Today's Law As Amended


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AB-9 Voter identification: proof of identity. (2007-2008)



As Amends the Law Today


SECTION 1.
 This act shall be known, and may be cited, as the Voter Identification Act.
SEC. 2.
 The Legislature finds and declares all of the following:
(a) The right to vote is one of our most important and fundamental rights, and the State of California has a special and compelling interest in safeguarding each and every vote from abuse or fraud.
(b) Current law does not require any proof of identity to be presented at the time of voting in person at the polling place or by absentee ballot.
(c) To deter potential voter fraud and ensure the right of citizens to vote, it is necessary that poll workers verify the identity of each person desiring to vote to ensure that the person actually casting a ballot is the person entitled to vote.

SEC. 3.

 Section 14218.3 is added to the Elections Code, to read:

14218.3.
 (a) Any eligible citizen who desires to vote in person at a polling place shall present proof of his or her identity to a member of the precinct board at the time of voting. Any one of the following forms of currently valid picture identification may be used:
(1) A California driver’s license.
(2) A California identification card.
(3) A United States military identification card.
(4) A United States passport.
(5) A tribal enrollment card or other form of tribal identification.
(6) A United States federal, state, or local government issued identification.
(b) A precinct board member shall visually confirm the photograph and signature of the person desiring to vote, and shall record the identifying number, if any, and the form of identification presented in the roster of voters.
(c) Any violation or attempted violation of subdivision (a) shall constitute fraud pursuant to Section 18500.
(d) Any voter desiring to vote in person who is unable to present one of the forms of valid picture identification listed in subdivision (a) shall be entitled to vote a provisional ballot. Any voter casting a provisional ballot pursuant to this subdivision shall provide valid picture identification to the county registrar of voters within five business days of voting.
(e) The requirement to present valid picture identification when voting shall be prominently printed on all sample ballots near the location where the voter’s polling place is indicated.
(f) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
SEC. 4.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other 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.