Bill Text: CA AB391 | 2015-2016 | Regular Session | Introduced
Bill Title: Voter registration: conditional voter registration.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2015-06-03 - From committee: Without further action pursuant to Joint Rule 62(a). [AB391 Detail]
Download: California-2015-AB391-Introduced.html
BILL NUMBER: AB 391 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Gallagher
FEBRUARY 18, 2015
An act to amend Section 2170 of, and to add Section 2170.5 to, the
Elections Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 391, as introduced, Gallagher. Voter registration: conditional
voter registration.
Existing law establishes conditional voter registration, using an
affidavit of registration, whereby a person is permitted to register
to vote after the 15th day before an election or on election day, and
cast a provisional ballot to be counted if the conditional voter
registration is deemed effective. Existing law establishes the
procedures and requirements for determining whether a conditional
voter registration is deemed effective, requires the county elections
official to offer conditional voter registration and provisional
voting at its permanent offices, and authorizes the official to offer
this registration and voting at satellite offices on election day.
This bill would require that a registrant provide proof of
residence, as specified, in order for a conditional voter
registration to be deemed effective. If a conditional voter
registration is not deemed effective, the bill would require the
elections official to process the affidavit of registration, as
specified, and if all other eligibility requirements are met, would
require the registration to be effective in forthcoming elections. By
imposing additional duties on county election 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, 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 2170 of the Elections Code is amended to read:
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.
(3) In order for a conditional voter registration to be deemed
effective as described in paragraph (2), the registrant shall provide
proof of residence pursuant to subdivision (a) of Section 2170.5.
(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 county 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 county 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 county 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
county 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
county 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
county 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).
SEC. 2. Section 2170.5 is added to the Elections Code, to read:
2170.5. (a) A person who completes a conditional voter
registration pursuant to this article shall provide proof of
residence in order to register to vote during the 14 days immediately
preceding an election or on election day. Proof of residence shall
include any of the following:
(1) A valid California driver's license, driver's instruction
permit, or identification card.
(2) A valid student identification card with an identifying
photograph.
(3) A tribal identification card with an identifying photograph
and signature.
(4) Photo identification, which may include a driver's license,
state identification card, passport, military identification card,
tribal identification card, or student identification card, and a
current bill identifying the name and address of the registrant,
which may include a utility bill due within 30 days of election day,
a rent statement dated within 30 days of election day, or a current
student fee statement.
(b) If a conditional voter registration is not deemed effective
pursuant to this article, the elections official shall process the
affidavit of registration pursuant to Sections 2102 and 2107 and, if
the registrant meets all other eligibility requirements to register
to vote, the registration shall be deemed effective in forthcoming
elections.
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.
