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SB-19 Political Reform Act of 1974: automated campaign telephone calls.(2011-2012)

SECTION 1.

 Section 2150 of the Elections Code, as amended by Section 8 of Chapter 1 of the Statutes of 2009, 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 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 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 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 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 he or she 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.
(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 another party. If the affiant has been so registered, 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 his or her name and the date of signing. If the affiant is unable to write, 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 his or her ethnicity or race, or both. An affiant shall may  not be denied the ability to register because he or she declines to state 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.
(f) The affidavit of registration shall also contain a space providing the option described in subdivision (e) of Section 84311 of the Government Code.
(f) (g)  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. 2.

 Section 2150 of the Elections Code, as amended by Chapter 364 of the Statutes of 2009, 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 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 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 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 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 he or she is at least 16 17  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.
(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 another party. If the affiant has been so registered, 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 his or her name and the date of signing. If the affiant is unable to write, 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 his or her ethnicity or race, or both. An affiant shall may  not be denied the ability to register because he or she declines to state his or her ethnicity or race.
(d) If a person  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.
(f) The affidavit of registration shall also contain a space providing the option described in subdivision (e) of Section 84311 of the Government Code.
(f) (g)  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. 3.

 Section 84311 is added to the Government Code, to read:

84311.
 (a) This section shall be known and may be cited as the “California Political Robocall Do Not Call List Act.”
(b) (1) For purposes of this section, “automated campaign telephone call” means an automated telephone call made to a live person or voicemail or other answering machine device using an automatic dialing-announcing device, as defined in Section 2871 of the Public Utilities Code, that advocates support of, or opposition to, a candidate.
(2) For purposes of this section, “list” means the California Political Robocall Do Not Call List.
(c) (1) A person shall not make an automated campaign telephone call, including an automated campaign telephone call made under the conditions described in Sections 2873 and 2874 of the Public Utilities Code, to any person who has elected to have his or her name and telephone number placed on the California Political Robocall Do Not Call List described in subdivision (d).
(2) This section applies to all automated campaign telephone calls made to California residents, regardless of whether the source of the telephone call is in state or out of state.
(3) This section does not prohibit telephone calls made directly by a live person, including a candidate, campaign volunteer, or campaign employee.
(4) A person who receives an automated campaign telephone call in violation of this section may notify the commission of the violation.
(5) Nothing in this section shall be construed to permit an automated campaign telephone call that is otherwise prohibited by law.
(d) (1) The Secretary of State shall establish, manage, and maintain the California Political Robocall Do Not Call List, which shall contain the names and telephone numbers of registered voters who have elected to be on the list.
(2) If a registered voter who has elected to be on the list would like his or her name and telephone number removed from the list, he or she must submit a letter in writing or through the Secretary of State’s Internet Web site indicating his or her desire to be removed from the list. The Secretary of State shall remove the individual’s name from the list within a reasonable time from when he or she receives the request.
(3) If an individual reregisters to vote for any reason, including changing party affiliation or residence, he or she may indicate on the voter registration card his or her desire to maintain his or her name and telephone number on the list. If the individual reregisters to vote and does not indicate on the voter registration card his or her desire to maintain his or her name and telephone number on the list, the Secretary of State shall remove that individual’s name from the list.
(4) An individual electing to have his or her name and telephone number placed on the list or removed from the list shall not be charged a fee.
(e) (1) The Secretary of State shall place in the following locations a space providing an option for a registered voter to elect to place his or her name and telephone number on the list:
(A) Voter registration cards.
(B) Online voter registration Internet Web sites.
(2) (A) The Secretary of State shall have available, on the date this section becomes operative, voter registration cards that include the option described in paragraph (1).
(B) The Secretary of State may continue to distribute any voter registration cards printed before this section became operative that do not contain the option described in paragraph (1) until those voter registration cards have all been distributed.
(f) (1) The Secretary of State shall, upon payment of a fee, make a copy of the list, and any parts thereof, available to any persons listed in paragraph (3) of subdivision (a) of Section 2194 of the Elections Code who are seeking to make automated campaign telephone calls.
(2) The Secretary of State shall determine the amount of the fee to be charged. The fee shall not exceed the Secretary of State’s cost of managing and maintaining the list. If the aggregate amount of fees collected in a fiscal year exceeds the Secretary of State’s cost of maintaining and managing the list, the amount of the fee shall be adjusted by the Secretary of State for the next fiscal year.
(g) Notwithstanding subdivision (f), a person listed in paragraph (3) of subdivision (a) of Section 2194 shall be entitled, once per year, to receive a copy of names and telephone numbers from the list from up to five area codes without paying a fee to the Secretary of State.
(h) In implementing this section, county elections officials shall cooperate with the Secretary of State, vendors, and any voter registration agency designated as such pursuant to the National Voter Registration Act of 1993 (42 U.S.C. Sec. 1973gg et seq.).
(i) The Secretary of State may contract with an outside source to implement this section.
(j) Notwithstanding Section 91000, a violation of this section shall not subject a person to criminal liability.
(k) This section shall not become operative until 90 days after the date the Secretary of State certifies that the state has a statewide voter registration database that complies with the requirements of the federal Help America Vote Act of 2002 (42 U.S.C. Sec. 15301 et seq.).

SEC. 4.

 Section 2872 of the Public Utilities Code is amended to read:

2872.
 (a) The connection of automatic dialing-announcing devices to a telephone line is subject to this article and to the jurisdiction, control, and regulation of the commission.
(b) No person shall operate an automatic dialing-announcing device except in accordance with this article. The use of such a device by any person, either individually or acting as an officer, agent, or employee of a person or corporation operating automatic dialing-announcing devices, is subject to this article.
(c) No person shall operate an automatic dialing-announcing device in this state to place a call that is received by a telephone in this state during the hours between 9 p.m. and 9 a.m. California time.
(d) This article does not prohibit the use of an automatic dialing-announcing device by any person exclusively on behalf of any of the following:
(1) A school for purposes of contacting parents or guardians of pupils regarding attendance.
(2) An exempt organization under the Bank and Corporation Tax Law (Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code) for purposes of contacting its members.
(3) A privately owned or publicly owned cable television system for purposes of contacting customers or subscribers regarding the previously arranged installation of facilities on the premises of the customer or subscriber.
(4) A privately owned or publicly owned public utility for purposes of contacting customers or subscribers regarding the previously arranged installation of facilities on the premises of the customer or subscriber or for purposes of contacting employees for emergency actions or repairs required for public safety or to restore services.
(5) A petroleum refinery, chemical processing plant, or nuclear powerplant for purposes of advising residents, public service agencies, and the news media in its vicinity of an actual or potential life-threatening emergency.
(e) This article does not prohibit law enforcement agencies, fire protection agencies, public health agencies, public environmental health agencies, city or county emergency services planning agencies, or any private for-profit agency operating under contract with, and at the direction of, one or more of these agencies, from placing calls through automatic dialing-announcing devices, if those devices are used for any of the following purposes:
(1) Providing public service information relating to public safety.
(2) Providing information concerning police or fire emergencies.
(3) Providing warnings of impending or threatened emergencies.
These calls shall not be subject to Section 2874.
(f) This article does not apply to any automatic dialing-announcing device that is not used to randomly or sequentially dial telephone numbers but that is used solely to transmit a message to an established business associate, customer, or other person having an established relationship with the person using the automatic dialing-announcing device to transmit the message, or to any call generated at the request of the recipient.
(g) The commission may determine any question of fact arising under this section.
(h) Nothing in this section shall be construed to permit an automated campaign telephone call, as defined in Section 84311 of the Government Code, to a person who has elected to have his or name and telephone number placed on the California Political Robocall Do Not Call List.
SEC. 5.
 The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
SEC. 6.
 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.
SEC. 7.
 The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.