Amended in Senate March 28, 2014

Senate Bill No. 1063

Introduced by Senator Block

February 18, 2014

An act to begin delete amend end delete begin insert add end insert Section begin delete 2105.5 of end delete begin insert 2105.7 to end insert the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

SB 1063, as amended, Block. begin delete Voting rights guide: incarcerated persons. end delete begin insert Voter registration: juvenile detention facilities. end insert

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Under existing law, a person is entitled to register to vote if he or she is a United States citizen, a resident of California, not in prison or on parole for the conviction of a felony, and will be at least 18 years of age at the time of the next election.

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This bill would require state and local juvenile detention facilities to identify individuals housed in those facilities who are of age to register to vote, to assist those individuals in determining their eligibility for registration, to provide voter registration cards to eligible voters, and to transmit the completed voter registration cards to the county elections official.

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By requiring local officials to perform additional duties, this bill would impose a state-mandated local program.

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

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

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Existing law requires each county probation department to either establish and maintain on the county probation department’s Internet Web site a hyperlink to the Secretary of State’s voting rights guide for incarcerated persons or post a notice with the Internet Web site address that contains the Secretary of State’s voting rights guide for incarcerated persons in each probation office where probationers are seen.

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This bill would make a nonsubstantive change to this provision of law.

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

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

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begin insert SECTION 1. end insert   

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begin insert Section 2105.7 is added to the end insert begin insert Elections Code end insert begin insert ,
to read: end insert

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begin insert 2105.7. end insert   

(a) A state or local juvenile detention facility,
including, but not limited to, a juvenile hall, juvenile ranch, juvenile
camp, or a facility of the Department of Corrections and
Rehabilitation, Division of Juvenile Justice, shall do all of the
following:

(1) Identify each individual housed in the facility who is of age
to register to vote.

(2) Assist each individual identified pursuant to paragraph (1)
in determining if he or she is entitled to register to vote, within the
meaning of Section 2101.

(3) Provide a voter registration card to each individual housed
in the facility who is entitled to register to vote but is not currently
registered to vote.

(4) Accept any completed voter registration cards and transmit
the cards to the county elections official pursuant to the
requirements of subdivision (b).

(b) A facility providing voter registration cards pursuant to
subdivision (a) shall transmit a completed card to the county
elections official as follows:

(1) Except as provided in paragraph (2), within 10 days of
receipt from an individual housed in the facility.

(2) Within five days of receipt from an individual housed in the
facility, if the voter registration card was received within five days
before the last day for registration to vote in an election.

(c) A state or local juvenile detention facility is encouraged to
work with the Secretary of State to achieve compliance with the
requirements set forth in the federal National Voter Registration
Act of 1993 (42 U.S.C. Sec. 1973gg et seq.) when providing voter
registration services pursuant to subdivision (a).

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begin insert

begin insert SEC. 2. end insert   

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

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SECTION 1.  

Section 2105.5 of the Elections Code is amended
to read:

2105.5.  

Each county probation department shall do either of
the following:

(a) Establish and maintain on the county probation department’s
Internet Web site a hyperlink to the Internet Web site at which the
Secretary of State’s voting rights guide for incarcerated persons
may be found.

(b) Post, in each probation office where probationers are seen,
a notice that contains the Internet Web site address at which the
Secretary of State’s voting rights guide for incarcerated persons
may be found.

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