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SB-1434 Voter registration: incomplete affidavits: rebuttable presumptions.(2009-2010)

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Enrolled  August 10, 2010
Passed  IN  Senate  August 09, 2010
Passed  IN  Assembly  July 01, 2010
Amended  IN  Assembly  June 24, 2010

CALIFORNIA LEGISLATURE— 2009–2010 REGULAR SESSION

Senate Bill
No. 1434

Introduced  by  Senator Price

February 19, 2010

An act to amend Sections 2153 and 2154 of the Elections Code, relating to voter registration.


LEGISLATIVE COUNSEL'S DIGEST


SB 1434, Price. Voter registration: incomplete affidavits: rebuttable presumptions.
Under existing law, when a county elections official receives an affidavit of voter registration that does not include all required information, but the telephone number of the affiant is legibly included, that official is required to telephone the affiant to collect the missing information.
This bill would alternatively permit the county elections official to contact the affiant by e-mail, if the e-mail address is legibly provided on the affidavit.
Additionally, under existing law, when a county elections official receives an affidavit of voter registration that does not include portions of information for which space is provided, the county elections official is required to apply several rebuttable presumptions. Those presumptions include a presumption that if the affiant fails to list a middle name or initial then no middle name exists, and if the affiant fails to list a state of birth within the United States then it is presumed that the place of birth is in the United States if the affiant lists his or her birthplace as the United States, U.S.A., or other recognizable term designating the United States.
This bill would provide that if an affiant fails to identify his or her place of birth, the county elections official shall apply a rebuttable presumption that the affiant is eligible to register to vote if the affiant marked the box on the affidavit of registration, executed under penalty of perjury, that the affiant is a citizen of the United States.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 2153 of the Elections Code is amended to read:

2153.
 (a) Except as provided in Section 2154, the affidavit of registration shall show all the facts required to be stated.
(b) If the affidavit does not contain all of the information required, but the telephone number or the e-mail address of the affiant is legible, the county elections official shall telephone or e-mail the affiant and attempt to collect the missing information.
(c) If the affidavit does not contain all of the information required, and the county elections official is not able to collect the missing information by telephone or e-mail, but the mailing address of the affiant is legible, the county elections official shall inform the affiant of the reason for rejection and shall send to the affiant a new voter registration card.

SEC. 2.

 Section 2154 of the Elections Code, as amended by Section 11 of Chapter 1 of the Statutes of 2009, is amended to read:

2154.
 In the event that the county elections official receives an affidavit of registration that does not include portions of the information for which space is provided, the county elections official voters shall apply the following rebuttable presumptions:
(a) If no middle name or initial is shown, it shall be presumed that none exists.
(b) If no party preference is shown, it shall be presumed that the affiant has chosen the “No Party Preference” designation.
(c) If no execution date is shown, it shall be presumed that the affidavit was executed on or before the 15th day prior to the election, provided that (1) the affidavit is received by the county elections official on or before the 15th day prior to the election, or (2) the affidavit is postmarked on or before the 15th day prior to the election and received by mail by the county elections official.
(d) If the affiant fails to identify his or her state of birth within the United States, it shall be presumed that the affiant was born in a state or territory of the United States if the birthplace of the affiant is shown as “United States,” “U.S.A.,” or other recognizable term designating the United States.
(e) If the affiant fails to identify his or her place of birth, it shall be presumed that the affiant is eligible to register to vote if he or she marked the box on the affidavit of registration, executed under penalty of perjury, that he or she is a citizen of the United States.