California Assembly Bill AB1415 Amended / Bill

 BILL NUMBER: AB 1415AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 13, 2009 INTRODUCED BY Assembly Member Adams  (   Principal coauthor:   Senator   Runner   )  FEBRUARY 27, 2009 An act to amend Sections 2101 and 3011 of, and to add Sections 3020.5 and 14216.5 to, the Elections Code, and to add Section 14902.5 to the Vehicle Code, relating to elections. LEGISLATIVE COUNSEL'S DIGEST AB 1415, as amended, Adams. Elections: voting procedures. (1) Existing law specifies the qualifications for registration as a voter and excludes from eligibility a person in prison or on parole for the conviction of a felony. Under existing law, a person who willfully allows himself or herself, or another person, to register as a voter knowing that the registration qualifications are not met, is guilty of a crime. This bill would additionally make a person on probation for the conviction of a felony not eligible to register to vote, and would  provide that a prohibition against voting is a condition of imprisonment, parole, or probation for conviction of a felony   require elections officials to cancel the voter registration of persons convicted of a felony upon notification of the conviction   from the court  .  Because the bill would create new crimes, it would impose a state-mandated local program.  (2) Existing law requires that the identification envelope for returning a vote by mail ballot contain specified information and that a vote by mail ballot be received by the issuing elections official or the precinct board no later than the close of polls on election day. This bill would additionally require that the identification envelope include  a verification panel, concealed during mailing, setting forth  the last 4 digits of the voter's California driver's license or identification card number or, if unavailable, the last 4 digits of the voter's social security number  and a security flap that would conceal voter's identification information during mailing  . The bill would require the Department of Motor Vehicles to waive the fee for an identification card requested to satisfy this provision. The bill would require the elections official to verify the accuracy of the identification information before counting the vote. The bill would make an exception from the deadline for returning a vote by mail ballot for specified members of the military stationed outside of the United States, instead requiring that their vote by mail ballot be postmarked on or before election day and received by their elections official not later than 21 days after election day. Because the bill would impose additional duties on elections officials, it would impose a state-mandated local program. (3) Existing law requires that a person desiring to vote announce his or her name and address to a precinct worker at the polling place. This bill would also require a person who desires to vote to show specified proof of identification. The bill would authorize a person who does not have proof of identification to vote a provisional ballot after completing an affidavit under penalty of perjury that he or she is a registered voter. The bill would require the Department of Motor Vehicles to waive the fee for an identification card requested for satisfying the voter identification requirement. By imposing additional duties on elections officials and creating new crimes, the bill 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. 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.   This act shall be known and may be cited as the Vote SAFE: Secure and Fair Elections Act.   SECTION 1.   SEC. 2.  Section 2101 of the Elections Code is amended to read: 2101. (a) A person entitled to register to vote shall be a United States citizen, a resident of California, not in prison or on parole or probation for the conviction of a felony, and at least 18 years of age at the time of the next election.  (b) A prohibition against voting while imprisoned for, or on parole or probation for, the conviction of a felony shall be a condition of that imprisonment, parole, or probation.   (b) "Conviction of a felony" for purposes of this section means conviction of a felony offense which results in incarceration in prison or parole or felony probation.   (c) The chief elections official of each county shall upon notice of the clerk of the superior court cancel affidavits of registration of all persons who have been convicted of a felony as defined in subdivision (b).   SEC. 2.   SEC. 3.  Section 3011 of the Elections Code is amended to read: 3011. (a) The identification envelope shall contain all of the following information: (1) A declaration, under penalty of perjury, stating that the voter resides within the precinct in which he or she is voting and is the person whose name appears on the envelope. (2) The signature of the voter  and the last four digits of the voter's California driver's license number or California identification card number, or if the voter has neither, the last four digits of the voter's social security number. The signature and numeric identifying information must be verified as consistent with the   voter's state or federal records, prior to counting the ballot  . (3) The residence address of the voter as shown on the affidavit of registration. (4) The date of signing. (5) A notice that the envelope contains an official ballot and is to be opened only by the canvassing board  if the signature and numeric identifying information are verified  . (6) A warning plainly stamped or printed on it that voting twice constitutes a crime. (7) A warning plainly stamped or printed on it that the voter must sign the  verification panel, described in paragraph (12),   envelope  in his or her own handwriting in order for the ballot to be counted. (8) A statement that the voter has neither applied, nor intends to apply, for a vote by mail voter's ballot from any other jurisdiction for the same election. (9) The name of the person authorized by the voter to return the vote by mail ballot pursuant to Section 3017. (10) The relationship to the voter of the person authorized to return the vote by mail ballot. (11) The signature of the person authorized to return the vote by mail ballot.  (12) A verification panel, concealed during mailing, requiring the last four digits of the voter's California driver's license number or California identification card number or, if neither is available, the last four digits of the voter's social security number.   (12) A security flap or sleeve to conceal the voter's signature and identifying information during mailing.  (b) Except at a primary election for partisan office, and notwithstanding any other provision of law, the vote by mail voter's party affiliation may not be stamped or printed on the identification envelope. (c) (1)    An elections official shall verify that the information provided pursuant to paragraph (12) of subdivision (a) is from the California driver's license or California identification card or social security number issued to the voter submitting the vote by mail ballot before the vote may be counted.  (2) Paragraph (1) shall not apply to a valid ballot cast pursuant to the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. Sec. 1973ff-1 et seq.).   SEC. 3.   SEC. 4.  Section 3020.5 is added to the Elections Code, to read: 3020.5. Notwithstanding Section 3020, 3311, or 4103, or any other provision of law, a vote by mail ballot of a member of the Armed Forces of the United States  or any auxiliary branch thereof who is stationed outside of the territorial limits of the United States or the District of Columbia shall be cast and postmarked by the United States Postal Service or the Military Postal Service Agency   who is an "absent uniformed services voter," as defined in subsection (1) of Section 1973ff-6 of Title 42 of the United States Code, shall be timely cast if postmarked or signed and dated  on or before election day and  shall be  received by the voter's elections official not later than 21 days after election day.  SEC. 4.   SEC. 5.  Section 14216.5 is added to the Elections Code, to read: 14216.5. (a) Prior to receiving a ballot, a voter shall present to a member of the precinct board proof of identification that satisfies all of the following requirements: (1) The document shows the name of the individual to whom the document was issued, and the name conforms to the name in the individual's voter registration record. (2) The document shows a photograph of the individual  to whom the document was issued   presenting the identification  . (3) The document includes an expiration date, and the document is not expired at the time of voting or  it expired after the date of the most recent   expired less than two years prior to the  general election. (4) The document was issued by the United States or the State of California  or is a valid tribal member identification card issued by an Indian tribe recognized by the United States government  . (b) If a voter is unable to, or refuses to, provide proof of identification pursuant to subdivision (a), he or she may execute a declaration, certified  as to its truthfulness and correctness   to be correct  under penalty of perjury, declaring that he or she is registered to vote. Upon execution of the declaration, the voter shall be issued a provisional ballot pursuant to Section 14310  and an envelope to be completed in the same manner as a vote by mail envelope  .  SEC. 5.   SEC. 6.  Section 14902.5 is added to the Vehicle Code, to read: 14902.5.  Notwithstanding any other provision of law, the   The  fee for an original or replacement identification card shall be waived for a person who requests the identification card for purposes of satisfying the requirement of Section 3011 or 14216.5 of the Elections Code. SEC. 6. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. However, if the Commission on State Mandates determines that this act contains other 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.