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AB-1595 Elections: eligibility to vote.(2023-2024)

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Date Published: 04/12/2023 09:00 PM
AB1595:v98#DOCUMENT

Revised  April 19, 2023
Amended  IN  Assembly  April 12, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1595

Introduced by Assembly Member Bryan
(Coauthor: Assembly Member Lee)

February 17, 2023

An act to amend Sections 2101, 2105.7, 2106, 2150, 2201, 2300, and 15105 of, to add Section 2105.9 to, and to repeal Section 2212 of, the Elections Code, relating to elections.


LEGISLATIVE COUNSEL'S DIGEST


AB 1595, as amended, Bryan. Elections: eligibility to vote.
The California Constitution requires the Legislature to provide for the disqualification of electors while serving a state or federal prison term for the conviction of a felony. ACA ____ 4 of the 2023–24 Regular Session, if approved by the voters, would repeal that requirement, thereby authorizing an otherwise qualified elector serving a state or federal prison term for the conviction of a felony to vote.
This bill would remove statutory references to the disqualification of electors while serving a state or federal prison term for the conviction of a felony felony, would allow an elector currently serving in a state or federal prison to vote based on their last voluntary residence in the state, would require an elections official to provide the incarcerated elector with the voting materials required to be sent to a vote by mail voter to the location where the elector is incarcerated, and would make other conforming changes.
By imposing new duties on local officers, this bill would impose a state-mandated local program.
This bill would become operative only if ACA ____ 4 of the 2023–24 Regular Session is approved by the voters and takes effect.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NOYES  

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


SECTION 1.

 Section 2101 of the Elections Code is amended to read:

2101.
 (a) A person entitled to register to vote shall be a United States citizen, a resident of California, and at least 18 years of age at the time of the next election.
(b) A person entitled to preregister to vote in an election shall be a United States citizen, a resident of California, and at least 16 years of age.

SEC. 2.

 Section 2105.7 of the Elections Code is amended to read:

2105.7.
 (a) A state or local juvenile detention facility, including, but not limited to, a juvenile hall, juvenile ranch, juvenile camp, or a facility of the Department of Corrections and Rehabilitation, Division of Juvenile Justice, shall do all of the following:
(1) Identify each individual housed in the facility who is of age to register to vote.
(2) Provide an affidavit of registration to each individual housed in the facility who is of age to register to vote by doing either of the following:
(A) Providing the individual a paper affidavit of registration.
(B) Directing the individual to an affidavit of registration provided on the internet website of the Secretary of State.
(3) Assist each individual housed in the facility who is of age to register to vote with the completion of the affidavit of registration, unless the individual declines assistance.
(b) A facility providing paper affidavits of registration pursuant to subdivision (a) shall do either of the following:
(1) Assist the individual who completed the voter registration card in returning the completed card to the county elections official.
(2) Accept any completed voter registration card and transmit the card to the county elections official.

SEC. 3.

 Section 2105.9 is added to the Elections Code, to read:

2105.9.
 (a) Notwithstanding any other provision of law, a person incarcerated in a state or federal prison shall retain the right to vote by mail during their incarceration in any election in which the person would be eligible to vote based on the person’s last voluntary residence provided the person otherwise fulfills all voting requirements.
(b) For purposes of this section, the term “voluntary residence” means the incarcerated person’s last legal residence in the state before their conviction of the crime for which they are incarcerated. A person sentenced to the custody of the state or federal government shall not use the place of their incarceration as their place of residence for the purpose of qualifying to vote.
(c) The elections official charged with the duty of conducting an election at the incarcerated person’s voluntary residence shall provide all materials required to be provided to a vote by mail voter by this code, in the same time period required by this code, to the incarcerated person at their location of incarceration as provided by the incarcerated person to the elections official.
(d) This section shall not apply to an individual whose last legal residence immediately before their conviction was outside of the state.

SEC. 3.SEC. 4.

 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 printed literature or media announcements made in connection with the program: “A person entitled to register to vote must be a United States citizen, a resident of California, and at least 18 years of age at the time of the election. A person may preregister to vote if that person is a United States citizen, a resident of California, 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. 4.SEC. 5.

 Section 2150 of the Elections Code 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 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.” A person shall not be denied the right to register because of that person’s failure to mark a prefix to the given name and shall be so advised on the voter registration card. This paragraph 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 address, if furnished. A person shall not be denied the right to register because of the person’s failure to furnish a telephone number or email 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 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 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 who has been issued a current and valid driver’s license, the affiant’s driver’s license number.
(B) In the case of any other affiant, other than an affiant to whom subparagraph (C) applies, the last four digits of the affiant’s social security number.
(C) If a 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 a number that will serve to identify the affiant for voter registration purposes. If the state has a computerized list in effect under this paragraph 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) 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 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 and correctness, under penalty of perjury, with the signature of the affiant’s name and the date of signing. If the affiant is unable to write, the affiant 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 ethnicity or race, or both. An affiant shall not be denied the ability to register because the affiant declines to state the affiant’s ethnicity or race.
(d) If a person assists the affiant in completing the affidavit of registration, that person shall sign and date the affidavit below the signature of the affiant.
(e) The Secretary of State may continue to supply existing affidavits of registration to county elections officials before printing new or revised forms that reflect the changes made to this section by Chapter 508 of the Statutes of 2007.

SEC. 5.SEC. 6.

 Section 2201 of the Elections Code, as added by Section 2 of Chapter 807 of the Statutes of 2022, is amended to read:

2201.
 (a) The county elections official shall cancel the registration in the following cases:
(1) At the signed, written request of the person registered.
(2) When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211.
(3) Upon the production of a certified copy of a judgment directing the cancellation to be made.
(4) Upon the death of the person registered.
(5) Pursuant to Article 2 (commencing with Section 2220).
(6) Upon official notification that the voter is registered to vote in another state.
(7) Upon proof that the person is otherwise ineligible to vote.
(b) The Secretary of State may cancel the registration in the following cases:
(1) When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211.
(2) Upon the death of the person registered.
(c) (1) Between 15 and 30 days, inclusive, before canceling a person’s registration for the reasons specified in paragraphs (2), (4), or (5) of subdivision (a), the county elections official shall send a forwardable notice by first-class mail, including a postage-paid and preaddressed return form, to the person.
(A) The notice shall be provided in the person’s preferred language if the county is required to provide translated ballots in that language pursuant to Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).
(B) The notice shall include a statement substantially similar to the following:
“IMPORTANT NOTICE. Your voter registration record is scheduled to be canceled on [date]. This cancellation is due to information the [county name] County elections office has received indicating your ineligibility to vote in that county due to a change of residence, death, or mental incapacity to vote pursuant to Sections 2208, 2209, 2210, or 2211 of the California Elections Code, as applicable.
If you believe this cancellation is an error, please notify our office within 15 days from the date of this notice either by returning the attached postage-paid postcard or by calling [county elections office phone number] toll free.
If we do not receive your response to this notice, you may be required to reregister to vote in the next election or to vote using a provisional ballot. You can find more information about voter eligibility rules on the Secretary of State’s internet website at [URL] or voter hotline at [phone numbers]. You can also check your current registration status at [URL].”
(2) The return form described in paragraph (1) shall include all of the following:
(A) Space for the voter to provide their current place of residence.
(B) Space for the voter to provide their current mailing address, if different from the place of residence.
(C) Space for the voter to provide their signature and the date.
(3) The elections official may send additional written notices to a voter, and may also notify the voter in person, by telephone or email, or by other means of the planned registration cancellation.
(d) This section shall become operative on January 1, 2024.

SEC. 6.SEC. 7.

 Section 2212 of the Elections Code is repealed.

SEC. 7.SEC. 8.

 Section 2300 of the Elections Code is amended to read:

2300.
 (a) All voters, pursuant to the California Constitution and this code, shall be citizens of the United States. There shall be a Voter Bill of Rights for voters, available to the public, which shall convey all of the following to voters:
(1) (A) You have the right to cast a ballot if you are a valid registered voter.
(B) A valid registered voter means a United States citizen who is a resident in this state, at least 18 years of age, and registered to vote at their current residence address.
(2) You have the right to cast a provisional ballot if your name is not listed on the voting rolls.
(3) You have the right to cast a ballot if you are present and in line at the polling place before the close of the polls.
(4) You have the right to cast a secret ballot free from intimidation.
(5) (A) You have the right to receive a new ballot if, before casting your ballot, you believe you made a mistake.
(B) If at any time before you finally cast your ballot, you feel you have made a mistake, you have the right to exchange the spoiled ballot for a new ballot. Vote by mail voters may also request and receive a new ballot if they return their spoiled ballot to an elections official before the closing of the polls.
(6) You have the right to receive assistance in casting your ballot, if you are unable to vote without assistance.
(7) You have the right to return a completed vote by mail ballot to any precinct in the county.
(8) You have the right to election materials in another language, if there are sufficient residents in your precinct to warrant production.
(9) (A) You have the right to ask questions about election procedures and observe the election process.
(B) You have the right to ask questions of the precinct board and elections officials regarding election procedures and to receive an answer or be directed to the appropriate official for an answer. However, if persistent questioning disrupts the execution of their duties, the precinct board or elections officials may discontinue responding to questions.
(10) You have the right to report any illegal or fraudulent activity to a local elections official or to the Secretary of State’s office.
(b) Beneath the Voter Bill of Rights there shall be listed a toll-free telephone number to call if a person has been denied a voting right or to report election fraud or misconduct.
(c) The Secretary of State may do both of the following:
(1) Develop regulations to implement and clarify the Voter Bill of Rights set forth in subdivision (a).
(2) Revise the wording of the Voter Bill of Rights as necessary to ensure the use of clear and concise language free from technical terms.
(d) The Voter Bill of Rights set forth in subdivisions (a) and (b) shall be made available to the public before each election and on election day, at a minimum, as follows:
(1) The Voter Bill of Rights shall be printed in the state voter information guide, pursuant to Section 9084, in a minimum of 12-point type. Subparagraph (B) of paragraph (1) of subdivision (a), subparagraph (B) of paragraph (5) of subdivision (a), and subparagraph (B) of paragraph (9) of subdivision (a) may be printed in a smaller point type than the rest of the Voter Bill of Rights.
(2) Posters or other printed materials containing the Voter Bill of Rights shall be included in precinct supplies pursuant to Section 14105.

SEC. 8.SEC. 9.

 Section 15105 of the Elections Code is amended to read:

15105.
 Challenges to a vote by mail voter may be made for the same reasons as those made against a voter voting at a polling place. In addition, a challenge may be entered on the grounds that the ballot was not received within the time provided by this code. All challenges shall be made prior to the opening of the identification envelope of the challenged vote by mail voter.

SEC. 9.SEC. 10.

 This act shall become operative only if Assembly Constitutional Amendment ____ 4 of the 2023–24 Regular Session is approved by the voters and takes effect.

SEC. 11.

 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.
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REVISIONS:
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