BILL NUMBER: AB 1436 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Feuer
JANUARY 4, 2012
An act to amend Sections 2107, 14310, and 18001 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
AB 1436, as introduced, Feuer. Voter registration.
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 conditional voter registration, using an
affidavit of registration, whereby a person would be permitted to
register to vote after the 15th day prior to an election or on
election day, and cast a provisional ballot to be counted if the
conditional voter registration is deemed effective. This bill would
provide that a conditional voter registration shall be deemed
effective only 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 registrant
has provided a form of identification deemed acceptable under the
Help America Vote Act. If a conditional voter registration is not
deemed effective pursuant to these new provisions, the elections
official would be required to process the affidavit of registration
as specified and, if the registrant meets all other eligibility
requirements to vote, the registration would be deemed effective in
forthcoming elections.
The bill would require the county elections official to offer
conditional voter registration and provisional voting at its
permanent offices, and would permit the official to offer this
registration and voting at satellite offices on election day, in
accordance with specified procedures. The bill would also require the
county elections official to cancel, as specified, duplicate voter
registrations that may arise due to conditional voter registration.
Existing law provides that upon conviction for a crime pertaining
to an election for which no fine is prescribed, the court may impose,
in addition to any prescribed imprisonment, a fine on the offender
not more than $1,000 for a misdemeanor or $10,000 for a felony.
This bill would increase the amount of that fine for a felony to
$25,000.
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. 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 A mailed affidavit is
postmarked on or before the 15th day prior to the election and
received by mail by the county elections official
before the close of the polls on election day .
(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) 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 (2)
(1) and (3) (2) on
or before the 15th day prior to the election.
SEC. 2. Article 4.5 (commencing with Section 2170) is added to
Chapter 2 of Division 2 of the Elections Code, to read:
Article 4.5. Conditional Voter Registration
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
identification, 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) A conditional voter registration shall be deemed effective
only 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 has provided at least one form of
identification deemed acceptable under the Help America Vote Act of
2002 (42 U.S.C. Sec. 15301 et seq.). If the registrant's eligibility
cannot be validated before or during the canvass period for the
election, the conditional registration shall be deemed to be not
effective.
(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 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 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 and the
registrant's identification can be validated before or during the
canvass period for the election.
(3) The elections official shall conduct the receipt and handling
of each conditional voter registration and corresponding provisional
ballot in a manner that protects the secrecy of the ballot and allows
the elections official to process the registration, to determine the
registrant's eligibility to register, and to validate the registrant'
s identification before counting or rejecting the corresponding
provisional ballot.
(4) After receiving a conditional voter registration, the
elections official shall process the registration, determine the
registrant's eligibility to register, and attempt to validate the
identification. The conditional registration shall be deemed
effective if the registrant is determined to be eligible to register
and the identification is validated and the registrant is otherwise
qualified to register to vote.
(5) If a conditional registration is deemed effective, the
elections official shall include the corresponding provisional ballot
in the official canvass.
(6) 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,
provided that the registrant meets all other eligibility requirements
to register to vote, the registration shall be deemed effective in
forthcoming elections.
(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 (6),
inclusive, of subdivision (d).
2171. (a) A conditional voter registration accepted under this
article shall include the information required by Article 4
(commencing with Section 2150).
(b) A conditional voter registration accepted under this article
shall be processed in accordance with general voter registration
procedures provided in this chapter and established by regulations
adopted by the Secretary of State.
(c) A provisional ballot cast under this article shall be subject
to the requirements for provisional voting in Article 5 (commencing
with Section 14310) of Chapter 3 of Division 14.
2172. (a) The elections official shall cancel any duplicate voter
registrations that may exist as a result of a conditional
registration deemed effective and shall cancel the duplicate
registrations in accordance with Chapter 3 (commencing with Section
2200).
(b) If it appears that a registrant 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.
SEC. 3. Section 14310 of the Elections Code is amended to read:
14310. (a) At all elections, a voter claiming to be properly
registered , but whose qualification or entitlement to
vote cannot be immediately established upon examination of the index
of registration for the precinct or upon examination of the records
on file with the county elections official, shall be entitled to vote
a provisional ballot as follows:
(1) An elections official shall advise the voter of the voter's
right to cast a provisional ballot.
(2) The voter shall be provided a provisional ballot, written
instructions regarding the process and procedures for casting the
provisional ballot, and a written affirmation
regarding the voter's registration and eligibility to vote. The
written instructions shall include the information set forth in
subdivisions (c) and (d).
(3) The voter shall be required to execute, in the presence of an
elections official, the written affirmation stating that the voter is
eligible to vote and registered in the county where the voter
desires to vote.
(b) Once voted, the voter's ballot shall be sealed in a
provisional ballot envelope, and the ballot in its envelope shall be
deposited in the ballot box. All provisional ballots voted shall
remain sealed in their envelopes for return to the elections official
in accordance with the elections official's instructions. The
provisional ballot envelopes specified in this subdivision shall be
of a color different than the color of, but printed
substantially similar to, the envelopes used for vote by mail
ballots, and shall be completed in the same manner as vote by mail
envelopes.
(c) (1) During the official canvass, the elections official shall
examine the records with respect to all provisional ballots cast.
Using the procedures that apply to the comparison of signatures on
vote by mail ballots, the elections official shall compare the
signature on each provisional ballot envelope with the signature on
the voter's affidavit of registration. If the signatures do not
compare or the provisional ballot envelope is not signed, the ballot
shall be rejected. A variation of the signature caused by the
substitution of initials for the first or middle name, or both, shall
not invalidate the ballot.
(2) (A) Provisional ballots shall not be included in any
semiofficial or official canvass, except under one or more of the
following conditions:
(i) The elections official establishes prior to the completion of
the official canvass, from the records in his or her office, the
claimant's right to vote.
(ii) The provisional ballot has been cast and included in the
canvass pursuant to Article 4.5 (commencing with Section 2170) of
Chapter 2 of Division 2.
(iii) Upon the order of a superior court in the county of the
voter's residence.
(2)
(B) Provisional ballots shall not be included
in any semiofficial or official canvass, except upon: (A) the
elections official's establishing prior to the completion of the
official canvass, from the records in his or her office, the claimant'
s right to vote; or (B) the order of a superior court in the county
of the voter's residence. A voter may seek the court order
specified in this paragraph regarding his or her own ballot at any
time prior to completion of the official canvass. Any judicial action
or appeal shall have priority over all other civil matters. No fee
shall be charged to the claimant by the clerk of the court for
services rendered in an action under this section.
(3) The provisional ballot of a voter who is otherwise entitled to
vote shall not be rejected because the voter did not cast his or her
ballot in the precinct to which he or she was assigned by the
elections official.
(A) If the ballot cast by the voter contains the same candidates
and measures on which the voter would have been entitled to vote in
his or her assigned precinct, the elections official shall count the
votes for the entire ballot.
(B) If the ballot cast by the voter contains candidates or
measures on which the voter would not have been entitled to vote in
his or her assigned precinct, the elections official shall count only
the votes for the candidates and measures on which the voter was
entitled to vote in his or her assigned precinct.
(d) The Secretary of State shall establish a free access system
that any voter who casts a provisional ballot may access to discover
whether the voter's provisional ballot was counted and, if not, the
reason why it was not counted.
(e) The Secretary of State may adopt appropriate regulations for
purposes of ensuring the uniform application of this section.
(f) This section shall apply to any vote by mail voter described
by Section 3015 who is unable to surrender his or her unvoted vote by
mail voter's ballot.
(g) Any existing supply of envelopes marked "special challenged
ballot" may be used until the supply is exhausted.
SEC. 4. Section 18001 of the Elections Code is amended to read:
18001. Upon a conviction for any crime punishable by imprisonment
in any jail or prison, in relation to which no fine is herein
prescribed, the court may impose a fine on the offender not exceeding
one thousand dollars ($1,000) in cases of misdemeanors or
ten up to twenty-five thousand dollars
($10,000) ($25,000) in cases of felonies, in
addition to the imprisonment prescribed.
SEC. 5. 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.