BILL NUMBER: SB 1140	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 5, 2010

INTRODUCED BY   Senator Yee
   (Principal coauthor: Senator Oropeza)
    (   Coauthor:   Assembly Member  
Jones   ) 

                        FEBRUARY 18, 2010

   An act to amend Section 2107 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


   SB 1140, as amended, Yee. Voter registration  : one-stop
voting  .
   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.
   This bill would establish one-stop voting where a person would be
permitted to register to vote and immediately vote on election day or
at any time prior to election day when ballots may be cast. The bill
would require a voter, in order to register and vote by means of
one-stop voting, to visit a location at which one-stop voting is
available, to present proof of identity and current residence, as
specified, and to complete an affidavit of registration. Upon
completing that registration, the voter would be immediately eligible
to vote by regular ballot. If the voter is unable to complete that
registration because the voter is unable to present proof of identity
or proof of current residence, the voter would be permitted to
register and vote by  a vote by mail  
provisional  ballot. The bill would require each county
elections official to compile an index of voters who register to vote
by one-stop voting. After the official canvass of the votes for that
election is completed, the elections official would be required to
review the names on the index and cancel duplicate registrations. The
elections official would be required to send a voter registration
form to every person who properly registered to vote by one-stop
voting, and those persons would be registered for future elections
 at the address that the voter declared for purposes of voter
registration  . The elections official would be required to
notify the district attorney and the Secretary of State if it appears
that a person has engaged in fraudulent voting. The bill would
require that one-stop voting be available at every permanent office
of a county elections official beginning in 2011  , at every
location in each county at which early voting is available beginning
in 2012, and at every polling place at which VoteCal, as defined, is
available, provided that there is   . Commencing in
2013, if VoteCal, as defined, is approved by the Secretary of State
  for use at polling places   ,   each
county would be required to establis   h  at least one
location for every 100,000 electors,  beginning in 2013
  or ensure that every voter residence is within 10
miles of such a site  . In addition, the bill would require that
each location at which one-stop voting is available have a separate
area for the process and have at least one precinct board member who
is trained in one-stop voting. The bill would further require the
Secretary of State and local elections officials to make efforts to
educate voters about one-stop voting. The bill would authorize the
Secretary of State to adopt appropriate regulations to implement
one-stop registration and voting.
   By creating 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, 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.  The Legislature finds and declares all of the
following:
   (a) It is a fundamental principle of the United States that the
people shall have access to our systems of democracy without barriers
to their participation.
   (b) California currently ranks 41st out of 50 states in voter
turnout. 
   (c) At the November 4, 2008, statewide general election,
California experienced its largest voter turnout, as well as the
greatest number of persons--798,332--who cast provisional ballots
because of uncertainty about their registration status. While 82
percent of those provisional ballots were ultimately counted, the
county investment of staff overtime and resources to process these
ballots was enormous. At the same time, a significant portion of the
provisional ballots that were not counted resulted from the failure
to timely register. One-stop registration and voting would help
alleviate the staff overtime costs associated with processing
numerous provisional ballots for counties.  
   (c) 
    (d)  One-stop voting, without unnecessary steps, can
significantly increase turnout. The nine states that have enacted
one-stop voting lead the nation in voter turnout. 
   (d) 
    (e)  The more people who vote, the more clearly the
public's voice is heard. 
   (e) 
    (f)  California's registration procedures have not kept
up with available technology to maximize the efficiency of the voting
process. 
   (f) 
    (g)  It is vital that California make every effort to
maintain the integrity of our democracy by ensuring that every
eligible voter may vote on election day.
  SEC. 2.  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 to be held. Transfers of registration
for an election may be made from one precinct to another precinct
 in the same county  at any time when 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) 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 National Voter Registration Act
of 1993 (42 U.S.C. Sec. 1973gg) 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. 3.  Article 4.5 (commencing with Section 2170) is added to
Chapter 2 of Division 2 of the Elections Code, to read:

      Article 4.5.  Registration and Voting at One-Stop Voting Sites


   2170.  For purposes of this article, "VoteCal" means the statewide
voter registration database established by the Secretary of State
and referred to by that designation.
   2171.  (a) In addition to other methods of voter registration
provided by this code, an elector who is otherwise qualified to vote
under this code and Section 2 of Article II of the California
Constitution may register or reregister to vote at a one-stop voting
site pursuant to this article and may immediately thereafter cast a
ballot on the day of an election or at any time prior to the election
during which ballots may be cast pursuant to existing law.
   (b) An elector who is not currently registered to vote in a county
may not register to vote and cast a regular ballot in that county
pursuant to this article unless the elector complies with all of the
following:
   (1) The elector visits, on election day or at any time during the
period prior to the election during which ballots may be cast, a
location at which the county elections official in the county in
which the voter resides has made one-stop voting available.
   (2) The elector presents proof of identity and proof of current
residence.
   (3) The elector completes an affidavit of registration.
   (c) For purposes of this article, proof of identity and proof of
current residence shall be consistent with Section 303(b) of the
federal Help America Vote Act of 2002 (42 U.S.C. Sec. 15483(b)) and
shall consist of either of the following:
   (1) A photo identification with a current name and address, which
may include one of the following:
   (A) Driver's license or identification card of any state.
   (B) Passport.
   (C) Military identification card.
   (D) A photo identification card designated  by the
California state plan submitted to demonstrate compliance with the
federal   in the regulations of the Secretary of State,
as set forth in Section 20107 of Title 2 of the California Code of
Regulations, as last amended and filed with the Secretary of State
November 7, 2005, specifying standards   for proof of
identity or residence when proof is required by the federal 
Help America Vote Act of 2002 (42 U.S.C. Sec. 15301 et seq.).
   (2) A photo identification without a current address from the list
in paragraph (1) and proof of current residence based on a document
that includes the name and current address of the individual
presenting it, and is dated since the date of the last statewide
general election, unless the document is intended to be  of a
permanent nature such as a pardon or discharge. The document
  a permanent, one-time government document. The
document  may include any proof of residence document designated
 by the California state plan submitted to demonstrate
compliance with   in the regulations of the Secretary of
State, as set forth in Section 20107 of Title 2 of the California
Code of Regulations, as last amended and filed with the Secretary of
State November 7, 2005, specifying standards for proof of identity or
residence when proof is required by  the federal Help America
Vote Act of 2002 (42 U.S.C. Sec. 15301 et seq.)
   (d) A county elections official shall accept an affidavit of
registration executed pursuant to this article that includes the
current place of residence and other information required by Article
4 (commencing with Section 2150). 
   (e) Notwithstanding any other provision of this article, the
successful validation of all of the following shall suffice to
constitute the elector's proof of identity for purposes of
subdivision (b):  
   (e) County elections officials shall accept the following as the
elector's proof of identity for purposes of subdivision (b) if the
information can be successfully validated: 
   (1) The elector's name.
   (2) The elector's date of birth.
   (3) Either the elector's driver's license number or the last four
digits of the elector's social security number.
   2172.  (a) An elector who satisfies all the requirements of
 Section 2171 may vote by regular ballot.  
Section 2171, and who is verified as not having been previously
registered in California, may vote by regular ballot. Otherwise, an
elector shall vote by provisional ballot. 
   (b) If an elector is unable to satisfy the requirements of
paragraph (2) of subdivision (b) of Section 2171, the elector may
 vote by vote by mail ballot in accordance with Chapter 1
(commencing with Section 3000) of Division 3 and Chapter 2
(commencing with Section 15100) of Division 15. No vote by mail
  vote by provisional ballot. No provisional 
ballot cast pursuant to this article may be counted unless and until
the elector's voter registration is processed, verified, and
completed, as provided in Article  1 (commencing with Section
2100).   5 (commencing with Section 14310) of Chapter 3
of Division 14. 
   (c) An elections official shall handle each ballot cast pursuant
to this article in a manner that protects the secrecy of the ballot.
   (d) It is the intent of the Legislature that each county elections
official make every effort to provide for voting pursuant to this
article by regular ballot.
   2173.  (a) Each county elections official shall compile an index
of voters who register for an election pursuant to this article.
After the official canvass of the votes for that election is
completed, the elections official shall review the names on the index
and, if any registration executed pursuant to this article is
discovered to be a duplicate registration, the elections official
shall cancel any duplicate voter registrations that may exist, as
provided in Chapter 3 (commencing with Section 2200).
   (b) After an election, the elections official shall send a voter
notification form to each person who properly registered to vote for
that election pursuant to this article. Each voter who is sent that
notice shall be registered for future elections at the address at
which the voter is registered. The affidavit of registration of any
person whose voter notification form is returned by the post office
as undeliverable shall be processed in accordance with the procedures
set forth in Section 2221.
   (c) If it appears that any voter who registered to vote pursuant
to this article 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. 
   (d) Voter registration pursuant to this article shall not be used
for purposes of the determination of precincts as set forth in
Chapter 3 (commencing with Section 12200) of Division 12. 
   2174.  One-stop voting shall be available in each county in
accordance with the following schedule:
   (a) Beginning January 1, 2011, one-stop voting shall be available
at every permanent office of a county elections official. 
   (b) Beginning January 1, 2012, one-stop voting shall be available
at every location in each county at which early voting is available.
 
   (c) Beginning January 1, 2013, one-stop voting shall be available
at every polling place at which VoteCal is available, and each county
shall establish at least one location at which one-stop voting is
available for every 100,000 electors.  
   (b) Beginning January 1, 2013, if VoteCal is approved by the
Secretary of State for use at polling places, each county shall
either establish at least one location at which one-stop voting is
available for every 100,000 voters or ensure that every voter
residence is within 10 miles of such a location, at the discretion of
the county registrar of voters. 
   2175.  (a) Each location at which one-stop voting is available
shall have a separate area dedicated to one-stop voting. At least one
precinct board member at each of those locations shall be trained
prior to the election in one-stop voting procedures and shall be
assigned to conduct one-stop voting. One-stop voting shall be
conducted in a manner that does not interfere with or delay voting by
persons previously registered to vote.
   (b) Each one-stop voting location shall provide, in a conspicuous
location in the area designated for voter registration, a poster that
includes all of the following information:
   (1) A statement that the law provides for one-stop registration
and voting.
   (2) A description of the eligibility requirements for registration
and voting.
   (3) A description of the types of documents that may be used to
demonstrate proof of current residence.
   (4) A statement that registration documents are signed under
penalty of perjury and that any fraudulent statement made in
connection with registering to vote may subject the person to
criminal prosecution.
   (c) In addition to the poster specified in subdivision (b), the
same information shall be available in written form for distribution
at each one-stop voting location in any languages in which the ballot
and voter registration materials are required to be available.
   (d) The Secretary of State and each elections official shall
educate voters about one-stop voting and  shall include in
all existing voter education efforts information about the
availability of one-stop voting, including   provide
information about availability and  locations where one-stop
voting may be executed. Information about one-stop voting shall be
available in languages other than English as required by existing law
relating to registration and voting materials.
   2176.  The Secretary of State may adopt appropriate regulations
for purposes of ensuring the uniform application of this article.
  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.