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AB-693 Conditional voter registration: voting.(2019-2020)

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Date Published: 07/15/2019 09:00 PM
AB693:v96#DOCUMENT

Assembly Bill No. 693
CHAPTER 99

An act to amend Section 2170 of the Elections Code, relating to elections.

[ Approved by Governor  July 12, 2019. Filed with Secretary of State  July 12, 2019. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 693, Berman. Conditional voter registration: voting.
Existing law authorizes an elector who is otherwise qualified to register to vote to complete a conditional voter registration and cast a provisional ballot during the 14 days immediately preceding an election, as prescribed.
This bill would authorize an elections official to offer a nonprovisional ballot to a conditional voter registrant if the official uses the statewide voter registration database developed in compliance with the requirements of the federal Help America Vote Act of 2002 to make certain verifications before issuing the nonprovisional ballot and, if the registrant has been included on a roster for that election in that county, the official updates that roster to indicate that the voter has voted and shall not be issued another nonprovisional ballot for that election.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 2170 of the Elections Code is amended to read:

2170.
 (a) “Conditional voter registration” means a properly executed affidavit of registration that is delivered by the registrant to the county elections official during the 14 days immediately preceding an election or on election day and which may be deemed effective pursuant to this article after the elections official processes the affidavit, determines the registrant’s eligibility to register, and validates the registrant’s information, as specified in subdivision (c).
(b) In addition to other methods of voter registration provided by this code, an elector who is otherwise qualified to register to vote under this code and Section 2 of Article II of the California Constitution may complete a conditional voter registration and cast a provisional ballot, or nonprovisional ballot under subdivision (f), during the 14 days immediately preceding an election or on election day pursuant to this article.
(c) (1) A conditional voter registration shall be deemed effective if the county elections official is able to determine before or during the canvass period for the election that the registrant is eligible to register to vote and that the information provided by the registrant on the registration affidavit matches information contained in a database maintained by the Department of Motor Vehicles or the federal Social Security Administration.
(2) If the information provided by the registrant on the registration affidavit cannot be verified pursuant to paragraph (1) but the registrant is otherwise eligible to vote, the registrant shall be issued a unique identification number pursuant to Section 2150 and the conditional voter registration shall be deemed effective.
(d) The county elections official shall offer conditional voter registration and voting pursuant to this article, in accordance with all of the following procedures:
(1) The elections official shall provide conditional voter registration and voting pursuant to this article at all permanent offices of the county elections official in the county.
(2) The elections official shall advise registrants that a conditional voter registration will be effective only if the registrant is determined to be eligible to register to vote for the election and the information provided by the registrant on the registration affidavit is verified pursuant to subdivision (c).
(3) The elections official shall conduct the receipt and handling of each conditional voter registration and offer and receive a corresponding ballot in a manner that protects the secrecy of the ballot and allows the elections official to process the registration, determine the registrant’s eligibility to register, and validate the registrant’s information before counting or rejecting the corresponding ballot.
(4) After receiving a conditional voter registration, the elections official shall process the registration, determine the registrant’s eligibility to register, and attempt to validate the registrant’s information.
(5) If a conditional registration is deemed effective, the elections official shall include the corresponding ballot in the official canvass.
(e) The county elections official may offer conditional voter registration and voting pursuant to this article at satellite offices of the county elections office, in accordance with the procedures specified in paragraphs (2) to (5), inclusive, of subdivision (d).
(f) An elections official may offer a nonprovisional ballot to a registrant if the official does both of the following:
(1) Uses the statewide voter registration database developed in compliance with the requirements of the federal Help America Vote Act of 2002 (52 U.S.C. 20901 et seq.) to do all of the following before issuing the nonprovisional ballot:
(A) Verify that the registrant is deemed eligible to register to vote.
(B) Verify that the registrant has not voted in the state in that election.
(C) Verify that the registrant has not been included on a roster for that election in another county in the state that is not conducting elections pursuant to Section 4005.
(D) Update the voter’s record to indicate that the voter has voted in that election.
(2) If the registrant has been included on a roster for that election in that county, the official updates that roster to indicate that the voter has voted and shall not be issued another nonprovisional ballot for that election.