Today's Law As Amended


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AB-391 Voter registration: conditional voter registration.(2015-2016)



As Amends the Law Today


SECTION 1.

 Section 2170 of the Elections Code is amended to read:

2170.
 (a) “Conditional voter registration” means a properly executed affidavit of registration that registration, which  is delivered by the registrant to the a  county elections official during the 14 days immediately preceding an election or on election day and which may be deemed effective pursuant to this article after the elections official processes the affidavit, determines the registrant’s eligibility to register, and validates the registrant’s information, as specified in subdivision (c).
(b) In addition to other methods of voter registration provided by this code, an elector who is otherwise qualified to register to vote under this code and Section 2 of Article II of the California Constitution may complete a conditional voter registration and cast a provisional ballot, or nonprovisional ballot under subdivision (f),  ballot  during the 14 days immediately preceding an election or on election day pursuant to this article.
(c) (1) A conditional voter registration shall be deemed effective if the county elections official is able to determine before or during the canvass period for the election that the registrant is eligible to register to vote and that the information provided by the registrant on the registration affidavit matches information contained in a database maintained by the Department of Motor Vehicles or the federal Social Security Administration.
(2) If the information provided by the registrant on the registration affidavit cannot be verified pursuant to paragraph (1) but the registrant is otherwise eligible to vote, the registrant shall be issued a unique identification number pursuant to Section 2150 and the conditional voter registration shall be deemed effective.
(3) In order for a conditional voter registration to be deemed effective as described in paragraph (2), the registrant shall provide proof of residence pursuant to subdivision (a) of Section 2170.5.
(d) The county elections official shall offer conditional voter registration and provisional  voting pursuant to this article, in accordance with all of  the following procedures:
(1) The county  elections official shall provide conditional voter registration and provisional  voting pursuant to this article at all permanent and satellite  offices of the county elections official and all polling places  in the county.
(2) The county  elections official shall advise registrants that a conditional voter registration will be effective only if the registrant is determined to be eligible to register to vote for the election and the information provided by the registrant on the registration affidavit is verified pursuant to subdivision (c).
(3) The county  elections official shall conduct the receipt and handling of each conditional voter registration and offer and receive a corresponding provisional  ballot in a manner that protects the secrecy of the ballot and allows the county  elections official to process the registration, to  determine the registrant’s eligibility to register, and to  validate the registrant’s information before counting or rejecting the corresponding provisional  ballot.
(4) After receiving a conditional voter registration, the county  elections official shall process the registration, determine the registrant’s eligibility to register, and attempt to validate the registrant’s  information.
(5) If a conditional registration is deemed effective, the county  elections official shall include the corresponding provisional  ballot in the official canvass.
(e) After receiving a conditional voter registration, the elections official shall provide a provisional ballot  The county elections official may offer conditional voter registration and provisional voting pursuant to this article on election day at satellite offices of the county elections office,  in accordance with the following procedures: procedures specified in paragraphs (2) to (5), inclusive, of subdivision (d). 
(1) If the elections office, satellite office, or polling place is equipped with an electronic poll book, or other means to determine the voter’s precinct, the elections official shall provide the voter with a ballot for the voter’s precinct if the ballot is available. The ballot may be cast by any means available at the elections office, satellite office, or polling place.
(2) If the elections official is unable to determine the voter’s precinct, or a ballot for the voter’s precinct is unavailable, the elections official shall provide the voter with a ballot and inform the voter that only the votes for the candidates and measures on which the voter would be entitled to vote in the voter’s assigned precinct may be counted pursuant to paragraph (3) of subdivision (c) of Section 14310. The ballot may be cast by any means available at the elections office, satellite office, or polling place.
(3) Notwithstanding paragraph (2), if the elections official is able to determine the voter’s precinct, but a ballot for the voter’s precinct is unavailable, the elections official may inform the voter of the location of the voter’s polling place. A voter described in this paragraph shall not be required to vote at the voter’s polling place and may instead, at the voter’s choosing, cast a ballot pursuant to paragraph (2).
(4) This subdivision does not apply to elections conducted pursuant to Section 4005 or 4007.
(f) An elections official may offer a nonprovisional ballot to a registrant if the official does both of the following:
(1) Uses the statewide voter registration database developed in compliance with the requirements of the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.) to do all of the following before issuing the nonprovisional ballot:
(A) Verify that the registrant is deemed eligible to register to vote.
(B) Verify that the registrant has not voted in the state in that election.
(C) Verify that the registrant has not been included on a roster for that election in another county in the state that is not conducting elections pursuant to Section 4005.
(D) Update the voter’s record to indicate that the voter has voted in that election.
(2) If the registrant has been included on a roster for that election in that county, the official updates that roster to indicate that the voter has voted and shall not be issued another nonprovisional ballot for that election.

SEC. 2.

 Section 2170.5 is added to the Elections Code, to read:

2170.5.
 (a) A person who completes a conditional voter registration pursuant to this article shall provide proof of residence in order to register to vote during the 14 days immediately preceding an election or on election day. Proof of residence shall include any of the following:
(1) A valid California driver’s license, driver’s instruction permit, or identification card.
(2) A valid student identification card with an identifying photograph.
(3) A tribal identification card with an identifying photograph and signature.
(4) Photo identification, which may include a driver’s license, state identification card, passport, military identification card, tribal identification card, or student identification card, and a current bill identifying the name and address of the registrant, which may include a utility bill due within 30 days of election day, a rent statement dated within 30 days of election day, or a current student fee statement.
(b) If a conditional voter registration is not deemed effective pursuant to this article, the elections official shall process the affidavit of registration pursuant to Sections 2102 and 2107 and, if the registrant meets all other eligibility requirements to register to vote, the registration shall be deemed effective in forthcoming elections.
SEC. 3.
 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.