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AB-2245 Voter registration.(2017-2018)

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Date Published: 08/29/2018 09:00 PM
AB2245:v97#DOCUMENT

Enrolled  August 29, 2018
Passed  IN  Senate  August 22, 2018
Passed  IN  Assembly  August 27, 2018
Amended  IN  Senate  August 17, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2245


Introduced by Assembly Member Berman
(Coauthor: Assembly Member Gabriel)

February 13, 2018


An act to amend Sections 2187 and 2194 of the Elections Code, and to amend Section 6254.4 of the Government Code, relating to elections.


LEGISLATIVE COUNSEL'S DIGEST


AB 2245, Berman. Voter registration.
Under existing law, a person may not be registered to vote except by affidavit of 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 his or her affidavit of registration, which, if properly executed, will be deemed effective as of the date the affiant will be 18 years of age.
Existing law requires a county elections official to prepare specified information on registered voters in the county, including the total number of voters and the number of voters registered as preferring each qualified political party, and to provide notice to the Secretary of State that the information is available.
This bill would require a county elections official to also include specified information on persons who have preregistered to vote. By imposing additional duties on county elections officials, the bill would impose a state-mandated local program.
Existing law provides that certain information on a voter’s affidavit of registration, including the voter’s home address and signature, is confidential and prohibits disclosure of the information except in specified circumstances.
This bill would additionally provide that the affidavit of registration of a preregistered person who is not yet a registered voter is confidential, and would prohibit its disclosure to any person without exception.
This bill would incorporate additional changes to Section 2187 of the Elections Code proposed by AB 3258 to be operative only if this bill and AB 3258 are enacted and this bill is enacted last.
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 2187 of the Elections Code is amended to read:

2187.
 (a) Each county elections official shall provide notice to the Secretary of State that the following information is available:
(1) The total number of voters, and the total number of people who have preregistered to vote, in the county.
(2) The number registered and the number preregistered as preferring each qualified political party.
(3) The number registered and the number preregistered as preferring nonqualified parties.
(4) The number registered and the number preregistered without choosing a political party preference.
(5) The number of voters, and the number of people who have preregistered to vote, by political party preferences in each of the following political subdivisions, located in whole or in part within the county:
(A) A supervisorial district.
(B) Congressional district.
(C) Senate district.
(D) Assembly district.
(E) Board of Equalization district.
(F) Cities and unincorporated areas.
(b) The Secretary of State, within 30 days after receiving the information specified in subdivision (a), shall compile a statewide list showing the number of voters, and the number of people who have preregistered to vote, by party preferences, in the state and in each county, city, supervisorial district, Assembly district, Senate district, and congressional district in the state. A copy of this list shall be made available, upon request, to any elector in this state.
(c) The county elections officials shall prepare the information referenced in subdivision (a) and provide notice to the Secretary of State at the following times:
(1) On the 135th day before each presidential primary election and before each direct primary election, with respect to voters registered and people who are preregistered on the 154th day before the primary election.
(2) Not less than 50 days before the primary election, with respect to voters registered and people who are preregistered on the 60th day before the primary election.
(3) Not less than seven days before the primary election, with respect to voters registered and people who are preregistered before the 14th day before the primary election.
(4) Not less than 102 days prior to each presidential general election, with respect to voters registered and people who are preregistered before the 123rd day before the presidential general election.
(5) Not less than 50 days before the general election, with respect to voters registered and people who are preregistered on the 60th day before the general election.
(6) Not less than seven days before the general election, with respect to voters registered and people who are preregistered before the 14th day before the general election.
(7) On or before March 1 of each odd-numbered year, with respect to voters registered and people who are preregistered as of February 10.
(d) The Secretary of State may adopt regulations prescribing additional regular reporting times, except that the total number of reporting times in any one calendar year shall not exceed 12.

SEC. 1.5.

 Section 2187 of the Elections Code is amended to read:

2187.
 (a) Each county elections official shall provide notice to the Secretary of State that the following information is available:
(1) The total number of voters, and the total number of people who have preregistered to vote, in the county.
(2) The number registered and the number preregistered as preferring each qualified political party.
(3) The number registered and the number preregistered as preferring nonqualified parties.
(4) The number registered and the number preregistered without choosing a political party preference.
(5) The number of voters, and the number of people who have preregistered to vote, by political party preferences in each of the following political subdivisions, located in whole or in part within the county:
(A) A supervisorial district.
(B) Congressional district.
(C) Senate district.
(D) Assembly district.
(E) Board of Equalization district.
(F) Cities and unincorporated areas.
(b) The Secretary of State, within 30 days after receiving the information specified in subdivision (a), shall compile a statewide list showing the number of voters, and the number of people who have preregistered to vote, by party preferences, in the state and in each county, city, supervisorial district, Assembly district, Senate district, and congressional district in the state. A copy of this list shall be made available, upon request, to any elector in this state.
(c) The county elections officials shall prepare the information referenced in subdivision (a) and provide notice to the Secretary of State at the following times:
(1) On the 135th day before each presidential primary election and before each direct primary election, with respect to all voters who are registered voters and people who are preregistered on the 154th day before the primary election.
(2) Not less than 50 days before the primary election, with respect to all voters who are registered voters and people who are preregistered on the 60th day before the primary election.
(3) Not less than seven days before the primary election, with respect to all voters who are registered voters and people who are preregistered on the 15th day before the primary election.
(4) Not less than 102 days before each presidential general election, with respect to all voters who are registered voters and people who are preregistered on the 123rd day before the presidential general election.
(5) Not less than 50 days before the general election, with respect to all voters who are registered voters and people who are preregistered on the 60th day before the general election.
(6) Not less than seven days before the general election, with respect to all voters who are registered voters and people who are preregistered on the 15th day before the general election.
(7) On or before March 1 of each odd-numbered year, with respect to all voters who are registered voters and people who are preregistered on February 10.
(d) The Secretary of State may adopt regulations prescribing additional regular reporting times, except that the total number of reporting times in any one calendar year shall not exceed 12.

SEC. 2.

 Section 2194 of the Elections Code is amended to read:

2194.
 (a) Except as provided in Section 2194.1, the affidavit of voter registration information identified in Section 6254.4 of the Government Code:
(1) Shall be confidential and shall not appear on any computer terminal, list, affidavit, duplicate affidavit, or other medium routinely available to the public at the county elections official’s office.
(2) Shall not be used for any personal, private, or commercial purpose, including, but not limited to:
(A) The harassment of any voter or voter’s household.
(B) The advertising, solicitation, sale, or marketing of products or services to any voter or voter’s household.
(C) Reproduction in print, broadcast visual or audio, or display on the Internet or any computer terminal unless pursuant to paragraph (3).
(3) Shall be provided with respect to any voter, subject to the provisions of Sections 2166, 2166.5, 2166.7, and 2188, to any candidate for federal, state, or local office, to any committee for or against any initiative or referendum measure for which legal publication is made, and to any person for election, scholarly, journalistic, or political purposes, or for governmental purposes, as determined by the Secretary of State.
(4) May be used by the Secretary of State for the purpose of educating voters pursuant to Section 12173 of the Government Code.
(b) (1) Notwithstanding any other law, the California driver’s license number, the California identification card number, the social security number, and any other unique identifier used by the State of California for purposes of voter identification shown on the affidavit of voter registration of a registered voter, or added to voter registration records to comply with the requirements of the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.), are confidential and shall not be disclosed to any person.
(2) Notwithstanding any other law, the signature of the voter shown on the affidavit of voter registration or an image thereof is confidential and shall not be disclosed to any person, except as provided in subdivision (c).
(3) Notwithstanding any other law, the affidavit of voter registration for a person who has submitted an affidavit pursuant to subdivision (d) of Section 2102, but who is not yet a registered voter, is confidential and shall not be disclosed to any person.
(c) (1) The home address or signature of any voter shall be released whenever the person’s vote is challenged pursuant to Sections 15105 to 15108, inclusive, or Article 3 (commencing with Section 14240) of Chapter 3 of Division 14. The address or signature shall be released only to the challenger, to elections officials, and to other persons as necessary to make, defend against, or adjudicate the challenge.
(2) An elections official shall permit a person to view the signature of a voter for the purpose of determining whether the signature matches a signature on an affidavit of registration or an image thereof or a petition, but shall not permit a signature to be copied.
(d) A governmental entity, or officer or employee thereof, shall not be held civilly liable as a result of disclosure of the information referred to in this section, unless by a showing of gross negligence or willfulness.
(e) For the purposes of this section, “voter’s household” is defined as the voter’s place of residence or mailing address or any persons who reside at the place of residence or use the mailing address as supplied on the affidavit of registration pursuant to paragraphs (3) and (4) of subdivision (a) of Section 2150.

SEC. 3.

 Section 6254.4 of the Government Code is amended to read:

6254.4.
 (a) The home address, telephone number, email address, precinct number, or other number specified by the Secretary of State for voter registration purposes, and prior registration information shown on the affidavit of registration, is confidential and shall not be disclosed to any person, except pursuant to Section 2194 of the Elections Code.
(b) For purposes of this section, “home address” means street address only, and does not include an individual’s city or post office address.
(c) The California driver’s license number, the California identification card number, the social security number, and any other unique identifier used by the State of California for purposes of voter identification shown on an affidavit of registration, or added to the voter registration records to comply with the requirements of the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.), are confidential and shall not be disclosed to any person.
(d) The signature of the voter that is shown on the affidavit of registration is confidential and shall not be disclosed to any person.
(e) The affidavit of voter registration for a person who has submitted an affidavit pursuant to subdivision (d) of Section 2102 of the Elections Code, but who is not yet a registered voter, is confidential and shall not be disclosed to any person.

SEC. 4.

 Section 1.5 of this bill incorporates amendments to Section 2187 of the Elections Code proposed by both this bill and Assembly Bill 3258. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 2187 of the Elections Code, and (3) this bill is enacted after Assembly Bill 3258, in which case Section 1 of this bill shall not become operative.

SEC. 5.

 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.