ARTICLE 4. Forms [2150 - 2168]
( Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )
(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 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 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) That the affiant is currently not imprisoned 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, 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.
(Amended by Stats. 2022, Ch. 14, Sec. 1. (SB 504) Effective March 31, 2022.)
(a) At the time of registering and of transferring registration, an elector may disclose the name of the political party that he or she prefers. The name of that political party shall be stated in the affidavit of registration and the index.
(b) (1) The voter registration card shall inform the affiant that an elector may
decline to disclose a political party preference, but a person shall not be entitled to vote the ballot of a political party at a primary election for President of the United States or for a party committee unless he or she has disclosed the name of the party that he or she prefers or unless he or she has declined to disclose a party preference and the political party, by party rule duly noticed to the Secretary of State, authorizes a person who has declined to disclose a party preference to vote the ballot of that political party. The voter registration card shall further inform the affiant that a registered voter may vote for any candidate at a primary election for state elective office or congressional office, regardless of the disclosed party preference of the registrant or the candidate seeking that office or the refusal of the registrant or candidate to disclose a party preference.
(2) The voter registration card shall include a listing
of all qualified political parties. As part of that listing, the voter registration card shall also contain an option that permits the affiant to decline to disclose a party preference. This option shall be placed at the end of the listing of qualified political parties.
(c) A person shall not be permitted to vote the ballot of a party or for delegates to the convention of a party other than the party disclosed as preferred in his or her registration, except as provided by Section 2152 or unless he or she has declined to disclose a party preference and the party, by party rule duly noticed to the Secretary of State, authorizes a person who has declined to disclose a party preference to vote the party ballot or for delegates to the party convention.
(d) As of the effective date of the statute that added this subdivision, any voter who previously stated a political party affiliation
when registering to vote shall be deemed to have disclosed that same party as his or her political party preference unless the voter files a new affidavit of registration disclosing a different political party preference or no political party preference. Any voter who previously declined to state a party affiliation shall be deemed to have declined to disclose a party preference unless the voter files a new affidavit of registration disclosing a different political party preference.
(e) The Secretary of State may continue to supply existing affidavits of registration prior to printing new or revised forms that reflect the changes required pursuant to any amendment made to this section.
(Amended by Stats. 2012, Ch. 3, Sec. 5. (AB 1413) Effective February 10, 2012.)
(a) Whenever any voter has declined to disclose or has changed the voter’s party preference prior to the close of registration for an election, the voter may either so disclose or have a change recorded by executing a new affidavit of registration and completing the prior registration portion of the affidavit.
(b) From the 14th day immediately preceding an election until the close of polls on election day, in lieu of executing a new affidavit of registration to disclose or have a change recorded for a voter’s political party preference, the county elections official shall accept a written request by a voter that discloses or changes the voter’s political party preference and that
contains all of the following:
(1) The voter’s printed name.
(2) The voter’s current residence address.
(3) The voter’s new political party preference.
(4) A certification by the voter of the content of the written request as to its truthfulness and correctness, under penalty of perjury.
(5) The voter’s signature and date of execution.
(c) The written request shall be delivered to the
county elections official’s office or to any location that offers conditional voter registration and at which a ballot for the political party for which the voter disclosed a preference can be issued. Following delivery to such a location, the county elections official shall issue a ballot in accordance with the following:
(1) A nonprovisional ballot shall be issued to the voter if either of the following applies:
(A) The voter appears at the voter’s precinct, the voter’s name is found on the roster, and the voter either has not been issued a vote by mail ballot or the conditions set forth in subdivision (a) of Section 3015 are satisfied.
(B) The voter appears at a
location that is equipped with an electronic poll book or other means to determine the voter’s precinct, the location can provide the voter with a ballot for the voter’s precinct, the entire county has established connectivity between locations, and the location at which the voter appears verifies that the voter has not cast a ballot at another location for the election and notes in the voter’s record that the voter cast a ballot.
(2) A provisional ballot shall be issued to the voter if either of the following applies:
(A) The voter appears at the voter’s precinct, the voter’s name is found on the roster, the voter has been issued a vote by mail ballot, and the conditions set forth in subdivision (a) of Section 3015 are
not satisfied.
(B) The voter appears at a location, other than the voter’s precinct, that is equipped with an electronic poll book or other means to determine the voter’s precinct, but the entire county has not established connectivity between locations such that the location is unable to verify that the voter has not cast a ballot at another location for the election.
(d) Upon receipt of a properly executed written request described in subdivision (b), the registration of the voter shall be immediately updated and the written request shall be maintained with the voter’s record.
(Amended by Stats. 2020, Ch. 1, Sec. 2. (SB 207) Effective February 13, 2020.)
(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, the county elections official shall attempt to contact the affiant and 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, 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 either of the
following:
(1) A new voter registration card.
(2) Any other document, as determined by the elections official, on which the affiant may provide the missing information. An affiant who provides information pursuant to this paragraph shall certify under penalty of perjury that the information provided is true and correct.
(Amended by Stats. 2017, Ch. 118, Sec. 1. (AB 1730) Effective January 1, 2018.)
In the event that the county elections official receives an affidavit of registration, executed under penalty of perjury, that does not include portions of the information for which space is provided, the county elections official 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 declined to disclose a party preference. The county elections official shall designate the affiant’s party preference as “Unknown” on a roster under Article 5 (commencing with Section 2183) and the
affiant shall otherwise be treated as a “No Party Preference” voter.
(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 before the election, or (2) the affidavit is postmarked on or before the 15th day before 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. The affiant’s failure to
furnish his or her place of birth shall not preclude his or her affidavit of registration from being deemed complete.
(Amended by Stats. 2017, Ch. 806, Sec. 10. (SB 286) Effective January 1, 2018.)
Upon receipt of a properly executed affidavit of registration or address correction notice or letter pursuant to Section 2119, Article 2 (commencing with Section 2220), or the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.), the county elections official shall send the voter a voter notification by nonforwardable, first-class mail, address correction requested. The voter notification shall state the party preference for which the voter has registered in the following format:
Party: (Name of political party)
The voter notification shall be substantially in the following form:
VOTER NOTIFICATION
You are registered to vote. The party preference you chose, if any, is on this card. This card is being sent as a notification of:
1. Your recently completed affidavit of registration.
OR,
2. A change to your registration because of an official notice that you have moved. If your residence address has not changed or if your move is temporary, please call or write to our office immediately.
OR,
3. Your recent registration with a change in party preference. If this change is not correct, please call or write to our office immediately.
You may vote in any election held 15 or more days after the date on this card.
Your name will appear on the roster kept at the polls.
Please contact our office if the information shown on the reverse side of this card is incorrect.
(Amended by Stats. 2018, Ch. 58, Sec. 2. (AB 3259) Effective January 1, 2019.)
(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 Chapter 619 of the Statutes of 2014, 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 preregistering 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 state voter information guide and county voter information guide by mail.
If the information on this card is incorrect, please contact our office
or update your preregistration at the Internet Web site of the Secretary of State.
(Amended (as amended by Stats. 2015, Ch. 728, Sec. 29) by Stats. 2016, Ch. 422, Sec. 5. (AB 2911) Effective January 1, 2017. Note: The condition in Stats. 2016, Ch. 422, Sec. 86, was satisfied by the certification by the Secretary of State on September 26, 2016.)
An elections official may, upon receipt of a properly executed affidavit of registration or address correction notice or letter pursuant to Section 2119, Article 2 (commencing with Section 2220) of Chapter 3, or the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.), or an affidavit of registration pursuant to Section 2101 or subdivision (d) of Section 2102, notify the sender by text message or email that his or her voter registration information has been received and that he or she will receive a subsequent notification pursuant to Section 2155 or 2155.3.
(Added by Stats. 2017, Ch. 29, Sec. 1. (AB 4) Effective January 1, 2018.)
(a) The Secretary of State may, in coordination with county elections officials who choose to participate, develop specific procedures to address complaints related to voter registration, including procedures to promptly reregister voters who believe their registration was changed improperly.
(b) The procedures adopted pursuant to this section shall not provide any exemption to laws related to voter registration within the 15 days prior to an election.
(Added by Stats. 2007, Ch. 316, Sec. 2. Effective January 1, 2008.)
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.
(Amended by Stats. 2014, Ch. 619, Sec. 5. (SB 113) Effective January 1, 2015. Operative September 26, 2016, when the Secretary of State issued the certification prescribed by Stats. 2014, Ch. 619, Sec. 8.)
(a) Subject to this chapter, the paper affidavit of registration shall be in a form prescribed by regulations adopted by the Secretary of State. The affidavit shall comply with all of the following:
(1) Contain the information prescribed in Section 2150.
(2) Contain, near the signature line of the affiant, a statement that
the county elections official shall compare the affiant’s signature appearing on an identification envelope for the return of a vote by mail ballot cast in a future election with the signatures appearing in the voter’s registration record, including the signature appearing on the affidavit of registration.
(3) Allow for the inclusion of informational language to meet the specific needs of that county, including, but not limited to, the return address of the elections official in that county, and a telephone number at which a voter can obtain elections information in that county.
(4) Be
included on one portion of a multipart card, to be known as a voter registration card, the other portions of which shall include information sufficient to facilitate completion and mailing of the affidavit. The affidavit portion of the multipart card shall be numbered according to regulations adopted by the Secretary of State. For purposes of facilitating the distribution of voter registration cards as provided in Section 2158, there shall be attached to the affidavit portion a receipt. The receipt shall be separated from the body of the affidavit by a perforated line.
(5) Contain, in a type size and color of ink that is clearly distinguishable from surrounding text, a statement identical or substantially similar to the following:
“Certain voters facing life-threatening situations may qualify for
confidential voter status. For more information, please contact the Secretary of State’s Safe At Home program or visit the Secretary of State’s website.”
(6) Contain, in a type size and color of ink that is clearly distinguishable from surrounding text, a statement that the use of voter registration information for commercial purposes is a misdemeanor pursuant to subdivision (a) of Section 2194 and Section 18109, and any suspected misuse shall be reported to the Secretary of State.
(7) Contain a toll-free fraud hotline telephone number maintained by the Secretary of State that the public may use to report suspected fraudulent activity concerning misuse of voter registration information.
(8) Be returnable to the
county elections official as a self-enclosed mailer with postage prepaid by the Secretary of State.
(b) Nothing contained in this division shall prevent the use of voter registration cards and affidavits of registration in existence on the effective date of this section and produced pursuant to regulations of the Secretary of State, and all references to voter registration cards and affidavits in this division shall be applied to the existing voter registration cards and affidavits of registration.
(c) The Secretary of State may continue to supply existing affidavits of registration prior to printing new or revised forms that reflect the changes required pursuant to this section or Section 2150.
(d) An affidavit of
registration shall not be submitted electronically on a county’s internet website. However, a county may provide a hyperlink on the county’s internet website to the Secretary of State’s electronic voter registration system.
(Amended by Stats. 2022, Ch. 102, Sec. 1. (AB 1619) Effective January 1, 2023.)
It is the intent of the Legislature that a voter be fully informed of the permissible uses of personal information supplied by him or her for the purpose of completing a voter registration affidavit.
(Added by Stats. 2005, Ch. 726, Sec. 3. Effective January 1, 2006.)
In order that a voter be fully informed of the permissible uses of personal information supplied by him or her for the purpose of completing a voter registration affidavit, local elections officials shall post on any local elections official’s Internet Web site relating to voter information, and the Secretary of State shall print in the state voter information guide and post on his or her Internet Web site, a statement identical or substantially similar to the following:
“Information on your voter registration affidavit will be used by elections officials to send you official information on the voting
process, such as the location of your polling place and the issues and candidates that will appear on the ballot. Commercial use of voter registration information is prohibited by law and is a misdemeanor. Voter information may be provided to a candidate for office, a ballot measure committee, or other persons for election, scholarly, journalistic, political, or governmental purposes, as determined by the Secretary of State. Driver’s license and social security numbers, or your signature as shown on your voter registration card, cannot be released for these purposes. If you have any questions about the use of voter information or wish to report suspected misuse of such information, please call the Secretary of State’s Voter Protection and Assistance Hotline.
“Certain voters facing life-threatening situations may qualify for confidential voter
status. For more information, please contact the Secretary of State’s Safe At Home program or visit the Secretary of State’s Internet Web site.”
(Amended by Stats. 2016, Ch. 422, Sec. 6. (AB 2911) Effective January 1, 2017.)
County elections officials shall do all of the following:
(a) Provide voter registration cards designed pursuant to subdivision (a) of Section 2157 for the registration of voters at his or her office and in a sufficient number of locations throughout the county for the convenience of persons desiring to register, to the end that registration may be maintained at a high level. The cards shall be available in all languages required by Section 203 (52 U.S.C. Sec. 10503) or Section 4(f)(4) (52 U.S.C. Sec. 10303(f)(4)) of the federal Voting Rights Act of 1965.
(b) Provide voter registration cards designed pursuant to subdivision (a) of Section 2157 in
sufficient quantities to any individuals or organizations that wish to distribute the cards other than to persons who have been convicted of violating this section within the last five years. Individuals and organizations shall be permitted to distribute voter registration cards anywhere within the county.
(1) An individual or organization that distributes voter registration cards designed pursuant to subdivision (a) of Section 2157 shall obtain the voter registration cards from the county elections official or the Secretary of State. The individual or organization shall comply with all applicable regulations established by the Secretary of State when distributing the cards.
(2) If, after completing his or her voter registration card, an elector entrusts it to another person,
the latter shall sign and date the attached, numbered receipt indicating his or her address and telephone number, if any, and give the receipt to the elector. Failure to comply with this paragraph shall not cause the invalidation of the registration of a voter.
(3) An individual or organization that distributes voter registration cards designed pursuant to subdivision (a) of Section 2157 shall give a voter registration card to any elector requesting it, provided that the individual or organization has a sufficient number of cards.
(4) If distribution of voter registration cards pursuant to this subdivision is undertaken by mailing cards to persons who have not requested the cards, the person mailing the cards shall enclose a cover letter or other notice with each card
instructing the recipients to disregard the cards if they are currently registered voters.
(c) Mail a voter registration card immediately to a person who wishes to register to vote and requests a voter registration card.
(Amended by Stats. 2015, Ch. 728, Sec. 31. (AB 1020) Effective January 1, 2016. Operative September 26, 2016, when the Secretary of State issued the certification prescribed by Stats. 2015, Ch. 728, Sec. 88.)
(a) Notwithstanding paragraph (1) of subdivision (b) of Section 2158, any person who, in exchange for money or other valuable consideration, assists another to register to vote by receiving the completed affidavit of registration from the elector, shall sign in his or her handwriting and affix directly on the affidavit of registration his or her full name, telephone number, and address, and the name and telephone number of the person, company, or organization, if any, that agrees to pay money or other valuable consideration for the completed
affidavit of registration. Failure to comply with this section shall not cause the invalidation of the registration of the voter.
(b) Any person who in exchange for money or other valuable consideration assists another to register to vote by receiving the completed affidavit of registration from the elector, and knowingly misrepresents himself or herself as having helped register another to vote on a registration form is guilty of a misdemeanor, pursuant to Section 18108.1.
(Amended by Stats. 2006, Ch. 377, Sec. 1. Effective January 1, 2007.)
A person, company, or other organization that agrees to pay money or other valuable consideration, whether on a per-affidavit basis or otherwise, to a person who assists another person to register to vote by receiving the completed affidavit of registration or by assisting with the submission of an affidavit of registration electronically on the Internet Web site of the Secretary of State, shall do all of the following:
(a) Maintain a list of the names, addresses, and telephone numbers of all individuals that the person, company, or other organization has agreed to compensate for assisting others to register to vote, and shall provide to each person receiving that consideration a written statement of that person’s personal responsibilities and liabilities under Sections 2138, 2138.5, 2139, 2150, 2158, 2159, 18100, 18101, 18103, 18106, 18108, 18108.1, and 18108.5. Receipt of the written statement shall be acknowledged, in writing, by the person receiving the consideration, and the acknowledgment shall be kept by the person, company, or organization that agrees to compensate that person. All records required by this subdivision shall be maintained for a minimum of three years, and shall be made available to the elections official, the Secretary of State, or an appropriate prosecuting agency, upon demand. As an alternate to maintaining the records required by this
subdivision, the records may be filed with the county elections official, who shall retain those records for a minimum of three years. The county elections official may charge a fee, not to exceed actual costs, for storing records pursuant to this subdivision.
(b) Not render any payment or promised consideration unless the information specified in Section 2159 has been affixed personally on the affidavit in the handwriting of the person with whom the agreement for payment was made.
(c) At the time of submission of paper affidavits to an elections official, identify and separate those affidavits into groups that do and that do not comply with the requirements of Sections 2150 and 2159. A signed acknowledgment shall be attached to each group of affidavits identifying a group as in compliance with Sections 2150 and 2159, and a group as not in compliance with either Section 2150 or
2159, or both.
(d) Failure to comply with this section shall not cause the invalidation of the registration of the voter.
(Amended by Stats. 2014, Ch. 593, Sec. 5. (AB 1446) Effective January 1, 2015.)
(a) A county elections official may use a provisional ballot envelope as an affidavit of registration.
(b) A county elections official who intends to use a provisional ballot envelope as an affidavit of registration shall do all of the following:
(1) Provide a provisional ballot envelope that sets forth facts necessary to establish the voter as an elector and that contains all of the information required by Sections 2150 and 2151.
(2) Print an affidavit number on the provisional ballot envelope.
(3) Provide notice to the Secretary of State no later than
the 15th day before any election that provisional ballot envelopes will be used as affidavits of registration in that election.
(Added by Stats. 2018, Ch. 113, Sec. 2. (SB 1171) Effective January 1, 2019.)
The Secretary of State shall print, or cause to be printed, the blank forms of the affidavits of registration and voter registration cards prescribed by this code. The Secretary of State shall bind and number, or cause to be bound and numbered, affidavits of registration and voter registration cards as required by this code. The Secretary of State shall supply the forms to the county elections official in quantities and at times as requested by the county elections official.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
(a) No affidavits of registration other than those provided by the Secretary of State to the county elections officials, provisional ballot envelopes that comply with Section 2160, or the national voter registration forms authorized pursuant to the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.) shall be used for the registration of voters.
(b) A voter registration card shall not be altered, defaced, or changed in any way, other than by the insertion of a mailing address and the affixing of postage, if mailed, or as otherwise specifically
authorized by the Secretary of State, before distribution of the cards.
(c) The affidavit portion of a voter registration card shall not be marked, stamped, or partially or fully completed by a person other than an elector attempting to register to vote or by a person assisting the elector in completing the affidavit at the request of the elector.
(Amended by Stats. 2018, Ch. 113, Sec. 3. (SB 1171) Effective January 1, 2019.)
The Secretary of State shall prepare an appropriate voter registration logo that may be displayed by offices, stores, and other establishments indicating the availability of voter registration for the public. The Secretary of State, upon request, shall provide these logos free of charge to any interested person or organization.
(Amended by Stats. 2015, Ch. 728, Sec. 33. (AB 1020) Effective January 1, 2016. Operative September 26, 2016, when the Secretary of State issued the certification prescribed by Stats. 2015, Ch. 728, Sec. 88.)
(a) The Secretary of State shall pay all postage for all of the following:
(1) Mailing of the voter notification and the address correction service pursuant to Section 2153.
(2) Return to the county elections official of the affidavits of registration pursuant to Section 2157.
(3) Mailing of blank voter registration cards pursuant to subdivision (c) of
Section 2158.
(4) Any mailing of blank voter registration cards pursuant to programs adopted under Section 2105.
(b) All payments made pursuant to this section shall be made directly from funds appropriated to the Secretary of State for this purpose.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
Affidavits of registration shall be processed immediately.
(Amended by Stats. 2015, Ch. 728, Sec. 34. (AB 1020) Effective January 1, 2016. Operative September 26, 2016, when the Secretary of State issued the certification prescribed by Stats. 2015, Ch. 728, Sec. 88.)
(a) Any person filing with the county elections official a new affidavit of registration or reregistration may have the information relating to his or her residence address, telephone number, and email address appearing on the affidavit, or any list or roster or index prepared therefrom, declared confidential upon order of a superior court issued upon a showing of good cause that a life-threatening circumstance exists to the voter or a member of the voter’s household, and naming the county elections official as a party.
(b) Any person granted confidential voter status under subdivision (a) shall:
(1) Provide a valid mailing address and be considered a vote by mail voter for all subsequent elections or until the county elections official is notified otherwise by the court or in writing by the voter. A voter requesting termination of vote by mail status thereby consents to placement of his or her residence address, telephone number, and email address in the roster of voters.
(2) The elections official, in producing any list, roster, or index
shall exclude voters with a confidential voter status.
(3) Within 60 days of moving to a new county, obtain an order from the superior court of the new county pursuant to subdivision (a). The elections official of the new county, upon notice of the confidential voter moving into the county, shall do all of the following:
(A) Contact the confidential voter and provide information regarding the application for confidential voter status in the new county.
(B) Honor the confidential voter status from the former county for 60 days from the date of notice.
(C) Pursuant to paragraph (2) of subdivision (b), exclude the confidential voter in any list,
roster, or index during the 60-day period.
(D) Remove the confidential voter status if the new voter has not provided a court order to the new county during the 60-day period.
(c) No action in negligence may be maintained against any government entity or officer or employee thereof as a result of the disclosure of the information which is the subject of this section unless by a showing of gross negligence or willfulness.
(Amended by Stats. 2015, Ch. 728, Sec. 35. (AB 1020) Effective January 1, 2016. Operative September 26, 2016, when the Secretary of State issued the certification prescribed by Stats. 2015, Ch. 728, Sec. 88.)
(a) Any person filing with the county elections official a new affidavit of registration or reregistration may have the information relating to their residence address, telephone number, and email address appearing on the affidavit, or any list or roster or index prepared therefrom, declared confidential upon presentation of certification that the person is a participant in the Address Confidentiality for Victims of Domestic Violence, Sexual Assault, and Stalking program pursuant to Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code,
or a participant in the Address Confidentiality for Reproductive Health Care Service Providers, Employees, Volunteers, Patients, and Other Individuals Who Face Threats or Violence Because of Work for a Public Entity program pursuant to Chapter 3.2 (commencing with Section 6215) of Division 7 of Title 1 of the Government Code.
(b) Any person granted confidential voter status under
subdivision (a) shall:
(1) Provide a valid mailing address and be considered a vote by mail voter for all subsequent elections and all subsequent reregistrations inside or outside the county until the county elections official is notified otherwise by the Secretary of State or in writing by the voter. A voter requesting termination of vote by mail status thereby consents to placement of their residence address, telephone number, and email address in the roster of voters.
(2) The elections official, in producing any list, roster, or index shall exclude voters with a confidential voter status.
(c) An action in negligence shall not be maintained against any government entity or officer or employee thereof as a
result of the disclosure of the information that is the subject of this section unless by a showing of gross negligence or willfulness.
(d) Subdivisions (a) and (b) do not apply to any person granted confidentiality upon receipt by the county elections official of a written notice by the address confidentiality program manager of the withdrawal, invalidation, expiration, or termination of the program participant’s certification.
(Amended by Stats. 2022, Ch. 554, Sec. 1. (SB 1131) Effective September 26, 2022.)
(a) If authorized by the county board of supervisors, a county elections official shall, upon application of a public safety officer, make confidential that officer’s residence address, telephone number, and email address appearing on the affidavit of registration, in accordance with the terms and conditions of this section.
(b) The application by the public safety officer shall contain a statement, signed under penalty of perjury, that the person is a public safety officer as defined in subdivision (f) and that a life-threatening circumstance exists to the officer or a member of the officer’s family. The application shall be a public record.
(c) The confidentiality granted pursuant to subdivision (a) shall terminate no more than two years after commencement, as determined by the county elections official. The officer may submit a new application for confidentiality pursuant to subdivision (a), and the new request may be granted for an additional period of not more than two years.
(d) Any person granted confidential voter status under subdivision (a) shall:
(1) Provide a valid mailing address and be considered a vote by mail voter for all subsequent elections or until the county elections official is notified otherwise by the Secretary of State or in writing by the voter. A voter requesting termination of vote by mail status thereby consents to placement of the voter’s residence address, telephone
number, and email address in the roster of voters.
(2) The elections official, in producing any list, roster, or index, shall exclude voters with a confidential voter status.
(3) Within 60 days of moving to a new county, if available in the new county, apply for confidential voter status pursuant to subdivision (a). The elections official of the new county, upon notice of the confidential voter moving into the county, shall do all of the following:
(A) Contact the confidential voter and provide information regarding the application for confidential voter status in the new county.
(B) Honor the confidential voter status from the former county for 60 days from
the date of notice.
(C) Pursuant to paragraph (2), exclude the confidential voter in any list, roster, or index during the 60-day period.
(D) Remove the confidential voter status if the new voter has not obtained or cannot obtain confidential voter status pursuant to this section in the new county during the 60-day period.
(e) No action in negligence may be maintained against any government entity or officer or employee thereof as a result of the disclosure of the information that is the subject of this section unless by a showing of gross negligence or willfulness.
(f) “A public safety officer” has the same meaning as defined in subdivision (a), (d), (e), (f),
or (j) of Section 7920.535 of the Government Code.
(Amended by Stats. 2024, Ch. 854, Sec. 1. (AB 3284) Effective January 1, 2025.)
(a) A county elections official shall, upon application of a qualified worker, make confidential that worker’s residence address, telephone number, and email address appearing on the affidavit of registration, in accordance with the terms and conditions of this section.
(b) The application by the qualified worker shall contain a statement, signed under penalty of perjury, that the person is a qualified worker as defined in subdivision (f) and that a life-threatening circumstance exists as to the qualified worker or a member of the worker’s family. The application shall be a public record.
(c) The
confidentiality granted pursuant to subdivision (a) shall terminate no more than two years after commencement, as determined by the county elections official. The officer may submit a new application for confidentiality pursuant to subdivision (a), and the new request may be granted for an additional period of not more than two years.
(d) The following apply to a person granted confidential voter status under subdivision (a):
(1) The elections official, in producing any list, roster, or index, shall exclude voters with a confidential voter status.
(2) The person shall, within 60 days of moving to a new county,
apply for confidential voter status pursuant to subdivision (a). The elections official of the new county, upon notice of the confidential voter moving into the county, shall do all of the following:
(A) Contact the confidential voter and provide information regarding the application for confidential voter status in the new county.
(B) Honor the confidential voter status from the former county for 60-days from the date of notice.
(C) Pursuant to paragraph (1), exclude the confidential voter in any list, roster, or index during the 60-day period.
(D) Remove the confidential voter status if the new voter has not obtained or cannot obtain confidential
voter status pursuant to this section in the new county during the 60-day period.
(e) An action in negligence shall not be maintained against any government entity or officer or employee thereof as a result of the disclosure of the information that is the subject of this section except by a showing of gross negligence or willfulness.
(f) “Qualified worker” means a person who is employed by or contracts with the Secretary of State or a local election office who performs election-related work and interacts with the public or is observed by the public doing election-related work, but does not include a person who is a precinct board member who does not otherwise perform election-related work. For the purposes of this section, a qualified worker is not limited to those who exclusively perform
direct election-related work for the Secretary of State or local election offices.
(g) The Secretary of State shall submit to the Legislature, pursuant to Section 9795 of the Government Code, no later than January 10 of each year, a report that includes the total number of applications received for the program established by this section. The report shall disclose the number of program participants within each county and shall also describe any allegations of misuse relating to election purposes.
(Added by Stats. 2022, Ch. 554, Sec. 2. (SB 1131) Effective September 26, 2022.)
Upon the personal or written application of any person, the county elections official shall, at a fee not to exceed one dollar and fifty cents ($1.50), provide the applicant with a certified copy of the entries upon the register relating to the applicant.
A certified copy of an uncanceled affidavit of registration is prima facie evidence that the person named in the entry is a voter of the county.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
The Secretary of State shall establish and maintain a statewide system to facilitate the reporting of election results and voter and candidate information, and to otherwise administer and enhance election administration.
(Amended by Stats. 2015, Ch. 728, Sec. 38. (AB 1020) Effective January 1, 2016. Operative September 26, 2016, when the Secretary of State issued the certification prescribed by Stats. 2015, Ch. 728, Sec. 88.)