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SB-113 Elections: voter registration.(2013-2014)

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SB113:v98#DOCUMENT

Amended  IN  Senate  January 06, 2014

CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Senate Bill No. 113


Introduced by Senator Jackson
(Principal coauthor: Senator Calderon)
(Coauthor: Senator Price)(Coauthors: Senators Leno and Padilla)

January 15, 2013


An act to amend and repeal Sections 2102, 2106, 2150, 2155, and 2205 of the Elections Code, relating to elections.


LEGISLATIVE COUNSEL'S DIGEST


SB 113, as amended, Jackson. Elections: voter registration.
Existing law authorizes a person who is at least 17 years of age and otherwise meets all voter eligibility requirements to submit his or her affidavit of registration. The affidavit of registration is deemed effective as of the date the affiant will be 18 years of age. These provisions become operative when 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.
This bill would lower the minimum age for purposes of submitting an affidavit of registration pursuant to these provisions to 15 16 years of age. The bill also would make conforming changes to existing law. The bill would provide, notwithstanding the contingency described above, that its provisions shall become operative on January 1, 2014.

By requiring local elections officials to process voter registrations submitted by persons 15 years of age or older, the bill would impose a state-mandated local program.

Existing law requires that, upon receipt of a properly executed affidavit of registration or address correction notice or letter, the county elections official send the voter a voter notification containing specified information.
This bill would require that, if an affidavit of registration is submitted by a person who is at least 16 years of age and otherwise meets all voter eligibility requirements, the county elections official send the voter notification to that voter not more than 60 days prior to the effective date of that affidavit of registration. The bill would also make conforming changes to the voter notification format.
By imposing new requirements on local elections officials in processing voter registrations and sending voter notifications, the bill would create a state-mandated local program.
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.
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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.Section 2102 of the Elections Code, as amended by Section 2 of Chapter 899 of the Statutes of 2000, is repealed.

SEC. 2.SECTION 1.

 Section 2102 of the Elections Code, as amended by Section 2 of Chapter 364 of the Statutes of 2009, is amended to read:

2102.
 (a) A person may shall not be registered as a voter except by affidavit of registration. The affidavit 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 registration shall be deemed effective upon receipt of the affidavit by the county elections official if received on or before the 15th day prior to an election to be held in the registrant’s precinct. A properly executed registration shall also be deemed effective upon receipt of the affidavit by the county elections official if any of the following apply:
(1) The affidavit is postmarked on or before the 15th day prior to the election and received by mail by the county elections official.
(2) The affidavit 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 (42 U.S.C. Sec. 1973gg) on or before the 15th day prior to the election.
(3) The affidavit is delivered to the county elections official by means other than those described in paragraphs paragraph (1) or (2) on or before the 15th day prior to the election.
(b) For purposes of verifying signatures on a recall, initiative, or referendum petition or 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 is signed on the same date or a date prior to 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 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 15 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 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 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.

SEC. 3.Section 2106 of the Elections Code, as enacted by Section 2 of Chapter 920 of the Statutes of 1994, is repealed.

SEC. 4.SEC. 2.

 Section 2106 of the Elections Code, as amended by Section 3 of Chapter 364 of the Statutes of 2009, is amended to read:

2106.
 A program adopted by a county pursuant to Section 2103 or 2105, that is designed to encourage the registration of electors, shall, with respect to a printed literature or media announcement made in connection with these programs, contain this statement: “A person entitled to register to vote must be a United States citizen, a resident of California, not in prison or on parole for the conviction of a felony, and at least 18 years of age at the time of the election. A person may preregister 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 at least 15 16 years of age.” A county elections official may continue to use existing materials prior to before printing new or revised materials required by any changes to this section.

SEC. 5.Section 2150 of the Elections Code, as amended by Section 8 of Chapter 1 of the Statutes of 2009, is repealed.

SEC. 6.SEC. 3.

 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 affiant’s option, by the designation of 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 e-mail address, if furnished. No A person shall not be denied the right to register because of his or her failure to furnish a telephone number or 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 15 16 years of age.
(6) The state or country of the affiant’s birth.
(7) (A) In the case of an applicant who has been issued a current and valid driver’s license, the applicant’s driver’s license number.
(B) In the case of any other applicant, other than an applicant to whom subparagraph (C) applies, the last four digits of the applicant’s social security number.
(C) If an applicant for voter registration has not been issued a current and valid driver’s license or a social security number, the state shall assign the applicant a number that will serve to identify the applicant for voter registration purposes. To the extent that the state has a computerized list in effect under this 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 as to its 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 he or she shall sign with a mark or cross.
(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 may shall not be denied the ability to register because he or she declines to state his or her ethnicity or race.
(d) If a person, including a deputy registrar, assists the affiant in completing the 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 Secretary of State may continue to supply existing affidavits of registration to county elections officials prior to printing new or revised forms that reflect the changes made to this section by the act that added this subdivision.

SEC. 7.Section 2205 of the Elections Code, as enacted by Section 2 of Chapter 920 of the Statutes of 1994, is repealed.

SEC. 4.

 Section 2155 of the Elections Code is amended to read:

2155.
 (a) (1) Upon receipt of a properly executed affidavit of registration or address correction notice or letter pursuant to Section 2119, Article 2 (commencing with Section 2220), or the National Voter Registration Act of 1993 (42 U.S.C. Sec. 1973gg), the county elections official shall send the voter a voter notification.
(2) For a properly executed affidavit of registration made pursuant to subdivision (d) of Section 2102, as amended by the act adding this paragraph, the county elections official shall send the voter notification not more than 60 days prior to the effective date of that affidavit of registration.
(b) The county elections official shall send the voter a voter notification by nonforwardable, first-class mail, address correction requested. The voter notification shall state the party preference for which the voter has registered in the following format:
Party: (Name of political party)
The voter notification shall be substantially in the following form:

VOTER NOTIFICATION

You are registered to vote. The party preference you chose, if any, is on this card. This card is being sent as a notification of:
1. Your recently completed affidavit of registration.

OR,

2. A change to your registration because of an official notice that you have moved. If your residence address has not changed or if your move is temporary, please call or write to our office immediately.

OR,

3. Your recent registration with a change in party preference. If this change is not correct, please call or write to our office immediately.

OR,

4. A change to your registration from pending to active, because you will be 18 and eligible to vote.
You may vote in any election held 15 or more days after the date on this card.
Your name will appear on the index kept at the polls.
Please contact our office if If the information shown on the reverse side of this card is incorrect, please complete a new affidavit of registration at the online voter registration page of the Internet Web site of the Secretary of State or contact our office.
(Signature of Voter)

SEC. 8.SEC. 5.

 Section 2205 of the Elections Code, as amended by Section 5 of Chapter 364 of the Statutes of 2009, is amended to read:

2205.
 The local registrar of births and deaths shall notify the county elections official not later than the 15th day of each month of all deceased persons 15 16 years of age and over, whose deaths were registered with him or her or of whose deaths he or she was notified by the State Registrar of Vital Statistics during the preceding month. This notification shall include at least the name, sex, age, birthplace, birth date, place of residence, and date and place of death of each decedent.
The county elections official shall cancel the affidavit of registration of the deceased voter.

SEC. 9.

Notwithstanding Section 7 of Chapter 364 of the Statutes of 2009, Sections 2, 4, 6, and 8 of this act shall become operative on January 1, 2014.

SEC. 10.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.