Bill Text: CA SB113 | 2013-2014 | Regular Session | Amended

California Senate Bill 113 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Elections: voter registration.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2014-09-26 - Chaptered by Secretary of State. Chapter 619, Statutes of 2014. [SB113 Detail]

Download: California-2013-SB113-Amended.html
BILL NUMBER: SB 113	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JANUARY 6, 2014

INTRODUCED BY   Senator Jackson
   (Principal coauthor: Senator Calderon)
   (  Coauthor:   Senator  
Price   Coauthors:   Senators   Leno
  and Padilla  )

                        JANUARY 15, 2013

   An act to amend  and repeal  Sections 2102, 2106,
2150,  2155,  and 2205 of the Elections Code, relating to
elections.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 113, as amended, Jackson. Elections: voter registration.
   Existing law authorizes a person who is at least 17 years of age
and otherwise meets all voter eligibility requirements to submit his
or her affidavit of registration. The affidavit of registration is
deemed effective as of the date the affiant will be 18 years of age.
These provisions become operative when 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.
    This bill would lower the minimum age for purposes of submitting
an affidavit of registration pursuant to these provisions to 
15   16  years of age. The bill also would make
conforming changes to existing law.  The bill would provide,
notwithstanding the contingency described above, that its provisions
shall become operative on January 1, 2014.  
   By requiring local elections officials to process voter
registrations submitted by persons 15 years of age or older, the bill
would impose a state-mandated local program.  
   Existing law requires that, upon receipt of a properly executed
affidavit of registration or address correction notice or letter, the
county elections official send the voter a voter notification
containing specified information.  
   This bill would require that, if an affidavit of registration is
submitted by a person who is at least 16 years of age and otherwise
meets all voter eligibility requirements, the county elections
official send the voter notification to that voter not more than 60
days prior to the effective date of that affidavit of registration.
The bill would also make conforming changes to the voter notification
format.  
   By imposing new requirements on local elections officials in
processing voter registrations and sending voter notifications, the
bill would create 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 2102 of the Elections Code,
as amended by Section 2 of Chapter 899 of the Statutes of 2000, is
repealed. 
   SEC. 2.   SECTION 1.   Section 2102 of
the Elections Code, as amended by Section 2 of Chapter 364 of the
Statutes of 2009, is amended to read:
   2102.  (a) A person  may   shall  not be
registered as a voter except by affidavit of registration. The
affidavit shall be mailed or delivered to the county elections
official and shall set forth all of the facts required to be shown by
this chapter. A properly executed registration shall be deemed
effective upon receipt of the affidavit by the county elections
official if received on or before the 15th day prior to an election
to be held in the registrant's precinct. A properly executed
registration shall also be deemed effective upon receipt of the
affidavit by the county elections official if any of the following
apply:
   (1) The affidavit is postmarked on or before the 15th day prior to
the election and received by mail by the county elections official.
   (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 
 paragraph  (1) or (2) on or before the 15th day prior to
the election.
   (b) For purposes of verifying signatures on a recall, initiative,
or referendum petition or signatures on a nomination paper or any
other election petition or election paper, a properly executed
affidavit of registration shall be deemed effective for verification
purposes if both of the following conditions are satisfied:
   (1) The affidavit is signed on the same date or a date prior to
the signing of the petition or paper.
   (2) The affidavit is received by the county elections official on
or before the date on which the petition or paper is filed.
   (c) Notwithstanding any other  provision of  law
to the contrary, the affidavit of registration required under this
chapter may not be taken under sworn oath, but the content of the
affidavit shall be certified as to its truthfulness and correctness,
under penalty of perjury, by the signature of the affiant.
   (d) A person who is at least  15   16 
years of age and otherwise meets all eligibility requirements to vote
may submit his or her affidavit of registration as prescribed by
this section. A properly executed registration made pursuant to this
subdivision shall be deemed effective as of the date the affiant will
be 18 years of age, if the information in the affidavit of
registration is still current at that time. If the information
provided by the affiant in the affidavit of registration is not
current at the time that the registration would otherwise become
effective, for his or her registration to become effective, the
affiant shall provide the current information to the proper county
elections official as prescribed by this chapter. 
  SEC. 3.    Section 2106 of the Elections Code, as
enacted by Section 2 of Chapter 920 of the Statutes of 1994, is
repealed. 
   SEC. 4.  SEC. 2.   Section 2106 of the
Elections Code, as amended by Section 3 of Chapter 364 of the
Statutes of 2009, is amended to read:
   2106.  A program adopted by a county pursuant to Section 2103 or
2105, that is designed to encourage the registration of electors,
shall, with respect to a printed literature or media announcement
made in connection with these programs, contain this statement: "A
person entitled to register to vote must be a United States citizen,
a resident of California, not in prison or on parole for the
conviction of a felony, and at least 18 years of age at the time of
the election. A person may preregister to vote if he or she is a
United States citizen, a resident of California, not in prison or on
parole for the conviction of a felony, and at least  15
  16  years of age." A county elections official
may continue to use existing materials  prior to 
 before  printing new or revised materials required by any
changes to this section. 
  SEC. 5.    Section 2150 of the Elections Code, as
amended by Section 8 of Chapter 1 of the Statutes of 2009, is
repealed. 
   SEC. 6.   SEC. 3.   Section 2150 of the
Elections Code, as amended by Chapter 364 of the Statutes of 2009, is
amended to read:
   2150.  (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 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 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  15 
 16  years of age.
   (6) The state or country of the affiant's birth.
   (7) (A) In the case of an applicant who has been issued a current
and valid driver's license, the applicant's driver's license number.
   (B) In the case of any other applicant, other than an applicant to
whom subparagraph (C) applies, the last four digits of the applicant'
s social security number.
   (C) If an applicant for voter registration has not been issued a
current and valid driver's license or a social security number, the
state shall assign the applicant a number that will serve to identify
the applicant 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. 
  SEC. 7.    Section 2205 of the Elections Code, as
enacted by Section 2 of Chapter 920 of the Statutes of 1994, is
repealed. 
   SEC. 4.    Section 2155 of the   Elections
Code   is amended to read: 
   2155.   (a)     (1)    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 National Voter Registration
Act of 1993 (42 U.S.C. Sec. 1973gg), the  county elections
official shall send the voter a voter notification.  
   (2) For a properly executed affidavit of registration made
pursuant to subdivision (d) of Section 2102, as amended by the act
adding this paragraph, the county elections official shall send the
voter notification not more than 60 days prior to the effective date
of that affidavit of registration. 
    (b)     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. 
      OR,
    
   4. A change to your registration from pending to active, because
you will be 18 and eligible to vote. 
_________________________________________________


   You may vote in any election held 15 or more days after the date
on this card.
   Your name will appear on the index kept at the polls.
    Please contact our office if   If  the
information shown on the reverse side of this card is incorrect 
, please complete a new affidavit of registration at the online
voter registration page of the Internet Web site of the Secretary of
State or contact our office  .
_________________________________________________
                (Signature of Voter)


   SEC. 8.  SEC. 5.   Section 2205 of the
Elections Code, as amended by Section 5 of Chapter 364 of the
Statutes of 2009, is amended to read:
   2205.  The local registrar of births and deaths shall notify the
county elections official not later than the 15th day of each month
of all deceased persons  15   16  years of
age and over, whose deaths were registered with him or her or of
whose deaths he or she was notified by the State Registrar of Vital
Statistics during the preceding month. This notification shall
include at least the name, sex, age, birthplace, birth date, place of
residence, and date and place of death of each decedent.
   The county elections official shall cancel the affidavit of
registration of the deceased voter. 
  SEC. 9.    Notwithstanding Section 7 of Chapter
364 of the Statutes of 2009, Sections 2, 4, 6, and 8 of this act
shall become operative on January 1, 2014. 
   SEC. 10.   SEC. 6.   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.