Today's Law As Amended


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AB-30 Elections: voter registration.(2009-2010)



As Amends the Law Today


SECTION 1.

 Section 100 of the Elections Code is amended to read:

100.
 (a) Notwithstanding any other provision of law, whenever an initiative, referendum, recall, nominating petition or paper, or any other petition or paper, is required to be signed by voters of a county, city, school district, or special district subject to petitioning, only a person who is an eligible registered voter at the time of signing the petition or paper is entitled to sign the petition or paper. A person who submits his or her affidavit of registration pursuant to subdivision (d) of Section 2102 is not eligible to sign a petition or paper unless at the time of the signing of the petition or paper he or she is 18 years of age.
(b) A signer shall at the time of signing the petition or paper personally affix his or her signature, printed name, and place of residence, including the street and number of the place of residence, and if no street or number for the place of residence exists, then a designation of the place of residence that will enable the location to be readily ascertained. An incomplete or inaccurate apartment or unit number in the signer’s residence address shall not invalidate his or her signature pursuant to Section 105.  A space at least one inch wide shall be left blank after each name for the use of the elections official in verifying the petition or paper.
(c) The part of a petition for the signatures, printed names, and residence addresses of the voters and for the blank spaces for verification purposes shall be numbered consecutively commencing with the number one and continuing through the number of signature spaces allotted to each section. The petition format shall be substantially in the following form:





Official
Use
Only

(Print Name)

 
 1.
(Signature)

 

(Residence Address
ONLY)
 
 
(City)

 
 

(Print Name)

 
 2.
(Signature)
 

(Residence Address
ONLY)
 
 
(City)
 
 
Official
Use
Only

(Print Name)

 1.
(Signature)


(Residence Address
ONLY)
 
(City)


(Print Name)

 2.
(Signature)

(Residence Address
ONLY)
 
(City)

SEC. 2.

 Section 2102 of the Elections Code is amended to read:

2102.
 (a) Except as provided in Chapter 4.5, a person shall A person may  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  prior to  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  prior to  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 (42  U.S.C. Sec. 20501 et seq.)  1973gg)  on or before the 15th day before  prior to  the election.
(3) The affidavit is delivered to the county elections official by means other than those described in paragraphs (1) and or  (2) on or before the 15th day before  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 before the election.
(b) For purposes of verifying a signature  signatures  on a recall, initiative, or referendum petition or a signature  signatures  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  prior to  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 provision of  law to the contrary, the affidavit of registration required under this chapter shall may  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 17  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.

SEC. 3.

 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  shall, with respect to a  printed literature or media announcements announcement  made in connection with the program:  these programs, contain this statement:  “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 in prison or on 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 that person  he or she  is a United States citizen, a resident of California, not currently imprisoned in a state or federal prison in prison or on parole  for the conviction of a felony, and at least 16 17  years of age.” A county elections official may continue to use existing materials before  prior to  printing new or revised materials required by any changes to this section.  

SEC. 4.

 Section 2150 of the Elections Code, as amended by Chapter 508 of the Statutes of 2007, 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 person’s  his or her  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.” Miss, Ms., Mrs., or Mr.  A person shall not be denied the right to register because of that person’s  his or her  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 e-mail  address, if furnished. A No  person shall not  be denied the right to register because of the person’s  his or her  failure to furnish a telephone number or email e-mail  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  he or she  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  he or she  is at least 16 17  years of age.  
(6) The state or country of the affiant’s birth.
(7) (A) In the case of an affiant applicant  who has been issued a current and valid driver’s license, the affiant’s applicant’s  driver’s license number.
(B) In the case of any other affiant, applicant,  other than an affiant applicant  to whom subparagraph (C) applies, the last four digits of the affiant’s applicant’s  social security number.
(C) If a  an applicant for  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 applicant  a number that will serve to identify the affiant applicant  for voter registration purposes. If the  To the extent that the  state has a computerized list in effect under this paragraph subdivision  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. affiliation. 
(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  intending to affiliate with  another party. If the affiant has been so registered, the affiant  he or she  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 truth  and correctness, under penalty of perjury, with the signature of the affiant’s  his or her  name and the date of signing. If the affiant is unable to write, the affiant  write he or she  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  his or her  ethnicity or race, or both. An affiant shall may  not be denied the ability to register because the affiant  he or she  declines to state the affiant’s  his or her  ethnicity or race.
(d) If a person  person, including a deputy registrar,  assists the affiant in completing the affidavit of registration,  affidavit,  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  prior to  printing new or revised forms that reflect the changes made to this section by Chapter 508 of the Statutes of 2007. the act that added this subdivision. 

SEC. 4.5.

 Section 2150 of the Elections Code, as amended by Chapter 1 of the Statutes of 2009, 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 person’s  his or her  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.” Miss, Ms., Mrs., or Mr.  A person shall not be denied the right to register because of that person’s  his or her  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 e-mail  address, if furnished. A No  person shall not  be denied the right to register because of the person’s  his or her  failure to furnish a telephone number or email e-mail  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  he or she  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  he or she  is at least 16 17  years of age.
(6) The state or country of the affiant’s birth.
(7) (A) In the case of an affiant applicant  who has been issued a current and valid driver’s license, the affiant’s applicant’s  driver’s license number.
(B) In the case of any other affiant, applicant,  other than an affiant applicant  to whom subparagraph (C) applies, the last four digits of the affiant’s applicant’s  social security number.
(C) If a  an applicant for  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 applicant  a number that will serve to identify the affiant applicant  for voter registration purposes. If the  To the extent that the  state has a computerized list in effect under this paragraph subdivision  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  he or she  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 truth  and correctness, under penalty of perjury, with the signature of the affiant’s  his or her  name and the date of signing. If the affiant is unable to write, the affiant  write he or she  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  his or her  ethnicity or race, or both. An affiant shall may  not be denied the ability to register because the affiant  he or she  declines to state the affiant’s  his or her  ethnicity or race.
(d) If a person  person, including a deputy registrar,  assists the affiant in completing the affidavit of registration,  affidavit,  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  prior to  printing new or revised forms that reflect the changes made to this section by Chapter 508 of the Statutes of 2007. the act that added this subdivision. 

SEC. 5.

 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 16 17  years of age and over, whose deaths were registered with him or her or of whose deaths he or she 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. 6.
 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.
SEC. 7.
 Sections 1 to 6, inclusive, of this bill shall become operative only if the Secretary of State certifies that the state has a statewide voter registration database that complies with the requirements of the federal Help America Vote Act of 2002 (42 U.S.C. Sec. 15301 et seq.).
SEC. 8.
 Section 4.5 of this bill incorporates amendments to Section 2150 of the Elections Code proposed by both this bill and SB 6. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, but this bill becomes operative first, (2) each bill amends Section 2150 of the Elections Code, and (3) this bill is enacted after SB 6, in which case Section 2150 of the Elections Code, as amended by Section 4 of this bill, shall remain operative only until the operative date of SB 6, at which time Section 4.5 of this bill shall become operative.