Today's Law As Amended


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SB-465 Voter identification: proof of identity.(2009-2010)



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 a vote by mail 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) An 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 that satisfies all of the following requirements:
(1) The proof of identity contains the name of the citizen and that name matches the name in the voter index.
(2) The proof of identity contains a photograph of the citizen.
(3) The proof of identity contains an expiration date and that date has not yet passed or passed after the date of the last general election.
(4) The proof of identity was issued by the United States or the State of California or is a tribal enrollment card or other form of tribal identification issued by a tribal government.
(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) A voter desiring to vote in person who is unable to present one of the forms of valid proof of identification listed in subdivision (a) shall be entitled to vote a provisional ballot. A voter casting a provisional ballot pursuant to this subdivision shall provide valid proof of identification to the county registrar of voters within five business days of voting a provisional ballot.
(d) The requirement to present valid proof of identification when voting shall be prominently printed on all sample ballots near the location where the voter’s polling place is indicated.
(e) 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.
 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.