Bill Text: CA AB1716 | 2011-2012 | Regular Session | Introduced
Bill Title: Elections: voter identification.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-05-21 - From committee without further action pursuant to Joint Rule 62(a). [AB1716 Detail]
Download: California-2011-AB1716-Introduced.html
BILL NUMBER: AB 1716 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Garrick
FEBRUARY 16, 2012
An act to amend Section 3011 of, and to add Section 14215.5 to,
the Elections Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 1716, as introduced, Garrick. Elections: voter identification.
(1) Existing law requires that the identification envelope for
returning a vote by mail ballot contain specified information and
that a vote by mail ballot be received by the issuing elections
official or the precinct board no later than the close of polls on
election day.
This bill would additionally require that the identification
envelope include the last 4 digits of the voter's California driver's
license number or California identification card number or, if the
voter does not possess either of those types of identification, the
last 4 digits of the voter's social security number, and would
require that the voter's signature and numeric identifying
information be verified as being consistent with the voter's state or
federal records prior to the voter's ballot being counted. The bill
would also require that the identification envelope have a security
flap or sleeve to conceal the voter's signature and identifying
information during mailing.
(2) Existing law requires that a person desiring to vote announce
his or her name and address to the precinct board member at the
polling place and then write the information in the index, except for
specified exceptions.
This bill would require a person desiring to vote at a polling
place to produce and show proof of identification, as defined, to the
precinct worker at the polling place. This bill would also provide
for a voter to cast a provisional ballot if the voter declines to
provide, or is otherwise unable to provide, sufficient proof of
identification. This bill would also provide exemptions from the
requirement to provide proof of identification for voters residing in
state-licensed care facilities that are used as polling places and
voters who establish a religious objection to being photographed.
This bill would also provide that, for purposes of complying with the
proof of identification requirement, a registered voter could obtain
a state-issued identification card from the Department of Motor
Vehicles at no cost.
(3) Because this bill would increase the duties of local elections
officials regarding conducting elections, it 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, 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.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3011 of the Elections Code is amended to read:
3011. (a) The identification envelope shall contain all of the
following:
(1) A declaration, under penalty of perjury, stating that the
voter resides within the precinct in which he or she is voting and is
the person whose name appears on the envelope.
(2) The signature of the voter and the last four digits of
the voter's California driver's license number or Ca
lifornia identification card number or, if the voter has neither, the
last four digits of the voter's social security number. The
signature and numeric identifying information shall be
verified as being consistent with the voter's state or federal
records, prior to counting the ballot .
(3) The residence address of the voter as shown on the affidavit
of registration.
(4) The date of signing.
(5) A notice that the envelope contains an official ballot and is
to be opened only by the canvassing board.
(6) A warning plainly stamped or printed on it that voting twice
constitutes a crime.
(7) A warning plainly stamped or printed on it that the voter must
sign the envelope in his or her own handwriting in order for the
ballot to be counted.
(8) A statement that the voter has neither applied, nor intends to
apply, for a vote by mail voter's ballot from any other jurisdiction
for the same election.
(9) The name of the person authorized by the voter to return the
vote by mail ballot pursuant to Section 3017.
(10) The relationship to the voter of the person authorized to
return the vote by mail ballot.
(11) The signature of the person authorized to return the vote by
mail ballot.
(12) A security flap or sleeve to conceal the voter's signature
and identifying information during mailing.
(b) Except at a primary election for partisan office, and
notwithstanding any other provision of law, the vote by mail voter's
party affiliation may not be stamped or printed on the identification
envelope.
SEC. 2. Section 14215.5 is added to the Elections Code, to read:
14215.5. (a) A person desiring to vote at a polling place shall
first provide to the precinct worker at the polling place proof of
identification before being permitted to sign the roster of voters.
(b) For purposes of this section, "proof of identification" refers
to a document that satisfies all of the following:
(1) The document shows the name of the individual to whom the
document was issued and the name conforms to the name on the
individual's voter registration record.
(2) The document shows a photograph of the individual to whom the
document was issued.
(3) The document includes an expiration date, and the document is
either not expired or expired after the date of the most recent
general election.
(4) The document was issued by the United States or the State of
California.
(c) If the voter is unable or declines to present proof of
identification, or if a member of the precinct board determines that
the proof of identification presented does not meet the requirements
of subdivision (b), the voter may request and be issued a provisional
ballot and be permitted to vote that ballot.
(d) A provisional ballot cast under subdivision (c) shall only be
counted if, within 10 days following the election, the voter provides
proof of identification that meets the requirements of subdivision
(b) to the county voter registration office or establishes that one
of the exemptions in subdivisions (e) and (f) applies to the voter.
(e) A voter who resides at a state-licensed care facility that is
being used as a polling place is not required to provide proof of
identification prior to being permitted to sign the roster of voters
or to cast his or her ballot.
(f) A voter who executes a sworn affidavit before a superior court
clerk, or county election board, in a manner prescribed by the
board, to declare that the voter has a religious objection to being
photographed, shall be permitted to vote by providing a copy of the
signed affidavit and proof of identification that meets all of the
criteria of subdivision (b) except for the photograph.
(g) For purposes of complying with this section, a registered
voter may obtain a state-issued identification card from the
Department of Motor Vehicles at no cost once for each period of
validity of the card.
SEC. 3. 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.
