Code Section Group

Elections Code - ELEC

DIVISION 2. VOTERS [2000 - 2600]

  ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )

CHAPTER 2. Registration [2100 - 2194.1]

  ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )

ARTICLE 1. General Provisions [2100 - 2124]
  ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )

2100.
  

A person shall not be registered except as provided in this chapter or Chapter 4.5, except upon the production and filing of a certified copy of a judgment of the superior court directing registration to be made.

(Amended by Stats. 2015, Ch. 729, Sec. 1. Effective January 1, 2016.)

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 16 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.

(Amended (as amended by Stats. 2015, Ch. 728, Sec. 2) by Stats. 2016, Ch. 757, Sec. 2. Effective January 1, 2017.)

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 Web site 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 16 years of age and otherwise meets all eligibility requirements to vote may submit his or her 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 his or her 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 he or she has not been disqualified from voting.

(Amended (as amended by Stats. 2009, Ch. 364, and Stats. 2014, Ch. 909, Sec. 6.5) by Stats. 2015, Ch. 736, Sec. 3.5. Effective January 1, 2016. Amendment by Stats. 2009, Ch. 364, with text revised by this amendment, became operative on September 26, 2016, when the Secretary of State issued the certification prescribed by Sec. 7 of Ch. 364.)

2103.
  

(a) It is the intent of the Legislature that the election board of each county, in order to promote and encourage voter registrations, shall establish a sufficient number of registration places throughout the county, and outside the county courthouse, for the convenience of persons desiring to register, to the end that registration may be maintained at a high level.

(b) It is also the intent of the Legislature that county elections officials, in order to promote and encourage voter registrations, shall enlist the support and cooperation of interested citizens and organizations in such a way as to reach most effectively every resident of the county.

(c) It is also the intent of the Legislature that non-English-speaking citizens, like all other citizens, should be encouraged to vote. Therefore, appropriate efforts should be made to minimize obstacles to registration by citizens who lack sufficient skill in English to register without assistance.

(d) It is the intent of the Legislature that county elections officials be permitted to distribute affidavits of registration and voter registration cards, in all languages required by Section 203 (52 U.S.C. Sec. 10503) or Section 4(f)(4) (52 U.S.C. Sec. 10303(f)(4)) of the federal Voting Rights Act of 1965, by using the county’s Internet Web site.

(Amended by Stats. 2015, Ch. 728, Sec. 3. Effective January 1, 2016. Operative September 26, 2016, when the Secretary of State issued the certification prescribed by Stats. 2015, Ch. 728, Sec. 88.)

2105.
  

It is the intent of the Legislature that voter registration be maintained at the highest possible level. The Secretary of State shall adopt regulations requiring each county to design and implement programs intended to identify qualified electors who are not registered voters, and to register those persons to vote. The Secretary of State shall adopt regulations prescribing minimum requirements for those programs. If the Secretary of State finds that a county has not designed and implemented a program meeting the prescribed minimum requirements, the Secretary of State shall design a program for the county and report the violation to the Attorney General.

(Enacted by Stats. 1994, Ch. 920, Sec. 2.)

2105.5.
  

(a) The Department of Corrections and Rehabilitation shall do one of the following:

(1) Establish and maintain on the department’s Internet Web site a hyperlink to the Internet Web site at which the Secretary of State’s voting rights guide for incarcerated persons may be found.

(2) Post, in each parole office where parolees are seen, a notice that contains the Internet Web site address at which the Secretary of State’s voting rights guide for incarcerated persons may be found.

(b) Each county probation department shall do one of the following:

(1) Establish and maintain on the county probation department’s Internet Web site a hyperlink to the Internet Web site at which the Secretary of State’s voting rights guide for incarcerated persons may be found.

(2) Post, in each probation office where probationers are seen, a notice that contains the Internet Web site address at which the Secretary of State’s voting rights guide for incarcerated persons may be found.

(Amended by Stats. 2014, Ch. 899, Sec. 1. Effective January 1, 2015.)

2105.7.
  

(a) A state or local juvenile detention facility, including, but not limited to, a juvenile hall, juvenile ranch, juvenile camp, or a facility of the Department of Corrections and Rehabilitation, Division of Juvenile Justice, shall do all of the following:

(1) Identify each individual housed in the facility who is of age to register to vote and not in prison or on parole for the conviction of a felony.

(2) Provide an affidavit of registration to each individual housed in the facility who is of age to register to vote and not in prison or on parole for the conviction of a felony by doing either of the following:

(A) Providing the individual a paper affidavit of registration.

(B) Directing the individual to an affidavit of registration provided on the Internet Web site of the Secretary of State.

(3) Assist each individual housed in the facility who is of age to register to vote and not in prison or on parole for the conviction of a felony with the completion of the affidavit of registration, unless the individual declines assistance.

(b) A facility providing paper affidavits of registration pursuant to subdivision (a) shall do either of the following:

(1) Assist the individual who completed the voter registration card in returning the completed card to the county elections official.

(2) Accept any completed voter registration card and transmit the card to the county elections official.

(Added by Stats. 2014, Ch. 624, Sec. 1. Effective January 1, 2015.)

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 he or she 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 least 16 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.

(Amended (as amended by Stats. 2015, Ch. 728, Sec. 5) by Stats. 2016, Ch. 757, Sec. 5. Effective January 1, 2017.)

2111.
  

A person may prove he or she is a citizen by his or her certification under penalty of perjury on the affidavit of registration.

(Enacted by Stats. 1994, Ch. 920, Sec. 2.)

2112.
  

Notwithstanding any other provision of law to the contrary, the fact that a person certifies to his or her United States citizenship by signing his or her affidavit of registration shall be deemed evidence of citizenship for voting purposes only.

(Enacted by Stats. 1994, Ch. 920, Sec. 2.)

2114.
  

The county elections official of any county in this state may receive the affidavit of registration of any elector who resides or claims residence in another county in this state. The affidavit shall be forwarded to the county elections official of the county in which the elector resides. The county elections official of the county in which the elector resides shall use the affidavit of registration received from the other county as his or her permanent record of registration.

Registration by this method shall be effective for all elections occurring 15 or more days after receipt of the affidavit of registration by the county elections official to which the affidavit is mailed or delivered by the elector.

(Amended by Stats. 2015, Ch. 728, Sec. 13. Effective January 1, 2016. Operative September 26, 2016, when the Secretary of State issued the certification prescribed by Stats. 2015, Ch. 728, Sec. 88.)

2115.
  

Whenever a voter, between the time of that person’s last registration and the time for the closing of registration for any given election, has lawfully changed his or her surname, the voter shall reregister under the new or changed name. The voter shall make an additional statement at the time of reregistration, giving the name under which he or she was last registered.

This additional statement shall be given in the prior registration portion of the affidavit of registration before the affidavit is signed, and shall be deemed a part of the affidavit. Upon reregistration, the registration of the voter shall be immediately updated.

(Amended by Stats. 2015, Ch. 728, Sec. 14. Effective January 1, 2016. Operative September 26, 2016, when the Secretary of State issued the certification prescribed by Stats. 2015, Ch. 728, Sec. 88.)

2116.
  

(a) Whenever a voter, between the time of that person’s last voter registration and the time for the closing of registration for any given election, has changed his or her residence address by moving, the voter shall execute a new affidavit of registration or a notice or a letter of the change of address as permitted in Section 2119, in order to be eligible to vote at the next election.

(b) Notwithstanding subdivision (a), a voter who has changed his or her residence address by moving may vote at the election immediately following the change of residence if he or she is entitled to vote under Section 2035 or 14311.

(Amended by Stats. 1996, Ch. 1123, Sec. 3. Effective January 1, 1997.)

2119.
  

(a) Except as provided in subdivision (d), Article 4.5 (commencing with Section 2170), and Chapter 5 (commencing with Section 3400) and Chapter 6 (commencing with Section 3500) of Division 3, the county elections official shall accept affidavits of registration at all times except during the 14 days immediately preceding an election, when registration shall cease for that election as to electors residing in the territory within which the election is held.

(b) Transfers of registration for an election may be made from one precinct to another precinct in the same county, from one county to another county, or for a residence address change within the same precinct at any time registration is in progress in the precinct or county to which the elector seeks to transfer. In lieu of executing a new affidavit of registration for a change of address, the county elections official shall accept a notice, a letter of the change of address signed by a voter as he or she is registered, or written notice.

The former address shall be maintained with the voter record and the registration of the voter shall be immediately updated.

(c) If the reregistration or transfer is from one county to another county, the county elections official of the county in which the voter was formerly registered shall be notified and the registration of the voter shall be immediately updated.

(d) The county elections official shall accept an affidavit of registration or a notification for the forthcoming election and shall immediately update the address on the voter’s affidavit of registration accordingly if the affidavit of registration or notification is executed on or before the 15th day prior to the election and if any of the following apply:

(1) The mailed affidavit of registration or notification is postmarked on or before the 15th day prior to the election and received by mail by the county elections official before the close of the polls on election day.

(2) The affidavit of registration or notification 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 prior to the election.

(3) The affidavit of registration or notification is delivered to the county elections official by means other than those described in paragraphs (1) and (2) on or before the 15th day prior to the election.

(4) The affidavit is submitted electronically on the Internet Web site of the Secretary of State pursuant to Section 2196 on or before the 15th day prior to the election.

(e) If the registration, reregistration, or notification is executed during the 14 days before an election or is executed on or before the 15th day prior to the election, but does not meet any of the conditions set forth in subdivision (d), the registration of the voter or the update to the registration of the voter shall be immediately processed, but the voter will not be eligible to vote in that election.

(f) This section shall become operative on January 1, 2017.

(Amended (as amended by Sec. 18) by Stats. 2015, Ch. 728, Sec. 19. Effective January 1, 2016. Amendment operative January 1, 2017, pursuant to its own provisions.)

2120.
  

(a) If the county elections official receives a letter from a voter stating that the voter has moved to a new address in another county in the state and the voter provides the new address, the elections official shall immediately update the voter’s registration and the former address shall be maintained with the voter record.

(b) If the county elections official receives a letter from a voter stating that the voter has moved to a new address in another county in the state and the voter does not provide the new address, the elections official shall cancel the old registration for any election occurring at least 15 days after the receipt of the letter.

(Amended by Stats. 2015, Ch. 728, Sec. 20. Effective January 1, 2016. Operative September 26, 2016, when the Secretary of State issued the certification prescribed by Stats. 2015, Ch. 728, Sec. 88.)

2121.
  

No fees may be charged for registration.

(Enacted by Stats. 1994, Ch. 920, Sec. 2.)

2122.
  

The county elections official may cause to be written or printed upon the top margin, or in the body of the affidavit, in addition to any matter provided for in this code, any words necessary or convenient to designate the precinct, district, or political subdivision for which the affidavit is taken, or to indicate any removal or transfer of registration. Any other reasonable memoranda may be added that is necessary or convenient to enable the county elections official to perform his or her duties in assorting or classifying or handling affidavits with correctness and dispatch. However, the memoranda shall not include notations, whether coded or not, that indicate that the registrant has signed a particular initiative, referendum, or recall petition unless the notations are made other than on the body of the affidavit of registration. Any memoranda, notations, devices, computer data, or other means or material employed by the elections official indicating which petition or petitions have been signed by any registrant shall be destroyed as soon as practicable after the certification of the results of the election for which the memoranda, notations, devices, computer data, or other means or material was used, or if no election is held, as soon as practicable after the final certification of the elections official showing the results of the examination of the petition. In no event shall the memoranda, notations, devices, computer data, or other means or material be retained for more than 30 days.

The memoranda, notations, devices, computer data, or other means or material employed by the elections official indicating which petition or petitions have been signed by any registrant shall be available for the use of the elections official and his or her staff only and then only for the purposes for which they were prepared. Except as previously provided, they shall not be made available to any person or entity, public or private, for any purpose whatsoever.

Memoranda added to the body of the affidavit of registration, which are not applicable to the requirements of Section 2150, shall not be deemed a portion of the affidavit.

(Enacted by Stats. 1994, Ch. 920, Sec. 2.)

2123.
  

In accordance with Section 11 of the initiative act approved by a majority of the voters at the general election held on November 4, 1930, (Statutes of 1931, p. lxxxiii) and entitled “An act to amend Sections 1083a, 1094, 1095a, 1097, 1103, 1105, 1106, 1115, 1120, and to repeal Sections 1228 and 1229 of the Political Code, relating to registration of electors and conduct of elections,” no amendment by the Legislature shall provide for a general biennial or other periodic reregistration of voters.

(Enacted by Stats. 1994, Ch. 920, Sec. 2.)

2124.
  

The Secretary of State shall, by regulation, adopt uniform standards for proof of residency, which shall apply in all instances where voters and new registrants are required by law to prove residency.

(Added by Stats. 2003, Ch. 809, Sec. 2. Effective January 1, 2004.)

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