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SB-727 Elections: voter registration.(2019-2020)

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Date Published: 04/03/2019 09:00 PM
SB727:v98#DOCUMENT

Amended  IN  Senate  April 03, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 727


Introduced by Senator Stern
(Principal coauthors: Assembly Members Gonzalez and McCarty)

February 22, 2019


An act to amend Sections 2000, 2101, 2102, 2106, 2150, and 2205 of the Elections Code, relating to elections.


LEGISLATIVE COUNSEL'S DIGEST


SB 727, as amended, Stern. Elections: voter registration.
Existing law authorizes a person who is at least 16 years of age and otherwise meets all voter eligibility requirements to preregister to vote by submitting an affidavit of registration. The affidavit of registration is deemed effective as of the date the affiant will be 18 years of age.
This bill would lower the minimum age for voter preregistration to 1512 15 years of age. The bill also would make conforming changes to existing law.
By increasing the duties of local elections officials in processing voter registrations and related duties, 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 the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 2000 of the Elections Code is amended to read:

2000.
 (a) Every person who qualifies under Section 2 of Article II of the California Constitution and who complies with this code governing the registration of electors may vote at any election held within the territory within which the person resides and the election is held.
(b) A person who will be at least 18 years of age at the time of the next election is eligible to register and vote at that election.
(c) Pursuant to Section 2102, a person who is at least 1512 15 years of age and otherwise meets all eligibility requirements to vote is eligible to preregister to vote, but is not eligible to vote until the person is 18 years of age.

SEC. 2.

 Section 2101 of the Elections Code is amended to read:

2101.
 (a) A person entitled to register to vote shall be a United States citizen, a resident of California, not imprisoned or on parole for the conviction of a felony, and at least 18 years of age at the time of the next election.
(b) A person entitled to preregister to vote in an election shall be a United States citizen, a resident of California, not imprisoned or on parole for the conviction of a felony, and at least 1512 15 years of age.
(c) For purposes of this section, the following definitions apply:
(1) “Imprisoned” means currently serving a state or federal prison sentence.
(2) “Parole” means a term of supervision by the Department of Corrections and Rehabilitation.
(3) “Conviction” does not include a juvenile adjudication made pursuant to Section 203 of the Welfare and Institutions Code.

SEC. 3.

 Section 2102 of the Elections Code is amended to read:

2102.
 (a) Except as provided in Chapter 4.5, a person shall not be registered as a voter except by affidavit of registration. The affidavit of registration 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 affidavit of registration shall be deemed effective upon receipt of the affidavit by the county elections official if received on or before the 15th day before an election to be held in the registrant’s precinct. A properly executed affidavit of 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 before 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 (52 U.S.C. Sec. 20501 et seq.) on or before the 15th day before the election.
(3) The affidavit is delivered to the county elections official by means other than those described in paragraphs (1) and (2) on or before the 15th day before the election.
(4) The affidavit is submitted electronically on the internet website of the Secretary of State pursuant to Section 2196 on or before the 15th day before the election.
(b) For purposes of verifying a signature on a recall, initiative, or referendum petition or a signature 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 before 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 law to the contrary, the affidavit of registration required under this chapter shall 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 1512 15 years of age and otherwise meets all eligibility requirements to vote may submit an affidavit of registration as prescribed by this section. A properly executed affidavit of 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 affidavit of registration would otherwise become effective, for the affiant’s registration to become effective, the affiant shall provide the current information to the proper county elections official as prescribed by this chapter.
(e) An individual with a disability who is otherwise qualified to vote may complete an affidavit of registration with reasonable accommodations as needed.
(f) An individual with a disability who is under a conservatorship may be registered to vote if the individual has not been disqualified from voting.

SEC. 4.

 Section 2106 of the Elections Code 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 contain the following statement in printed literature or media announcements made in connection with the program: “A person entitled to register to vote must be a United States citizen, a resident of California, not currently imprisoned in a state or federal prison or on state 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 the person is a United States citizen, a resident of California, not currently imprisoned in a state or federal prison or on state parole for the conviction of a felony, and at least1512 15 years of age.” A county elections official may continue to use existing materials before printing new or revised materials required by any changes to this section.

SEC. 5.

 Section 2150 of the Elections Code 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 the affiant’s 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.” A person shall not be denied the right to register because of a 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 address, if furnished. A person shall not be denied the right to register because of a failure to furnish a telephone number or email 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 the affiant 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 the affiant is at least 1512 15 years of age.
(6) The state or country of the affiant’s birth.
(7) (A) In the case of an affiant who has been issued a current and valid driver’s license, the affiant’s driver’s license number.
(B) In the case of any other affiant, other than an affiant to whom subparagraph (C) applies, the last four digits of the affiant’s social security number.
(C) If a 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 a number that will serve to identify the affiant for voter registration purposes. If the state has a computerized list in effect under this paragraph 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, the affiant 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 and correctness, under penalty of perjury, with the signature of the affiant’s name and the date of signing. If the affiant is unable to write, the affiant 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 the affiant’s ethnicity or race, or both. An affiant shall not be denied the ability to register because the affiant declines to state the affiant’s ethnicity or race.
(d) If a person assists the affiant in completing the affidavit of registration, 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 before printing new or revised forms that reflect the changes made to this section by Chapter 508 of the Statutes of 2007.

SEC. 6.

 Section 2205 of the Elections Code 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 1512 15 years of age and over, whose deaths were registered with the registrar or of whose deaths the registrar 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. 7.

 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.