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AB-31 Members of the Legislature and Congress: domicile: voting fraud.(2015-2016)

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Amended  IN  Assembly  March 09, 2015

CALIFORNIA LEGISLATURE— 2015–2016 REGULAR SESSION

Assembly Bill No. 31


Introduced by Assembly Member Cristina Garcia

December 01, 2014


An act to amend Section Sections 2026 and 18560 of the Elections Code, relating to elections.


LEGISLATIVE COUNSEL'S DIGEST


AB 31, as amended, Cristina Garcia. Members of the Legislature and Congress: domicile: voting fraud.
Existing law provides that a person’s residence for voting purposes means a person’s domicile, and that a person may only have one domicile. Existing law defines domicile to be the place in which a person’s habitation is fixed and where the person intends to remain or return to whenever absent. Existing law also provides that, for purposes of determining the domicile of a Member of the Legislature or a Representative in the Congress of the United States, it shall be conclusively presumed that the residence address indicated on that person’s currently filed affidavit of voter registration is that person’s domicile.
This bill would clarify that the conclusive presumption shall only apply applies only if the address indicated on that person’s currently filed affidavit of voter registration is a place in which the person’s habitation is fixed for some period of time.
Existing law permits a person who qualifies and is registered to vote to vote at any election held within the territory within which he or she resides and the election is held. Existing law makes it a crime for a person who is not entitled to vote at an election to fraudulently vote or fraudulently attempt to vote at that election.
This bill would require the Attorney General to investigate and prosecute any violation of that penal provision relating to a fraudulent vote or fraudulent attempt to vote in a jurisdiction in which the person does not reside for voting purposes.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 Section 2026 of the Elections Code is amended to read:

2026.
 The domicile of a Member of the Legislature or a Representative in the Congress of the United States shall be conclusively presumed to be at the residence address indicated on that person’s currently filed affidavit of voter registration. This conclusive presumption shall apply applies only if the address indicated on that person’s currently filed affidavit of voter registration is a place in which the person’s habitation is fixed for some period of time within the meaning of subdivision (c) of Section 349.

SEC. 2.

 Section 18560 of the Elections Code is amended to read:

18560.
 (a) Every person is guilty of a crime punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or in a county jail not exceeding one year, who:

(a)

(1) Not being entitled to vote at an election, fraudulently votes or fraudulently attempts to vote at that election.

(b)

(2) Being entitled to vote at an election, votes more than once, attempts to vote more than once, or knowingly hands in two or more ballots folded together at that election.

(c)

(3) Impersonates or attempts to impersonate a voter at an election.
(b) The Attorney General shall investigate and prosecute a violation of paragraph (1) of subdivision (a) relating to a fraudulent vote or fraudulent attempt to vote in a jurisdiction in which the person does not reside for voting purposes.