Today's Law As Amended


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AB-106 Elections: voter registration.(2009-2010)



As Amends the Law Today


SECTION 1.

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

2101.5.
 (a) A person may register to vote by properly completing and submitting to the Department of Motor Vehicles an application for a new or renewed California driver’s license, instruction permit, junior permit, or identification card or by properly completing and submitting to the Franchise Tax Board a Personal Income Tax filing form pursuant to Part 10.2 (commencing with Section 18401) of Division 2 of the Revenue and Taxation Code. A person who properly completes and submits to the Department of Motor Vehicles an application for a new or renewed California driver’s license, instruction permit, junior permit, or identification card or who properly completes and submits to the Franchise Tax Board a Personal Income Tax filing form who will not be 18 years of age at the time of the next election but supplies sufficient information on the application or form to establish that he or she otherwise satisfies the requirements to be registered to vote and indicates on the application or form that he or she wishes to be registered to vote shall 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.
(b) Upon receipt of the duplicate of the document from the Department of Motor Vehicles transmitted pursuant to Section 12500.5 of the Vehicle Code, or from the Franchise Tax Board transmitted pursuant to Section 19584.5 of the Revenue and Taxation Code, the county elections official shall examine the document and determine if the person named on the document has supplied the information required to establish that he or she is qualified to vote. If the duplicate document indicates that the person satisfies the requirements to be registered to vote, it shall constitute the voter’s affidavit of registration. If the person named on the duplicate document will not be 18 years of age at the time of the next election but supplies sufficient information on the application or form to establish that he or she otherwise satisfies the requirements to be registered to vote, the person shall 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.
(c) Except as provided in Sections 2137, 2139, 2157, 2159, 2159.5, 2160, 2161, 18108, 18108.1, and 18108.5, all references to “affidavit of registration” also apply to the duplicate document received from the Department of Motor Vehicles or the Franchise Tax Board that caused a voter to be registered.

SEC. 2.

 Section 2102 of the Elections Code is amended to read:

2102.
 (a) Except as provided in Chapter 4.5, a person shall A person may  not be registered as a voter except by affidavit of registration. The affidavit of registration  shall be mailed or delivered to the county elections official and shall set forth all of the facts required to be shown by this chapter. A properly executed affidavit of registration shall be deemed effective upon receipt of the affidavit of registration  by the county elections official if received on or before the 15th day before  prior to  an election to be held in the registrant’s precinct. A properly executed affidavit of registration shall also be deemed effective upon receipt of the affidavit of registration  by the county elections official if any of the following apply:
(1) The affidavit of registration  is postmarked on or before the 15th day before  prior to  the election and received by mail by the county elections official.
(2) The affidavit of registration  is submitted to the Department of Motor Vehicles or accepted by any other public agency designated as a voter registration agency pursuant to the federal  National Voter Registration Act of 1993 (52 (42  U.S.C. Sec. 20501 et seq.)  1973gg)  on or before the 15th day before  prior to  the election.
(3) The affidavit of registration is submitted to the Department of Motor Vehicles pursuant to Section 12500.5 of the Vehicle Code or to the Franchise Tax Board pursuant to Section 19584.5 of the Revenue and Taxation Code on or before the 15th day prior to the election.
(3) (4)  The affidavit of registration  is delivered to the county elections official by means other than those described in paragraphs (1) and (2)  paragraph (1), (2), or (3)  on or before the 15th day before  prior to  the election.
(4) The affidavit is submitted electronically on the Internet Web site of the Secretary of State pursuant to Section 2196 on or before the 15th day before the election.
(b) For purposes of verifying a signature  signatures  on a recall, initiative, or referendum petition or a signature  signatures  on a nomination paper or any other election petition or election paper, a properly executed affidavit of registration shall be deemed effective for verification purposes if both of the following conditions are satisfied: (1) the affidavit of registration is signed on the same date or a date prior to the signing of the petition or paper, and (2) the affidavit of registration is received by the county elections official on or before the date on which the petition or paper is filed. 
(1) The affidavit is signed on the same date or a date before the signing of the petition or paper.
(2) The affidavit is received by the county elections official on or before the date on which the petition or paper is filed.
(c) Notwithstanding any other provision of  law to the contrary, the affidavit of registration required under this chapter shall may  not be taken under sworn oath, but the content of the affidavit shall be certified as to its truthfulness and correctness, under penalty of perjury, by the signature of the affiant.
(d) A person who is at least 16 years of age and otherwise meets all eligibility requirements to vote may submit his or her affidavit of registration as prescribed by this section. A properly executed affidavit of registration made pursuant to this subdivision shall be deemed effective as of the date the affiant will be 18 years of age, if the information in the affidavit of registration is still current at that time. If the information provided by the affiant in the affidavit of registration is not current at the time that the affidavit of registration would otherwise become effective, for his or her registration to become effective, the affiant shall provide the current information to the proper county elections official as prescribed by this chapter.
(e) An individual with a disability who is otherwise qualified to vote may complete an affidavit of registration with reasonable accommodations as needed.
(f) An individual with a disability who is under a conservatorship may be registered to vote if he or she has not been disqualified from voting.

SEC. 3.

 Section 2142 of the Elections Code is amended to read:

2142.
 (a) If the county elections official refuses to register a qualified elector in the county, the elector may proceed by action in the superior court to compel his or her registration. In an action under this section, as many persons may join as plaintiffs as have causes of action.
(b) If the county elections official has not registered a qualified elector who claims to have registered to vote through the Department of Motor Vehicles or any other  Vehicles, the Franchise Tax Board, or a  public agency designated as a voter registration agency pursuant to the federal  National Voter Registration Act of 1993 (52 (42  U.S.C. Sec. 20501 et seq.),  1973gg),  the elector may proceed by action in the superior court to compel his or her registration. In an action under this section, as many persons may join as plaintiffs as have causes of action.
(c) No A  fee shall not  be charged by the clerk of the court for services rendered in an action under this section.

SEC. 4.

 Section 2150 of the Elections Code is amended to read:

2150.
 (a) The affidavit of registration shall show:
(1) The facts necessary to establish the affiant as an elector.
(2) The affiant’s name at length, including the person’s  his or her  given name, and a middle name or initial, or if the initial of the given name is customarily used, then the initial and middle name. The affiant’s given name may be preceded, at the affiant’s option, by the designation of “Miss,” “Ms.,” “Mrs.,” or “Mr.” Miss, Ms., Mrs., or Mr.  A person shall not be denied the right to register because of that person’s  his or her  failure to mark a prefix to the given name and shall be so advised on the voter registration card. This subdivision shall not be construed as requiring the printing of prefixes on an affidavit of registration.
(3) The affiant’s place of residence, residence telephone number, if furnished, and email e-mail  address, if furnished. A No  person shall not  be denied the right to register because of the person’s  his or her  failure to furnish a telephone number or email e-mail  address, and shall be so advised on the voter registration card.
(4) The affiant’s mailing address, if different from the place of residence.
(5) The affiant’s date of birth to establish that the affiant  when he or she  will be at least  18 years of age on or before the date of the next election. In the case of an affidavit of registration submitted pursuant to subdivision (d) of Section 2102, the affiant’s date of birth to establish that the affiant is at least 16 years of  age.
(6) The state or country of the affiant’s birth.
(7) (A) In the case of an affiant applicant  who has been issued a current and valid driver’s license, the affiant’s applicant’s  driver’s license number.
(B) In the case of any other affiant, applicant,  other than an affiant applicant  to whom subparagraph (C) applies, the last four digits of the affiant’s applicant’s  social security number.
(C) If a  an applicant for  voter registration affiant  has not been issued a current and valid driver’s license or a social security number, the state shall assign the affiant applicant  a number that will serve to identify the affiant applicant  for voter registration purposes. If the  To the extent that the  state has a computerized list in effect under this paragraph subdivision  and the list assigns unique identifying numbers to registrants, the number assigned under this subparagraph shall be the unique identifying number assigned under the list.
(8) The affiant’s political party preference. affiliation. 
(9) That the affiant is currently not imprisoned or on parole  for the conviction of a felony.
(10) A prior registration portion indicating whether the affiant has been registered at another address, under another name, or as preferring  intending to affiliate with  another party. If the affiant has been so registered, the affiant  he or she  shall give an additional statement giving that address, name, or party.
(b) The affiant shall certify the content of the affidavit of registration  as to its truthfulness truth  and correctness, under penalty of perjury, with the signature of the affiant’s  his or her  name and the date of signing. If the affiant is unable to write, the affiant  write he or she  shall sign with a mark or cross. An affiant who is an individual with a disability may complete the affidavit with reasonable accommodations as needed. 
(c) The affidavit of registration shall also contain a space that would enable the affiant to state the affiant’s  his or her  ethnicity or race, or both. An affiant shall may  not be denied the ability to register because the affiant  he or she  declines to state the affiant’s  his or her  ethnicity or race.
(d) If a person  any person, including a deputy registrar,  assists the affiant in completing the affidavit of registration,  affidavit,  that person shall sign and date the affidavit below the signature of the affiant.
(e) The affidavit of registration shall also contain a space to permit the affiant to apply for permanent vote by mail status.
(e) (f)  The Secretary of State may continue to supply existing affidavits of registration to county elections officials before  prior to  printing new or revised forms that reflect the changes made to this section by Chapter 508 of the Statutes of 2007. the act that added this subdivision. 

SEC. 5.

 Section 2162 of the Elections Code is amended to read:

2162.
 (a) No affidavits An affidavit  of registration other than those one  provided by the Secretary of State to the county elections officials, provisional ballot envelopes that comply with Section 2160, or  a county elections official,  the national voter registration forms form  authorized pursuant to the federal  National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.) shall  (42 U.S.C. Sec. 1973gg), the first page of the application for a new or renewed California driver’s license, instruction permit, junior permit, or identification card provided pursuant to Section 12500.5 of the Vehicle Code, or the first page of the Personal Income Tax filing form provided pursuant to Section 19584.5 of the Revenue and Taxation Code, shall not  be used for the registration of voters. a voter. 
(b) A voter registration card shall not be altered, defaced, or changed in any way, other than by the insertion of a mailing address and the affixing of postage, if mailed, or as otherwise specifically authorized by the Secretary of State, before  prior to  distribution of the cards. card. 
(c) The affidavit portion of a voter registration card shall not be marked, stamped, or partially or fully completed by a any  person other than an elector attempting to register to vote or by a person assisting the elector in completing the affidavit at the request of the elector.

SEC. 6.

 Section 2194 of the Elections Code is amended to read:

2194.
 (a) Except as provided in Section 2194.1, the affidavit of  The  voter registration information identified in Section 7924.000 subdivision (a) of Section 6254.4  of the Government Code:
(1) Shall be confidential and shall not appear on any a  computer terminal, list, affidavit, duplicate affidavit, or other medium routinely available to the public at the county elections official’s office.
(2) Shall not be used for any a  personal, private, or commercial purpose, including, but not limited to:
(A) The harassment of any a  voter or voter’s household.
(B) The advertising, solicitation, sale, or marketing of products or services to any a  voter or voter’s household.
(C) Reproduction in print, broadcast visual or audio, or display on the internet Internet  or any a  computer terminal unless pursuant to paragraph (3).
(3) Shall be provided with respect to any a  voter, subject to the provisions of Sections 2166,  2166.5, 2166.7, 2166.8,  and 2188, to any candidate for federal, state, or local office, to any a  committee for or against any an  initiative or referendum measure for which legal publication is made, and to any a  person for election, scholarly, journalistic, or political purposes, or for governmental purposes, as determined by the Secretary of State.
(4) May be used by the Secretary of State for the purpose of educating voters pursuant to Section 12173 of the Government Code.
(b) (1) Notwithstanding any other provision of  law, the California driver’s license number, the California identification card number, the social security number, and any other unique identifier used by the State of California for purposes of voter identification shown on the affidavit of voter  registration of a registered voter, or added to voter registration records to comply with the requirements of the federal  Help America Vote Act of 2002 (52 (42  U.S.C. Sec. 20901 15301  et seq.), are confidential and shall not be disclosed to any person.
(2) Notwithstanding any other provision of  law, the signature of the voter shown on the affidavit of voter registration or an image thereof  registration  is confidential and shall not be disclosed to any person, except as provided in subdivision (c).
(c) (1) The home address or signature of any a  voter shall be released whenever the person’s vote is challenged pursuant to Sections 15105 to 15108, inclusive, or Article 3 (commencing with Section 14240) of Chapter 3 of Division 14. The address or signature shall be released only to the challenger, to elections officials, and to other persons as necessary to make, defend against, or adjudicate the challenge.
(2) An elections official shall permit a person to view the signature of a voter for the purpose of determining whether the signature compares with  matches  a signature on an affidavit of registration or an image thereof or  a petition, but shall not permit a signature to be copied.
(d) A governmental entity, or officer or employee thereof, shall not be held civilly liable as a result of disclosure of the information referred to in this section, unless by a showing of gross negligence or willfulness.
(e) For the purposes of this section, “voter’s household” is defined as the voter’s place of residence or mailing address or any persons who reside at the place of residence or use the mailing address as supplied on the affidavit of registration pursuant to paragraphs (3) and (4) of subdivision (a) of Section 2150.
(f) Notwithstanding any other law, information regarding voters who did not sign a vote by mail ballot identification envelope or whose signature on the vote by mail ballot identification envelope did not compare with the voter’s signature on file shall be treated as confidential voter registration information pursuant to this section and Section 7924.000 of the Government Code. This information shall be provided with respect to any voter, subject to the provisions of Sections 2166, 2166.5, 2166.7, 2166.8, and 2188, to any candidate for federal, state, or local office, to any committee for or against any initiative or referendum measure for which legal publication is made, and to any person for election, scholarly, journalistic, or political purposes, or for governmental purposes, as determined by the Secretary of State, but otherwise shall not be disclosed to any person. Any disclosure of this information shall be accompanied by a notice to the recipient regarding Sections 18109 and 18540. Voter information provided pursuant to this subdivision shall be updated daily, include the name of the voter, and be provided in a searchable electronic format.

SEC. 7.

 Section 6254.4 of the Government Code is amended to read:

6254.4.
 (a) The home address, telephone number, e-mail address, precinct number, or other number specified by the Secretary of State for voter registration purposes, and prior registration information shown on the affidavit of registration for a registered voter, are confidential and shall not be disclosed to any person, except pursuant to Section 2194 of the Elections Code.
(b) For purposes of this section, “home address” means street address only, and does not include an individual’s city or post office address.
(c) The California driver’s license number, the California identification card number, the social security number, and any other unique identifier used by the State of California for purposes of voter identification shown on the affidavit of registration of a registered voter, or added to the voter registration records to comply with the requirements of the Help America Vote Act of 2002 (42 U.S.C. Sec. 15301 et seq.), are confidential and shall not be disclosed to any person.
(d) The signature of the voter that is shown on the affidavit of registration is confidential and shall not be disclosed to any person.

SEC. 8.

 Section 19584.5 is added to the Revenue and Taxation Code, to read:

19584.5.
 (a) The first page of the Personal Income Tax filing form prepared by the Franchise Tax Board shall only request the taxpayer to provide the following information:
(1) The taxpayer’s full name.
(2) The taxpayer’s place of residence.
(3) Whether the taxpayer wishes to register to vote.
(4) If the taxpayer wishes to register to vote, the information requested in an affidavit of registration pursuant to subdivisions (a), (b), (c), and (e) Section 2150 of the Elections Code.
(5) Any other information required by state or federal law for a person to be registered to vote.
(b) The first page of the Personal Income Tax filing shall inform the taxpayer who wishes to register to vote that an elector may decline to state a political affiliation, but that a person is not entitled to vote the ballot of a political party at a primary election unless he or she has stated the name of the party with which he or she intends to affiliate, or unless he or she has declined to state a party affiliation and the political party, by party rule duly noticed to the Secretary of State, authorizes a person who has declined to state a party affiliation the right to vote the ballot of that political party. The first page of the Personal Income Tax filing form shall also list all political parties qualified pursuant to Division 5 (commencing with Section 5000) of the Elections Code.
(c) The Franchise Tax Board shall transmit to the county elections official for the county in which the taxpayer resides a duplicate of the first page of the completed Personal Income Tax filing form of the taxpayer if all of the following are satisfied:
(1) The taxpayer has indicated on the first page of the form that he or she wishes to be registered to vote.
(2) The taxpayer has completed the form in its entirety.
(3) The taxpayer has supplied sufficient information on the form to indicate that he or she satisfies the requirements to be registered to vote.
(d) Except where a duty imposed by law requires otherwise, in implementing this section, the Franchise Tax Board shall comply with applicable federal and state law relating to privacy and confidentiality of the information collected, shall collect only the information necessary to implement this section, and shall not share the information collected pursuant to this section with another agency or person except for a purpose directly related to voter registration.
(e) The Franchise Tax Board shall confer with the Secretary of State and shall develop a Personal Income Tax filing form in compliance with this section not later than July 1, 2010.
(f) The Franchise Tax Board may continue to supply Personal Income Tax filing forms in existence on or before July 1, 2010.

SEC. 9.

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

12500.5.
 (a) The first page of the application for a new or renewed California driver’s license, instruction permit, junior permit, or identification card shall only request the applicant to provide the following information:
(1) The applicant’s name.
(2) The applicant’s place of residence.
(3) Whether the applicant wishes to register to vote.
(4) If the applicant wishes to register to vote, the additional information requested in an affidavit of registration pursuant to subdivisions (a), (b), (c), and (e) Section 2150 of the Elections Code.
(5) Any other information required by state or federal law for a person to be registered to vote.
(b) The first page of the application shall inform the applicant who wishes to register to vote that an elector may decline to state a political affiliation, but that a person is not entitled to vote the ballot of a political party at a primary election unless he or she has stated the name of the party with which he or she intends to affiliate, or unless he or she has declined to state a party affiliation and the political party, by party rule duly noticed to the Secretary of State, authorizes a person who has declined to state a party affiliation the right to vote the ballot of that political party. The first page of the application shall also list all political parties qualified pursuant to Division 5 (commencing with Section 5000) of the Elections Code.
(c) The department shall transmit to the county elections official for the county in which the applicant resides a duplicate of the first page of the completed application of the applicant if all of the following are satisfied:
(1) The applicant has indicated on the first page of the application that he or she wishes to be registered to vote.
(2) The applicant has completed the application in its entirety.
(2) The applicant has supplied sufficient information on the application to indicate that he or she satisfies the requirements to be registered to vote.
(d) Except where a duty imposed by law requires otherwise, in implementing this section, the department shall comply with applicable federal and state law relating to privacy and confidentiality of the information collected, shall collect only the information necessary to implement this section, and shall not share the information collected pursuant to this section with another agency or person except for a purpose directly related to voter registration.
(e) The department shall confer with the Secretary of State and shall develop an application for a new or renewed California driver’s license, instruction permit, or identification card in compliance with this section not later than July 1, 2010.
(f) The department may continue to supply applications for a new or renewed California driver’s license, instruction permit, junior permit, or identification card in existence on or before July 1, 2010.

SEC. 10.

 Section 12950.5 of the Vehicle Code is amended to read:

12950.5.
 (a) The department shall require a  digitized signatures signature  on each driver’s license. A digitized signature is an electronic representation of a handwritten signature.
(b) The department shall provide to the Secretary of State the digitized signature of every a  person who registers to vote on the voter registration card provided by the department. department or whose application for a new or renewed California driver’s license, instruction permit, junior permit, or identification card is transmitted to the county elections official for the county in which the applicant resides pursuant to subdivision (b) of Section 12500.5. 
(c) The department shall provide the Secretary of State with change-of-address information for every a  voter who indicates that he or she desires to have his or her address changed for voter registration purposes.
SEC. 11.
 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.