the meaning of
11the Elections Code, residing in the division of the district in which
12he or she casts his or her vote. For the purpose of registering voters
13who shall be entitled to vote at district elections, the county
14elections official is authorized, in a county in which there is a
15district, to indicate upon the affidavit of registration or the
16document that caused the voter to be registered to vote pursuant
17to subdivision (a) of Section 2101.5 of the Elections Code whether
18the voter is a voter of a district.

19

begin deleteSEC. 58.end delete
20begin insertSEC. 63.end insert  

If the Commission on State Mandates determines
21that this act contains costs mandated by the state, reimbursement
22to local agencies and school districts for those costs shall be made
23pursuant to Part 7 (commencing with Section 17500) of Division
244 of Title 2 of the Government Code.



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