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ACA-6 Elections: disqualification of electors.(2019-2020)

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ACA6:v98#DOCUMENT

Amended  IN  Assembly  June 12, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Constitutional Amendment No. 6


Introduced by Assembly Members McCarty, Bonta, Carrillo, Gipson, Gonzalez, Kalra, Kamlager-Dove, Mullin, Mark Stone, and Weber
(Principal coauthor: Senator Wiener)

January 28, 2019


A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending Section 4 Sections 2 and 4 of Article II thereof, relating to elections.


LEGISLATIVE COUNSEL'S DIGEST


ACA 6, as amended, McCarty. Elections: disqualification of electors.
The California Constitution requires the Legislature to provide for the disqualification of electors while mentally incompetent or imprisoned or on parole for the conviction of a felony. Existing statutory law, for purposes of determining who is entitled to register to vote, defines imprisoned as currently serving a state or federal prison sentence.
This measure would instead direct the Legislature to provide for the disqualification of electors who are serving a state or federal prison sentence for the conviction of a felony. This measure would also delete the requirement that the Legislature provide for the disqualification of electors while on parole for the conviction of a felony. The measure would provide for the restoration of voting rights upon completion of the prison term.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

Resolved by the Assembly, the Senate concurring, That the Legislature of the State of California at its 2019–20 Regular Session commencing on the third day of December 2018, two-thirds of the membership of each house concurring, hereby proposes to the people of the State of California, that the Constitution of the State be amended as follows:

First—

 That Section 2 of Article II thereof is amended to read:

SEC. 2.
 (a) A United States citizen 18 years of age and resident in this State may vote.
(b) An elector disqualified from voting while serving a state or federal prison term, as described in Section 4, shall have their right to vote restored upon the completion of their prison term.

Second—

 That Section 4 of Article II thereof is amended to read:

SEC. 4.
 The Legislature shall prohibit improper practices that affect elections and shall provide for the disqualification of electors while mentally incompetent or serving a state or federal prison sentence term for the conviction of a felony.