Today's Law As Amended

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SB-113 Elections: voter registration.(2013-2014)



SECTION 1.

 Section 2102 of the Elections Code, as amended by Section 2 of Chapter 364 of the Statutes of 2009, is amended to read:

2102.
 (a) Except as provided in Chapter 4.5, a  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  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 paragraph  (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 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 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. 1.5.

 Section 2102 of the Elections Code, as amended by Section 2 of Chapter 364 of the Statutes of 2009, is amended to read:

2102.
 (a) Except as provided in Chapter 4.5, a  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  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 1973gg  et seq.) 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 (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  prior to  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  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 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.

SEC. 2.

 Section 2106 of the Elections Code, as amended by Section 3 of Chapter 364 of the Statutes of 2009, 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  in  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  in  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.

SEC. 3.

 Section 2150 of the Elections Code, as amended by Chapter 364 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 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 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 person shall not be denied the right to register because of 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 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 he or she is at least 16 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, 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 his or her name and the date of signing. If the affiant is unable to write, 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 his or her ethnicity or race, or both. An affiant shall not be denied the ability to register because he or she declines to state 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.

 Section 2155.3 is added to the Elections Code, to read:

2155.3.
 (a) In lieu of the voter notification required by Section 2155, a person under 18 years of age who submits an affidavit of registration pursuant to Section 2101 or subdivision (d) of Section 2102, as amended by the act adding this section shall be sent a voter preregistration notice upon a determination that the affidavit of registration is properly executed and that the person otherwise satisfies all eligibility requirements to vote, except that he or she is under 18 years of age. The county elections official shall send the voter preregistration notice by nonforwardable, first-class mail, address correction requested.
(b) The voter preregistration notice required by subdivision (a) shall be substantially in the following form:

VOTER PREREGISTRATION NOTICE

Thank you for registering to vote. You may vote in any election held on or after your 18th birthday.
Your party preference is: (Name of political party)
Before any election in which you are eligible to vote, you will receive a sample ballot and voter pamphlet by mail.
If the information on this card is incorrect, please contact our office or update your registration at the Internet Web site of the Secretary of State.

SEC. 5.

 Section 2156 of the Elections Code is amended to read:

2156.
 The Secretary of State shall print, or cause to be printed, the blank forms of the voter notification prescribed by Section 2155 and the voter preregistration notice prescribed by Section 2155.3. The Secretary of State shall supply the forms to the county elections official in quantities and at times requested by the county elections official. The Secretary of State may continue to supply, and the county elections officials may continue to use, existing forms prior to printing new or revised forms as required by any changes to Section 2155 or 2155.3.

SEC. 6.

 Section 2205 of the Elections Code, as amended by Section 5 of Chapter 364 of the Statutes of 2009, 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 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. 7.

 Section 2220 of the Elections Code is amended to read:

2220.
 (a) The county elections official shall conduct a preelection residency confirmation procedure as provided in this article. This procedure shall be completed by the 90th day immediately prior to the primary election. The procedure shall be initiated by mailing a nonforwardable postcard to each registered voter of the county preceding the direct primary election. Postcards mailed pursuant to this article shall be sent “Address Correction Requested, Return Postage Guaranteed,” and shall be in substantially the following form:
“We are requesting your assistance in correcting the addresses of voters who have moved and have not reregistered.
“1. If you still live at the address noted on this postcard, your voter registration will remain in effect and you may disregard this notice.
“2. If the person named on this postcard is not at this address, please return this postcard to your mail carrier.”
(b) The county elections official, at his or her discretion, shall not be required to mail a residency confirmation postcard pursuant to subdivision (a) to any voter who has voted at an election held within the last six months preceding the start of the confirmation procedure or to any person under 18 years of age who has submitted a properly executed affidavit of registration pursuant to subdivision (d) of Section 2102 and who will not be 18 years of age on or before the primary election.
SEC. 8.
 Sections 4, 5, and 7 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. 9.
 Section 1.5 of this bill incorporates amendments to Section 2102 of the Elections Code proposed by both this bill and AB 2562. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2015, (2) each bill amends Section 2102 of the Elections Code, and (3) this bill is enacted after AB 2562, in which case Section 1 of this bill shall not become operative.
SEC. 10.
 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.