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AB-1862 Voter registration.(2007-2008)



Current Version: 03/04/08 - Amended Assembly

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AB1862:v98#DOCUMENT

Amended  IN  Assembly  March 04, 2008

CALIFORNIA LEGISLATURE— 2007–2008 REGULAR SESSION

Assembly Bill
No. 1862

Introduced  by  Assembly Member Benoit
 (Coauthor(s): Assembly Member DeVore, Huff, Maze)
 (Coauthor(s): Senator Hollingsworth, Runner)

January 31, 2008

An act to amend Sections 2224 and 2226 of the Elections Code, relating to voter registration.


LEGISLATIVE COUNSEL'S DIGEST


AB 1862, as amended, Benoit. Voter registration.
(1) Existing law authorizes a county elections official, if a voter has not voted in any election within the preceding 4 years, and the residence, address, name, or party affiliation of the voter has not been updated during that time, to send an alternate residency confirmation postcard that describes the alternate residency procedure. If a county uses the alternate residency confirmation procedure, the county is required to notify all voters of the procedure in the sample ballot pamphlet or in a separate mailing. A voter in that county is also given the opportunity to vote at a statewide primary or general election between the date of the notice and the beginning of the alternate residency procedure.
This bill, the “Reliable Voter Rolls Act,” would instead require a county elections official, if a voter has not voted in any election within the preceding 4 years, and the residence, address, name, or party affiliation of the voter has not been updated during that time, to send an alternate residency confirmation postcard that describes the alternate residency procedure. By requiring a higher level of service from local agencies, the bill would impose a state-mandated local program. The bill would delete provisions that require the county to notify all voters of the procedure in the sample ballot pamphlet or in a separate mailing and provisions that give a voter in the county the opportunity to vote at a statewide primary or general election between the date of the notice and the beginning of the alternate residency procedure.
(2) Existing law authorizes a county elections official to cancel the voter registration of a voter whose name has been placed on the inactive file of registered voters for failure to respond to a confirmation mailing or an address verification mailing and who does not offer to vote or vote at any election between the date of the mailing and 2 federal general elections after the date of that mailing. Under existing law, when a voter whose name has been placed on the inactive file of registered voters and offers to vote at any election between the date of the verification notice and 2 federal general elections after the date of the notice, or who notifies the elections official of continued residency, the name of the voter is placed on the active voter file.
The bill would instead require a county elections official to place the name of a voter on the inactive file of registered voters when the voter fails to respond to a confirmation mailing or an address verification mailing and who does not offer to vote or vote at any election between the date of the mailing and the next federal election at least one year after the date of the mailing. The bill would require the county elections official to place the name of the voter on the inactive file within 6 months of that federal election. The bill would require a voter whose name has been placed on the inactive file of registered voters and who offers to vote at any election, or who notifies the elections official of a continued residency, to be placed on the active voter file. The bill would also require the county elections official to place the name of the voter on the inactive file if the information received pursuant to specified statutory provisions or change-of-address information provided directly by the voter indicates the voter has moved to a new address in another county, if the mailings have been returned as undeliverable, or if the voter fails to confirm his or her address.
(3) 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 these statutory provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 This act shall be known and may be cited as the “Reliable Voter Rolls Act.”

SECTION 1.SEC. 2.

 Section 2224 of the Elections Code is amended to read:

2224.
 (a) On or before July 1, 2009, and every July 1 thereafter, if a voter has not voted in any election within the preceding four years, and his or her residence address, name, or party affiliation had not been updated during that time, the county elections official shall send an alternate residency confirmation postcard. The use of this postcard may be sent subsequent to NCOA or sample ballot returns, but shall not be used in the residency confirmation process conducted under Section 2220. The postcard shall be forwardable, including a postage-paid and preaddressed return form to enable the voter to verify or correct the address information, and shall be in substantially the following form:
“If the person named on the postcard is not at this address, PLEASE help keep the voter rolls current and save taxpayer dollars by returning this postcard to your mail carrier.”
“IMPORTANT NOTICE”
“According to our records you have not voted in any election during the past four years, which may indicate that you no longer reside in ____ County. If you continue to reside in this county you must confirm your residency address in order to remain on the active voter list and receive election materials in the mail.”
“If confirmation has not been received within 15 days, you may be required to provide proof of your residence address in order to vote at future elections and, if you do not appear or offer to vote at any election in the period from the date of this notice to the date of the next federal election that is at least one year after the date of this notice, your voter registration will be placed on an inactive file. If you no longer live in ____ County, you must reregister at your new residence address in order to vote in the next election. California residents may obtain a mail registration form by calling the county elections office or the Secretary of State’s Office.”
(b) The use of a toll-free number to confirm the old residence address is optional. Any change to a voter’s address shall be received in writing.

SEC. 2.SEC. 3.

 Section 2226 of the Elections Code is amended to read:

2226.
 (a) Based on change-of-address information received pursuant to Sections 2220 to 2225, inclusive, or change-of-address information provided directly by the voter, the county elections official shall take the following actions as appropriate:
(1) If the information indicates the voter has moved to a new address within the same county, the county elections official shall update and correct the voter’s registration.
(2) If the information indicates the voter has moved to a new address in another county, if the mailings have been returned as undeliverable, or if the voter fails to confirm his or her address as required by Section 2224, the county elections official may shall place the voter’s name on the inactive file of registered voters who do not receive election materials and are not included in calculations to determine the number of signatures required for qualification of candidates and measures, precinct size, or other election administration related processes.
(3) If the voter verifies in writing that he or she has moved to a residence address in another county, the county elections official shall cancel the voter registration in the county from which the voter has moved.
(b) When any voter fails to respond to a confirmation mailing as required by Section 2224 or an address verification mailing required by Section 2225, and does not offer to vote or vote at any election from the date of the mailing to the next federal election that is at least one year after the date of that mailing, the name of the voter shall be placed on the inactive file of registered voters within six months of the federal election.
(c) Any voter whose name has been placed on the inactive file of registered voters and offers to vote at any election, or who notifies the elections official of a continued residency, shall be removed from the inactive file and placed on the active voter file.
(d) All address corrections, cancellations, and inactive transactions made to the voter registration file pursuant to this section shall be reflected on the voter index as required by Section 2191.

SEC. 3.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.