Bill Text: CA AB1436 | 2011-2012 | Regular Session | Chaptered
Bill Title: Voter registration.
Spectrum: Partisan Bill (Democrat 14-0)
Status: (Passed) 2012-09-24 - Chaptered by Secretary of State - Chapter 497, Statutes of 2012. [AB1436 Detail]
Download: California-2011-AB1436-Chaptered.html
BILL NUMBER: AB 1436 CHAPTERED
BILL TEXT
CHAPTER 497
FILED WITH SECRETARY OF STATE SEPTEMBER 24, 2012
APPROVED BY GOVERNOR SEPTEMBER 24, 2012
PASSED THE SENATE AUGUST 23, 2012
PASSED THE ASSEMBLY AUGUST 27, 2012
AMENDED IN SENATE AUGUST 6, 2012
AMENDED IN SENATE JUNE 18, 2012
AMENDED IN ASSEMBLY MAY 25, 2012
AMENDED IN ASSEMBLY APRIL 16, 2012
AMENDED IN ASSEMBLY MARCH 20, 2012
INTRODUCED BY Assembly Member Feuer
(Coauthors: Assembly Members Alejo, Ammiano, Fong, Hill, Lara, Ma,
Portantino, Solorio, Wieckowski, and Williams)
(Coauthors: Senators De León, Padilla, and Yee)
JANUARY 4, 2012
An act to amend Sections 2107, 14310, and 18001 of, and to add
Article 4.5 (commencing with Section 2170) to Chapter 2 of Division 2
of, the Elections Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 1436, Feuer. Voter registration.
Existing law establishes procedures regarding the registration of
voters. Under existing law, a person may not be registered to vote
except by affidavit of registration, and a voter may not vote in an
election unless his or her affidavit of registration is executed and
received by the county elections official on or before the 15th day
prior to the election. Existing law permits any registered voter to
vote by a vote by mail ballot, and further permits any voter using a
vote by mail ballot to vote the ballot at the office of the elections
official beginning 29 days before the election. Existing law
requires that the affidavit of registration show facts necessary to
establish the affiant as an elector, as specified, and provides that
if the affiant has not been issued a current and valid driver's
license or social security number, he or she shall be provided a
unique identification number for voter registration purposes.
This bill would establish conditional voter registration, using an
affidavit of registration, whereby a person would be permitted to
register to vote after the 15th day prior to an election or on
election day, and cast a provisional ballot to be counted if the
conditional voter registration is deemed effective. This bill would
provide that 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 registrant
has provided information that matches specified state or federal
databases. The bill would provide that if the information provided by
the registrant cannot be verified by matching the information to
those specified state or federal databases and the registrant is
otherwise eligible to vote, the registrant shall be issued a unique
identification number pursuant to the above-referenced provisions and
the conditional voter registration shall be deemed effective. The
bill would establish specific criminal and civil penalties for the
commission of fraud in the execution of a conditional voter
registration pursuant to these provisions.
The bill would require the county elections official to offer
conditional voter registration and provisional voting at its
permanent offices, and would permit the official to offer this
registration and voting at satellite offices on election day, in
accordance with specified procedures. The bill would also require the
county elections official to cancel, as specified, duplicate voter
registrations that may arise due to conditional voter registration.
The above provisions of the bill would become operative on January
1 of the year following the year in which the Secretary of State
certifies that the state has a statewide voter registration database
that complies with the requirements of the federal Help America Vote
Act of 2002.
Existing law provides that upon conviction for a crime pertaining
to an election for which no fine is prescribed, the court may impose,
in addition to any prescribed imprisonment, a fine on the offender
of not more than $1,000 for a misdemeanor or $10,000 for a felony.
This bill would increase the amount of that fine for a felony to
$25,000.
By creating a new crime and new duties for local elections
officials, the bill would impose a state-mandated local program.
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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2107 of the Elections Code is amended to read:
2107. (a) Except as provided in subdivision (b) and Article 4.5
(commencing with Section 2170), the county elections official shall
accept affidavits of registration at all times except during the 14
days immediately preceding any election, when registration shall
cease for that election as to electors residing in the territory
within which the election is held. Transfers of registration for an
election may be made from one precinct to another precinct in the
same county at any time registration is in progress in the precinct
to which the elector seeks to transfer.
(b) The county elections official shall accept an affidavit of
registration executed as part of a voter registration card in the
forthcoming election if the affidavit is executed on or before the
15th day prior to the election, and if any of the following apply:
(1) A mailed affidavit is postmarked on or before the 15th day
prior to the election and received by mail by the county elections
official before the close of the polls on election day.
(2) The affidavit is submitted to the Department of Motor Vehicles
or accepted by any other public agency designated as a voter
registration agency pursuant to the federal National Voter
Registration Act of 1993 (42 U.S.C. Sec. 1973gg) on or before the
15th day prior to the election.
(3) The affidavit is delivered to the county elections official by
means other than those described in paragraphs (1) and (2) on or
before the 15th day prior to the election.
SEC. 2. Article 4.5 (commencing with Section 2170) is added to
Chapter 2 of Division 2 of the Elections Code, to read:
Article 4.5. Conditional Voter Registration
2170. (a) "Conditional voter registration" means a properly
executed affidavit of registration, which is delivered by the
registrant to 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 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 California 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.
(d) The county elections official shall offer conditional voter
registration and provisional voting pursuant to this article, in
accordance with the following procedures:
(1) The elections official shall provide conditional voter
registration and provisional voting pursuant to this article at all
permanent offices of the county elections official in the county.
(2) The 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 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 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
elections official shall process the registration, determine the
registrant's eligibility to register, and attempt to validate the
information.
(5) If a conditional registration is deemed effective, the
elections official shall include the corresponding provisional ballot
in the official canvass.
(e) 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 procedures specified in paragraphs (2) to (5),
inclusive, of subdivision (d).
2171. (a) A conditional voter registration accepted under this
article shall include the information required by Article 4
(commencing with Section 2150).
(b) A conditional voter registration accepted under this article
shall be processed in accordance with general voter registration
procedures provided in this chapter and established by regulations
adopted by the Secretary of State.
(c) A provisional ballot cast under this article shall be subject
to the requirements for provisional voting in Article 5 (commencing
with Section 14310) of Chapter 3 of Division 14.
2172. (a) The elections official shall cancel any duplicate voter
registrations that may exist as a result of a conditional
registration deemed effective and shall cancel the duplicate
registrations in accordance with Chapter 3 (commencing with Section
2200).
(b) If it appears that a registrant may have committed fraud
within the meaning of Section 18560, the elections official shall
immediately notify in writing both the district attorney and the
Secretary of State.
2173. (a) Notwithstanding any other law, a person who commits
fraud in the execution of a conditional voter registration pursuant
to this article shall be punishable by imprisonment in the county
jail for up to one year, or a fine up to twenty-five thousand dollars
($25,000), or by both that fine and imprisonment.
(b) In addition to the criminal penalties prescribed in
subdivision (a), a person who commits fraud in the execution of a
conditional voter registration pursuant to this article shall be
subject to a civil fine of an amount up to twenty-five thousand
dollars ($25,000). An action for a civil penalty under this
subdivision may be brought by the Secretary of State or any public
prosecutor with jurisdiction.
(c) Nothing in this section shall preclude the prosecution of a
person under any other applicable provision of law.
SEC. 3. Section 14310 of the Elections Code is amended to read:
14310. (a) At all elections, a voter claiming to be properly
registered, but whose qualification or entitlement to vote cannot be
immediately established upon examination of the index of registration
for the precinct or upon examination of the records on file with the
county elections official, shall be entitled to vote a provisional
ballot as follows:
(1) An elections official shall advise the voter of the voter's
right to cast a provisional ballot.
(2) The voter shall be provided a provisional ballot, written
instructions regarding the process and procedures for casting the
ballot, and a written affirmation regarding the voter's registration
and eligibility to vote. The written instructions shall include the
information set forth in subdivisions (c) and (d).
(3) The voter shall be required to execute, in the presence of an
elections official, the written affirmation stating that the voter is
eligible to vote and registered in the county where the voter
desires to vote.
(b) Once voted, the voter's ballot shall be sealed in a
provisional ballot envelope, and the ballot in its envelope shall be
deposited in the ballot box. All provisional ballots voted shall
remain sealed in their envelopes for return to the elections official
in accordance with the elections official's instructions. The
provisional ballot envelopes specified in this subdivision shall be
of a color different than the color of, but printed substantially
similar to, the envelopes used for vote by mail ballots, and shall be
completed in the same manner as vote by mail envelopes.
(c) (1) During the official canvass, the elections official shall
examine the records with respect to all provisional ballots cast.
Using the procedures that apply to the comparison of signatures on
vote by mail ballots, the elections official shall compare the
signature on each provisional ballot envelope with the signature on
the voter's affidavit of registration. If the signatures do not
compare or the provisional ballot envelope is not signed, the ballot
shall be rejected. A variation of the signature caused by the
substitution of initials for the first or middle name, or both, shall
not invalidate the ballot.
(2) (A) Provisional ballots shall not be included in any
semiofficial or official canvass, except under one or more of the
following conditions:
(i) The elections official establishes prior to the completion of
the official canvass, from the records in his or her office, the
claimant's right to vote.
(ii) The provisional ballot has been cast and included in the
canvass pursuant to Article 4.5 (commencing with Section 2170) of
Chapter 2 of Division 2.
(iii) Upon the order of a superior court in the county of the
voter's residence.
(B) A voter may seek the court order specified in this paragraph
regarding his or her own ballot at any time prior to completion of
the official canvass. Any judicial action or appeal shall have
priority over all other civil matters. No fee shall be charged to the
claimant by the clerk of the court for services rendered in an
action under this section.
(3) The provisional ballot of a voter who is otherwise entitled to
vote shall not be rejected because the voter did not cast his or her
ballot in the precinct to which he or she was assigned by the
elections official.
(A) If the ballot cast by the voter contains the same candidates
and measures on which the voter would have been entitled to vote in
his or her assigned precinct, the elections official shall count the
votes for the entire ballot.
(B) If the ballot cast by the voter contains candidates or
measures on which the voter would not have been entitled to vote in
his or her assigned precinct, the elections official shall count only
the votes for the candidates and measures on which the voter was
entitled to vote in his or her assigned precinct.
(d) The Secretary of State shall establish a free access system
that any voter who casts a provisional ballot may access to discover
whether the voter's provisional ballot was counted and, if not, the
reason why it was not counted.
(e) The Secretary of State may adopt appropriate regulations for
purposes of ensuring the uniform application of this section.
(f) This section shall apply to any vote by mail voter described
by Section 3015 who is unable to surrender his or her unvoted vote by
mail voter's ballot.
(g) Any existing supply of envelopes marked "special challenged
ballot" may be used until the supply is exhausted.
SEC. 4. Section 18001 of the Elections Code is amended to read:
18001. Upon a conviction for any crime punishable by imprisonment
in any jail or prison, in relation to which no fine is herein
prescribed, the court may impose a fine on the offender not exceeding
one thousand dollars ($1,000) in cases of misdemeanors or up to
twenty-five thousand dollars ($25,000) in cases of felonies, in
addition to the imprisonment prescribed.
SEC. 5. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
However, if the Commission on State Mandates determines that this
act contains other 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.
SEC. 6. Sections 1 to 3, inclusive, of this bill shall become
operative on January 1 of the year following the year in which the
Secretary of State certifies that the state has a statewide voter
registration database that complies with the requirements of the
federal Help America Vote Act of 2002 (42 U.S.C. Sec. 15301 et seq.).
