Bill Text: CA AB896 | 2011-2012 | Regular Session | Amended
Bill Title: Elections: voter registration.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-05-11 - From committee without further action pursuant to Joint Rule 62(a). [AB896 Detail]
Download: California-2011-AB896-Amended.html
BILL NUMBER: AB 896 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 25, 2011
INTRODUCED BY Assembly Member Portantino
FEBRUARY 17, 2011
An act to amend Sections 3020, 3311, and 4103
Section 2150 of the Elections Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 896, as amended, Portantino. Elections: vote by mail
ballots voter registration .
Existing law requires that a person, in order to be eligible to
vote, be registered to vote by an affidavit of registration, and
further specifies the contents of an affidavit of registration and
the means by which it may be executed. In addition, the Uniform
Electronic Transactions Act establishes specified requirements that
apply to a transaction, as defined, that the parties to the
transaction have agreed to conduct by electronic means. Existing law
also specifies certain criteria that must be satisfied in order for a
digital signature to be used in place of a manual signature in a
written communication with a public entity.
This bill would provide that an affidavit of registration
constitutes both a transaction within the meaning of the Uniform
Electronic Transactions Act and a written communication with a public
entity. The bill would further provide that a county elections
official may accept an affidavit of registration electronically if
the affidavit complies with the Uniform Electronic Transactions Act,
if the signature on the affidavit complies with the requirements
imposed by existing law on a digital signature used for a written
communication with a public entity, and if the signature on the
affidavit is recorded using a technology that allows the county
elections official to visually compare the signature to other
signatures of the affiant.
This bill would make the foregoing changes both in provisions of
law that are currently operative and in provisions of law that may
replace those operative provisions in the event of a specified
contingency.
(1) Existing law requires that all vote by mail ballots and
special absentee ballots be received by elections officials or
precinct boards by the close of the polls on election day in order to
be counted.
This bill would permit the counting of vote by mail ballots and
special absentee ballots that are returned by mail and postmarked by
election day.
(2) Existing law permits certain local and special district
elections to be conducted entirely by mail ballots.
This bill would also permit these mail ballots in these elections
to be counted if they are postmarked by election day.
(3) Because this bill would expand the duties of local elections
officials, it would impose a state-mandated local program.
(4) 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
no . State-mandated local program: yes
no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2150 of the
Elections Code , as amended by Section 8 of Chapter 1 of
the Statutes of 2009, is amended to read:
2150. (a) The affidavit of registration shall show all of
the following :
(1) The facts necessary to establish the affiant as an elector.
(2) The affiant's name at length, including his or her 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 affiant's option, by the designation
of Miss, Ms., Mrs., or Mr. A person shall not be denied the right to
register because of his or her 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
to require the printing of prefixes on an
affidavit of registration.
(3) The affiant's place of residence, residence telephone number,
if furnished, and e-mail address, if furnished. No
A person shall not be denied the right to
register because of his or her failure to furnish a telephone number
or e-mail 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 he or she will
be at least 18 years of age on or before the date of the next
election.
(6) The state or country of the affiant's birth.
(7) (A) In the case of an applicant
affiant who has been issued a current and valid driver's
license, the applicant's affiant's
driver's license number.
(B) In the case of any other applicant
affiant , other than an applicant
affiant to whom subparagraph (C) applies, the last four digits
of the applicant's affiant's social
security number.
(C) If an applicant for voter registration
affiant has not been issued a current and valid driver's
license or a social security number, the state shall assign the
applicant affiant a number that will
serve to identify the applicant affiant
for voter registration purposes. To the extent that the state has a
computerized list in effect under this subdivision 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 or on parole 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, he
or she shall give an additional statement giving that address, name,
or party.
(b) The affiant shall certify the content of the affidavit as to
its truth and correctness, under penalty of perjury, with the
signature of his or her name and the date of signing. If the affiant
is unable to write , he or she shall sign with a mark or
cross.
(c) The affidavit of registration shall also contain a space that
would enable the affiant to state his or her ethnicity or race, or
both. An affiant may shall not be
denied the ability to register because he or she declines to state
his or her ethnicity or race.
(d) If any a person, including a
deputy registrar, assists the affiant in completing the affidavit,
that person shall sign and date the affidavit below the signature of
the affiant.
(e) The affidavit of registration shall also contain a space to
permit the affiant to apply for permanent vote by mail status.
(f) The Secretary of State may continue to supply existing
affidavits of registration to county elections officials prior to
printing new or revised forms that reflect the changes made to this
section by the act that added this subdivision.
(g) (1) An affidavit of registration constitutes both of the
following:
(A) A "transaction" between the affiant and the county of his or
her residence within the meaning of the Uniform Electronic
Transactions Act (Title 2.5 (commencing with Section 1633.1) of Part
2 of Division 3 of the Civil Code).
(B) A "written communication with a public entity" within the
meaning of Section 16.5 of the Government Code.
(2) Notwithstanding any other provision of law, a county elections
official may accept an affidavit of registration electronically if
all of the following requirements are satisfied:
(A) The affidavit complies with the Uniform Electronic
Transactions Act (Title 2.5 (commencing with Section 1633.1) of Part
2 of Division 3 of the Civil Code).
(B) The signature on the affidavit complies with Section 16.5 of
the Government Code.
(C) The signature on the affidavit is recorded using a technology
that allows the county elections official to visually compare the
signature to other signatures of the affiant.
SEC. 2. Section 2150 of the Elections
Code , as amended by Section 4.5 of Chapter 364 of the
Statutes of 2009, is amended to read:
2150. (a) The affidavit of registration shall show all of
the following :
(1) The facts necessary to establish the affiant as an elector.
(2) The affiant's name at length, including his or her 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 affiant's option, by the designation
of Miss, Ms., Mrs., or Mr. A person shall not be denied the right to
register because of his or her 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
to require the printing of prefixes on an
affidavit of registration.
(3) The affiant's place of residence, residence telephone number,
if furnished, and e-mail address, if furnished. No
A person shall not be denied the right to
register because of his or her failure to furnish a telephone number
or e-mail 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 he or she 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 he or she is at least 17 years of age.
(6) The state or country of the affiant's birth.
(7) (A) In the case of an applicant
affiant who has been issued a current and valid driver's
license, the applicant's affiant's
driver's license number.
(B) In the case of any other applicant
affiant , other than an applicant
affiant to whom subparagraph (C) applies, the last four digits
of the applicant's affiant's social
security number.
(C) If an applicant for voter registration
affiant has not been issued a current and valid driver's
license or a social security number, the state shall assign the
applicant affiant a number that will
serve to identify the applicant affiant
for voter registration purposes. To the extent that the state has a
computerized list in effect under this subdivision 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 or on parole 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, he
or she shall give an additional statement giving that address, name,
or party.
(b) The affiant shall certify the content of the affidavit as to
its truth and correctness, under penalty of perjury, with the
signature of his or her name and the date of signing. If the affiant
is unable to write , he or she shall sign with a mark or
cross.
(c) The affidavit of registration shall also contain a space that
would enable the affiant to state his or her ethnicity or race, or
both. An affiant may shall not be
denied the ability to register because he or she declines to state
his or her ethnicity or race.
(d) If a person, including a deputy registrar, assists the affiant
in completing the affidavit, that person shall sign and date the
affidavit below the signature of the affiant.
(e) The affidavit of registration shall also contain a space to
permit the affiant to apply for permanent vote by mail status.
(f) The Secretary of State may continue to supply existing
affidavits of registration to county elections officials prior to
printing new or revised forms that reflect the changes made to this
section by the act that added this subdivision.
(g) (1) An affidavit of registration constitutes both of the
following:
(A) A "transaction" between the affiant and the county of his or
her residence within the meaning of the Uniform Electronic
Transactions Act (Title 2.5 (commencing with Section 1633.1) of Part
2 of Division 3 of the Civil Code).
(B) A "written communication with a public entity" within the
meaning of Section 16.5 of the Government Code.
(2) Notwithstanding any other provision of law, a county elections
official may accept an affidavit of registration electronically if
all of the following requirements are satisfied:
(A) The affidavit complies with the Uniform Electronic
Transactions Act (Title 2.5 (commencing with Section 1633.1) of Part
2 of Division 3 of the Civil Code).
(B) The signature on the affidavit complies with Section 16.5 of
the Government Code.
(C) The signature on the affidavit is recorded using a technology
that allows the county elections official to visually compare the
signature to other signatures of the affiant.
SECTION 1. Section 3020 of the Elections Code
is amended to read:
3020. All vote by mail ballots cast under this division shall
either be postmarked not later than election day or received by the
elections official from whom they were obtained or by the precinct
board no later than the close of the polls on election day.
SEC. 2. Section 3311 of the Elections Code is
amended to read:
3311. All vote by mail ballots cast pursuant to this chapter
shall be received and canvassed under the same procedure as all other
vote by mail ballots.
SEC. 3. Section 4103 of the Elections Code is
amended to read:
4103. Ballots cast under this chapter shall be received and
canvassed under the same procedure as all other vote by mail ballots.
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.
