Today's Law As Amended


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SB-1233 Confidential address programs.(2009-2010)



As Amends the Law Today


SECTION 1.

 Section 2166.5 of the Elections Code is amended to read:

2166.5.
 (a) Any person filing with the county elections official a new affidavit of registration or reregistration may have the information relating to his or her residence address, telephone number, and email e-mail  address appearing on the affidavit, or any list or roster or index prepared therefrom, declared confidential upon presentation of certification that the person is a participant in the Address Confidentiality for Victims of Domestic Violence, Sexual Assault, and Stalking program pursuant to Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code or a participant in the Address Confidentiality for Reproductive Health Care Service Providers, Employees, Volunteers, and Patients program pursuant to Chapter 3.2 (commencing with Section 6215) of that division.
(b) Any person granted confidential voter status  confidentiality  under subdivision (a) shall:
(1) Provide a valid mailing address and be  Be  considered a vote by mail voter for all subsequent elections and all subsequent reregistrations inside or outside the county  or  until the county elections official is notified otherwise by the Secretary of State or in writing by the voter. A voter requesting termination of vote by mail status thereby consents to placement of his or her residence address, telephone number, and email e-mail  address in the roster of voters.
(2) In addition to the required residence address, provide a valid mailing address to be used in place of the residence address for election, scholarly, or political research, and government purposes.  The elections official, in producing any list, roster, or index shall exclude voters with a confidential voter status. may, at his or her choice, use the valid mailing address or the word “confidential” or some similar designation in place of the residence address. 
(c) No action in negligence may be maintained against any government entity or officer or employee thereof as a result of the disclosure of the information that is the subject of this section unless by a showing of gross negligence or willfulness.
(d) Subdivisions (a) and (b) shall not apply to any person granted confidentiality upon receipt by the county elections official of a written notice by the address confidentiality program manager of the withdrawal, invalidation, expiration, or termination of the program participant’s certification.

SEC. 2.

 Section 6206.5 of the Government Code is amended to read:

6206.5.
 Upon (a)   termination of  The Secretary of State may cancel  a program participant’s certification, the  certification if there is a change in the residential address from the one listed on the application, unless the program participant provides the  Secretary of State shall retain records as follows: with at least seven days’ prior notice of the change of address. 
(a) (b)  Except as provided in subdivision (g) of Section 6206.7 or Section 6208, any records or documents pertaining to a program participant shall be held confidential for a period of three years after withdrawal or termination of certification. The Secretary of State may cancel a program participant’s certification if the program participant changes his or her name from the one listed in the application and fails to notify the Secretary of State of the name change within seven days of the change. 
(c) The Secretary of State may cancel certification of a program participant if mail forwarded by the secretary to the program participant’s address is returned as nondeliverable.
(d) The Secretary of State shall cancel certification of a program participant who applies using false information.
(b) (e)  All Any  records or documents pertaining to a program participant shall be retained and held confidential  for a period of three years after termination of certification and then destroyed, except for change of name records, which shall be retained permanently and only be accessible pursuant to Section 6208 and Section 1798.34 of the Civil Code. permanently. 

SEC. 3.

 Section 6211 of the Government Code is repealed.

SEC. 4.

 Section 6217 of the Government Code is repealed.

SEC. 5.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.