Today's Law As Amended


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AB-867 Voters: residency confirmation.(2011-2012)



As Amends the Law Today


SECTION 1.

 Section 2223 of the Elections Code is amended to read:

2223.
 (a) In lieu of mailing a residency confirmation postcard to each registered voter in the county, the county elections official may include the return address of the county elections official’s office on the outside portion of the county voter information guide or county voter information guide  sample ballot or sample ballot  envelope mailed to the voter for an election conducted within the last six months preceding the start of the confirmation process, along with the statements “Address Correction Requested” and “Notice: If the person named on the county voter information guide  sample ballot  is not at the address, please help keep the voter rolls current and save taxpayer dollars by returning this county voter information guide  sample ballot  to your mail carrier.”
(b) A voter not eligible for an election during the last six months preceding the start of the confirmation process, or a voter not mailed a county voter information guide  sample ballot  with an address correction requested, shall have his or her address confirmed by either a residency confirmation postcard or an address verification mailing conducted pursuant to this article using NCOA/Operation Mail data pursuant to Section 2222 or consumer credit reporting agency data pursuant to Section 2227.

SEC. 2.

 Section 2224 of the Elections Code is amended to read:

2224.
 (a) If a voter has not voted in an election within the preceding four years, and the voter’s  his or her  residence address, name, or party preference affiliation  has not been updated during that time, the county elections official may send an alternate residency confirmation postcard. The use of this postcard may be sent subsequent to NCOA or county voter information guide  sample ballot  returns, but shall not be used in the residency confirmation process conducted under Section 2220. The postcard shall be forwardable, including a postage-paid and preaddressed return form to enable the voter to verify or correct the address information, and shall be in substantially the following form:
“If the person named on the postcard is not at this address, PLEASE help keep the voter rolls current and save taxpayer dollars by returning this postcard to your mail carrier.”
“IMPORTANT NOTICE”
“According to our records you have not voted in any election during the past four years, which may indicate that you no longer reside in ____ County. If you continue to reside in California  this county  you must confirm your residency address in order to remain on the active voter list and receive election materials in the mail.”
“If confirmation has not been received within 15 days, you may be required to provide proof of your residence address in order to vote at future elections.” elections. If you no longer live in ____ County, you must reregister at your new residence address in order to vote in the next election. California residents may obtain a mail registration form by calling the county elections office of the Secretary of State’s Office.” 
(b) The use of a toll-free number to confirm the old residence address is optional. A Any  change to a voter’s address shall be received in writing.
(c) A county using the alternate residency confirmation procedure shall notify all voters of the procedure in the county voter information guide  sample ballot pamphlet  or in a separate mailing.
(d) This section shall become inoperative on January 1, 2020, and, as of January 1, 2029, is repealed.

SEC. 3.

 Section 2225 of the Elections Code is amended to read:

2225.
 (a) (1)  Based on change-of-address data received from the United States Postal Service or its licensees,  licensees pursuant to Section 2222,  the county elections official shall send a forwardable notice, including a postage-paid and preaddressed return form, to enable the voter to verify or correct address information.
(2) Notification  If notification    received through NCOA or Operation Mail or a returned mailing indicates  that a voter has moved and has given no forwarding address or indicates that a voter has moved out of the state, the county elections official shall send  shall not require the mailing of  a forwardable notice in substantially the same format as the notice set forth in paragraph (2) of subsection (d) of Section 20507 of Title 52 of the United States Code. to that voter. 
(b) If postal service change-of-address data indicates that the voter has moved to a new residence address in the same county, the forwardable notice shall be in substantially the following form:

“We have received notification that the voter has moved to a new residence address in ____ County. You will be registered to vote at your new address unless you notify our office within 15 days that the address to which this card was mailed is not a change of your permanent residence. You must notify our office by either returning the attached postage-paid postcard, or by calling toll free. If this is not a permanent residence, and if you do not notify us within 15 days, you may be required to provide proof of your residence address in order to vote at future elections.”

(b) (c)  If postal service change-of-address data indicates that the voter has moved to a new residence  address in California,  another county,  the forwardable notice shall be in substantially the following form:

“We have received notification that you have moved to a new residence address in California. Your voter registration record has been updated to this new address. If this is correct, you do not have to take any action. If this is incorrect, you can notify our office by either returning  address not in ____ County. Please use  the attached postage-paid postcard, or by calling toll free; you must notify us at least 15 days prior to the next election or postcard to: (1) advise us if this is or is not a permanent change of residence address, or (2) to advise us if our information is incorrect. If you do not return this card within 15 days and continue to reside in ____ County,  you may be required to vote using a provisional ballot.” provide proof of your residence address in order to vote at future elections and, if you do not offer to vote at any election in the period between the date of this notice and the second federal general election following this notice, your voter registration will be cancelled and you will have to reregister in order to vote. If you no longer live in ____ County, you must reregister at your new residence address in order to vote in the next election. California residents may obtain a mail registration form by calling the county elections officer or 1-800-345-VOTE.” 

(c) (d)  If postal service change-of-address data received from a nonforwardable mailing indicates that a voter has moved and left no forwarding address or indicates that a voter has moved out of the state, a  address, a  forwardable notice shall be sent in substantially the same format as the notice set forth in paragraph (2) of subsection (d) of Section 20507 of Title 52 of the United States Code. following form: 

“We are attempting to verify postal notification that the voter to whom this card is addressed has moved and left no forwarding address. If the person receiving this card is the addressed voter, please confirm your continued residence or provide current residence information on the attached postage-paid postcard within 15 days. If you do not return this card and continue to reside in ____ County, you may be required to provide proof of your residence address in order to vote at future elections and, if you do not offer to vote at any election in the period between the date of this notice and the second federal general election following this notice, your voter registration will be cancelled and you will have to reregister in order to vote. If you no longer live in ____ County, you must reregister at your new residence address in order to vote in the next election. California residents may obtain a mail registration form by calling the county elections office or the Secretary of State’s Office.”

(d) (e)  The use of a toll-free number to confirm the old residence address is optional. Any change to the voter address must be received in writing.
(e) Upon the mailing of the forwardable address confirmation notice described in subdivision (b) to a voter, the county elections official shall not update the status of the voter’s registration to inactive.
(f) Upon the mailing of the forwardable address confirmation notice described in subdivision (c) to a voter, the county elections official shall update the status of the voter’s registration to inactive.

SEC. 4.

 Section 2226 of the Elections Code is amended to read:

2226.
 (a) Based on change-of-address information received pursuant to Sections 2220 to 2225, inclusive, or change-of-address information provided directly by the voter, the county elections official shall take the following actions as appropriate:
(1) If the information indicates the voter has moved to a new residence  address in California, the  within the same county, the  county elections official shall immediately  update and correct  the voter’s registration record. registration. 
(2) If the information indicates the voter has moved to a new address in another county, if the  mailings have been returned as undeliverable, or if NCOA, Operation Mail, a returned mailing, or postal service change-of-address data received from a nonforwardable mailing indicates that the voter has moved and left no forwarding address, or if any of these sources indicate that a voter has moved out of the state, the  the voter fails to confirm his or her address as required by Section 2224, the  county elections official shall update the status of the voter’s registration to inactive. Voters with an inactive voter registration status  may place the voter’s name on the inactive file of registered voters who  do not receive election materials and are not included in calculations to determine the number of signatures required for qualification of candidates and measures, precinct size, or other election administration-related  administration related  processes.
(3) If a voter’s registration status is inactive based on the voter’s failure to confirm the voter’s address pursuant to Section 2224, the county elections official shall send a forwardable address verification mailing, as set forth in subdivision (c) of Section 2225. However,  the voter verifies in writing that he or she has moved to a residence address in another county,  the county elections official shall not send this mailing to a voter who has confirmed the voter’s voter registration record on the internet website of the Secretary of State within a year from the date of the mailing. The voter registration record of a voter who fails to respond to the address verification mailing, and who does not offer to vote or vote at any election between the date of the mailing described in Section 2225 and two federal general elections after the date of that mailing, shall be canceled. cancel the voter registration in the county from which the voter has moved. 
(b) The voter registration record  of a any  voter whose status is inactive  name has been placed on the inactive file of registered voters  for failure to respond to an address verification mailing required by subdivision (c) (a)  of Section 2225, and who does not offer to vote or vote at any election between the date of the mailing and two federal general elections after the date of that mailing, shall may  be canceled.
(c) A Any  voter who has a registration status of inactive, who  whose name has been placed on the inactive file of registered voters and  offers to vote at any election between the date of the verification mailing required by subdivision (c) of Section 2225  notice,  and two federal general elections after the date of that mailing, notice, or  who notifies the elections official of a continued residency, or who has confirmed the voter’s voter registration record on the internet website of the Secretary of State, shall have the voter’s voter registration status updated to active. shall be removed from the inactive file and placed on the active voter file. 
(d) All address updates, corrections,  cancellations, and active and  inactive transactions made to the  voter registration records file  pursuant to this section shall be reflected on the voter list index  as required by Section 2191.

SEC. 5.

 Section 2227 is added to the Elections Code, to read:

2227.
 (a) In lieu of mailing a residency confirmation postcard, as prescribed in subdivision (a) of Section 2220, the county elections official may contract with a consumer credit reporting agency or its licensees to obtain use of change-of-address data in accordance with this section.
(b) If the county elections official contracts with a consumer credit reporting agency or its licensees pursuant to subdivision (a), all of the following shall occur:
(1) For each registered voter in the county, the county elections official shall initiate a search for change-of-address data with the consumer credit reporting agency or its licensees by providing the name and residence address of each registered voter in the county to the consumer credit reporting agency or its licensees.
(2) The consumer credit reporting agency or its licensees shall search their databases for each name and address provided by the county elections official and shall report to the county elections official any information indicating that the registered voter changed his or her residence address.
(c) (1) Notwithstanding Section 2194 of this code or Section 6254.4 of the Government Code, and except as provided in paragraph (2), a county elections official may disclose a registered voter’s name and residence address to a consumer credit reporting agency or its licensees pursuant to, and in accordance with, this section.
(2) A county elections official shall not disclose to a consumer credit reporting agency or its licensees the name and residence address of a registered voter if that information is deemed confidential pursuant to Section 2166, 2166.5, or 2166.7 of this code, or Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code.
(d) A consumer credit reporting agency or its licensees shall use the information provided by a county elections official only pursuant to paragraph (2) of subdivision (b), and shall not retain any information received from the county elections official pursuant to this section.
(e) Based on change-of-address data received from a consumer credit reporting agency or its licensees, the county elections official shall send a forwardable notice, including a postage-paid and preaddressed return form, which may be in the form of a postcard, to the registered voter to enable the voter to verify or correct address information. The forwardable notice shall be in substantially the following form:

“We have received notification that you have moved to a new residence address in ____ County. You will remain registered to vote at your old address unless you notify our office that the address to which this card was mailed is a change of your permanent residence. Please notify our office in writing by returning the attached postage-paid postcard. If this is not a permanent residence, and you do not wish to change your address for voting purposes, please disregard this notice.”

(f) The county elections official shall take all of the following actions as appropriate:
(1) If a voter responds to the forwardable notice sent pursuant to subdivision (e) or otherwise verifies in a signed writing that he or she has moved to a new residence address within the same county, the county elections official shall verify the signature on the response by comparing it to the signature on file for the voter and, if appropriate, correct the voter’s registration with the new residence address.
(2) If a voter responds to the forwardable notice sent pursuant to subdivision (e) or otherwise verifies in a signed writing that he or she has moved to a new residence address in another county, the county elections official shall verify the signature on the response by comparing it to the signature on file for the voter and, if appropriate, cancel the voter’s registration in the county from which the voter has moved.
(3) If a voter does not respond to the forwardable notice sent pursuant to subdivision (e) and does not otherwise verify in a signed writing that he or she has moved to a new residence address, the elections official shall not place the voter’s name on the inactive file of registered voters or cancel the voter registration.
(g) For purposes of this section, “consumer credit reporting agency” has the same meaning as set forth in subdivision (d) of Section 1785.3 of the Civil Code.