SB 361, as amended, Padilla. Elections: voter registration.
(1) Existing law specifies various duties of the Secretary of State with regard to the electoral process.
This bill would place additional requirements on the Secretary of State to provide the capability for a voter to check the status of the voter’s registration, find the location of the voter’s polling place, check the status of a vote by mail ballot, and check the status of a voter’s provisional ballot on the Secretary of State’s Internet Web site, as specified.
(2) Existing law provides for voter residency confirmation procedures based on change-of-address information, as specified, in cases where the voter has moved to a new address within the same county or to another county.
This bill would, for the purpose of maintaining accurate voter registration records, authorize the Secretary of State to enter into agreements with other states to share voter information or data pertaining to voters who have permanently moved to other states.
(3) Existing law, the federal National Voter Registration Act of 1993, requires each state to establish procedures to register voters by application in person at certain federal, state, or nongovernmental agencies designated by state law as voter registration agencies. Existing law requires voter registration agencies, with each application for service or assistance and with each recertification, renewal, or change of address form relating to the service or assistance, to perform specified tasks related to voter registration.
This bill would require a voter registration agency to provide the Secretary of State with information or data pertaining to an applicant’s address for the purpose of maintaining accurate voter registration records. By requiring local agencies to perform additional duties, this bill would impose a state-mandated local program.
begin insert(4) This bill would 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.
end insertbegin insert(5)end insertbegin insert end insert 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 2169 is added to the Elections Code, 2following Section 2168, to read:
The Secretary of State shall provide on his or her Internet
4Web site the capability for a voter to check the status of the voter’s
5registration.
Section 2228 is added to the Elections Code, to read:
Notwithstanding any other law and for the purpose of
8maintaining accurate voter registration records, the Secretary of
9State may enter into agreements with other states to share
10information or data pertaining to voters who have permanently
11moved to other states as described in Section 2022 or 2023.
Section 2403 of the Elections Code is amended to read:
(a) A voter registration agency shall comply with the
14applicable duties and responsibilities of a voter registration agency
P3 1set forth in the federal National Voter Registration Act of 1993
2(42 U.S.C. Sec. 1973gg et seq.).
3(b) A voter registration agency, with each application for service
4or assistance and with each recertification, renewal, or change of
5address form relating to the service or assistance, and in accordance
6with the federal National Voter Registration Act of 1993 (42 U.S.C.
7Sec. 1973gg et seq.), shall do all of the following:
8(1) Provide the applicant with all of the following:
9(A) A voter preference form.
10(B) A voter registration card, unless the applicant, in writing,
11declines to register to vote.
12(C) Assistance in completing the voter registration card, unless
13the applicant refuses the assistance.
14(2) Notwithstanding any other law, provide the Secretary of
15State with information or data pertaining to the applicant’s address
16for the purpose of maintaining accurate voter registration records.
17(c) For purposes of paragraph (1) of subdivision (b), an
18applicant’s failure to respond to the question of whether he or she
19would like to register to vote does not constitute a declination to
20
register.
Section 3017 of the Elections Code is amended to read:
(a) All vote by mail ballots cast under this division shall
23be voted on or before the day of the election. After marking the
24ballot, the vote by mail voter shall do either of the following: (1)
25return the ballot by mail or in person to the elections official from
26whom it came or (2) return the ballot in person to a member of a
27precinct board at a polling place within the jurisdiction. However,
28a vote by mail voter who is unable to return the ballot may
29designate his or her spouse, child, parent, grandparent, grandchild,
30brother, sister, or a person residing in the same household as the
31vote by mail voter to return the ballot to the elections official from
32whom it came or to the precinct board at a polling place within
33the jurisdiction. The ballot
must, however, be received by either
34the elections official from whom it came or the precinct board
35before the close of the polls on election day.
36(b) The elections official shall establish procedures to ensure
37the secrecy of a ballot returned to a precinct polling place and the
38security, confidentiality, and integrity of any personal information
39collected, stored, or otherwise used pursuant to this section.
P4 1(c) (1) On or before March 1, 2008, the elections official shall
2establish procedures to track and confirm the receipt of voted vote
3by mail ballots and to make this information available by means
4of online access using the county’s elections division Internet Web
5site. If the county does not have an elections division Internet Web
6site, the elections
official shall establish a toll-free telephone
7number that may be used to confirm the date a voted vote by mail
8ballot was received.
9(2) The Secretary of State shall provide on his or her Internet
10Web site the capability for a vote by mail voter to check the status
11of the voter’s vote by mail ballot to discover whether the ballot
12was counted and, if not, the reason why it was not counted.
13(d) The provisions of this section are mandatory, not directory,
14and a ballot shall not be counted if it is not delivered in compliance
15with this section.
16(e) Notwithstanding subdivision (a), a vote by mail voter’s ballot
17shall not be returned by a paid or volunteer worker of a general
18purpose committee, controlled committee, independent
expenditure
19committee, political party, candidate’s campaign committee, or
20any other group or organization at whose behest the individual
21designated to return the ballot is performing a service. However,
22this subdivision does not apply to a candidate or a candidate’s
23spouse.
Section 12106.5 is added to the Elections Code, to
25read:
The Secretary of State shall provide on his or her
27Internet Web site the capability for a voter to find the location of
28his or her polling place.
Section 14310 of the Elections Code, as amended by
30Section 1 of Chapter 611 of the Statutes of 2009, is amended to
31read:
(a) At all elections, a voter claiming to be properly
33registered, but whose qualification or entitlement to vote cannot
34be immediately established upon examination of the index of
35registration for the precinct or upon examination of the records on
36file with the county elections official, shall be entitled to vote a
37provisional ballot as follows:
38(1) An elections official shall advise the voter of the voter’s
39right to cast a provisional ballot.
P5 1(2) The voter shall be provided a provisional ballot, written
2instructions regarding the process and procedures for casting the
3provisional ballot, and a written affirmation regarding
the voter’s
4registration and eligibility to vote. The written instructions shall
5include the information set forth in subdivisions (c) and (d).
6(3) The voter shall be required to execute, in the presence of an
7elections official, the written affirmation stating that the voter is
8eligible to vote and registered in the county where the voter desires
9to vote.
10(b) Once voted, the voter’s ballot shall be sealed in a provisional
11ballot envelope, and the ballot in its envelope shall be deposited
12in the ballot box. All provisional ballots voted shall remain sealed
13in their envelopes for return to the elections official in accordance
14with the elections official’s instructions. The provisional ballot
15envelopes specified in this subdivision shall be a color different
16than the color of, but
printed substantially similar to, the envelopes
17used for vote by mail ballots, and shall be completed in the same
18manner as vote by mail envelopes.
19(c) (1) During the official canvass, the elections official shall
20examine the records with respect to all provisional ballots cast.
21Using the procedures that apply to the comparison of signatures
22on vote by mail ballots, the elections official shall compare the
23signature on each provisional ballot envelope with the signature
24on the voter’s affidavit of registration. If the signatures do not
25compare or the provisional ballot envelope is not signed, the ballot
26shall be rejected. A variation of the signature caused by the
27substitution of initials for the first or middle name, or both, shall
28not invalidate the ballot.
29(2) Provisional ballots shall not be included in any semiofficial
30or official canvass, except upon: (A) the elections official’s
31establishing prior to the completion of the official canvass, from
32the records in his or her office, the claimant’s right to vote; or (B)
33the order of a superior court in the county of the voter’s residence.
34A voter may seek the court order specified in this paragraph
35regarding his or her own ballot at any time prior to completion of
36the official canvass. Any judicial action or appeal shall have
37priority over all other civil matters. No fee shall be charged to the
38claimant by the clerk of the court for services rendered in an action
39under this section.
P6 1(3) The provisional ballot of a voter who is otherwise entitled
2to vote shall not be rejected because the voter did not cast his or
3her ballot in the
precinct to which he or she was assigned by the
4elections official.
5(A) If the ballot cast by the voter contains the same candidates
6and measures on which the voter would have been entitled to vote
7in his or her assigned precinct, the elections official shall count
8the votes for the entire ballot.
9(B) If the ballot cast by the voter contains candidates or
10measures on which the voter would not have been entitled to vote
11in his or her assigned precinct, the elections official shall count
12only the votes for the candidates and measures on which the voter
13was entitled to vote in his or her assigned precinct.
14(d) (1) The Secretary of State shall establish a free access
15system on his or her Internet Web site
that allows any voter who
16casts a provisional ballot to discover whether the voter’s
17provisional ballot was counted and, if not, the reason why it was
18not counted.
19(2) The requirements of paragraph (1) shall not be satisfied by
20providing hyperlinks, or otherwise referring voters, to the free
21access systems established by county elections officials.
22(e) The Secretary of State may adopt appropriate regulations
23for purposes of ensuring the uniform application of this section.
24(f) This section shall apply to any vote by mail voter described
25by Section 3015 who is unable to surrender his or her unvoted vote
26by mail voter’s ballot.
27(g) Any existing supply of
envelopes marked “special challenged
28ballot” may be used until the supply is exhausted.
Section 14310 of the Elections Code, as amended by
30Section 3 of Chapter 497 of the Statutes of 2012, is amended to
31read:
(a) At all elections, a voter claiming to be properly
33registered, but whose qualification or entitlement to vote cannot
34be immediately established upon examination of the index of
35registration for the precinct or upon examination of the records on
36file with the county elections official, shall be entitled to vote a
37provisional ballot as follows:
38(1) An elections official shall advise the voter of the voter’s
39right to cast a provisional ballot.
P7 1(2) The voter shall be provided a provisional ballot, written
2instructions regarding the process and procedures for casting the
3ballot, and a written affirmation regarding the voter’s
registration
4and eligibility to vote. The written instructions shall include the
5information set forth in subdivisions (c) and (d).
6(3) The voter shall be required to execute, in the presence of an
7elections official, the written affirmation stating that the voter is
8eligible to vote and registered in the county where the voter desires
9to vote.
10(b) Once voted, the voter’s ballot shall be sealed in a provisional
11ballot envelope, and the ballot in its envelope shall be deposited
12in the ballot box. All provisional ballots voted shall remain sealed
13in their envelopes for return to the elections official in accordance
14with the elections official’s instructions. The provisional ballot
15envelopes specified in this subdivision shall be of a color different
16than the color of, but printed
substantially similar to, the envelopes
17used for vote by mail ballots, and shall be completed in the same
18manner as vote by mail envelopes.
19(c) (1) During the official canvass, the elections official shall
20examine the records with respect to all provisional ballots cast.
21Using the procedures that apply to the comparison of signatures
22on vote by mail ballots, the elections official shall compare the
23signature on each provisional ballot envelope with the signature
24on the voter’s affidavit of registration. If the signatures do not
25compare or the provisional ballot envelope is not signed, the ballot
26shall be rejected. A variation of the signature caused by the
27substitution of initials for the first or middle name, or both, shall
28not invalidate the ballot.
29(2) (A) Provisional ballots shall not be included in any
30semiofficial or official canvass, except under one or more of the
31following conditions:
32(i) The elections official establishes prior to the completion of
33the official canvass, from the records in his or her office, the
34claimant’s right to vote.
35(ii) The provisional ballot has been cast and included in the
36canvass pursuant to Article 4.5 (commencing with Section 2170)
37of Chapter 2 of Division 2.
38(iii) Upon the order of a superior court in the county of the
39voter’s residence.
P8 1(B) A voter may seek the court order specified in this paragraph
2regarding his or her own
ballot at any time prior to completion of
3the official canvass. Any judicial action or appeal shall have
4priority over all other civil matters. No fee shall be charged to the
5claimant by the clerk of the court for services rendered in an action
6under this section.
7(3) The provisional ballot of a voter who is otherwise entitled
8to vote shall not be rejected because the voter did not cast his or
9her ballot in the precinct to which he or she was assigned by the
10elections official.
11(A) If the ballot cast by the voter contains the same candidates
12and measures on which the voter would have been entitled to vote
13in his or her assigned precinct, the elections official shall count
14the votes for the entire ballot.
15(B) If the
ballot cast by the voter contains candidates or
16measures on which the voter would not have been entitled to vote
17in his or her assigned precinct, the elections official shall count
18only the votes for the candidates and measures on which the voter
19was entitled to vote in his or her assigned precinct.
20(d) (1) The Secretary of State shall establish a free access
21system on his or her Internet Web site that allows any voter who
22casts a provisional ballot to discover whether the voter’s
23provisional ballot was counted and, if not, the reason why it was
24not counted.
25(2) The requirements of paragraph (1) shall not be satisfied by
26providing hyperlinks, or otherwise referring voters, to the free
27access systems established by county elections officials.
28(e) The Secretary of State may adopt appropriate regulations
29for purposes of ensuring the uniform application of this section.
30(f) This section shall apply to any vote by mail voter described
31by Section 3015 who is unable to surrender his or her unvoted vote
32by mail voter’s ballot.
33(g) Any existing supply of envelopes marked “special challenged
34ballot” may be used until the supply is exhausted.
If the Commission on State Mandates determines that
36this act contains costs mandated by the state, reimbursement to
37local agencies and school districts for those costs shall be made
38pursuant to Part 7 (commencing with Section 17500) of Division
394 of Title 2 of the Government Code.
Sections 1 to 8, inclusive, of this bill shall become
2operative only if the Secretary of State certifies that the state has
3a statewide voter registration database that complies with the
4requirements of the federal Help America Vote Act of 2002 (42
5U.S.C. Sec. 15301 et seq.).
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