California Senate Bill SB1061 Amended / Bill

 BILL NUMBER: SB 1061AMENDED BILL TEXT AMENDED IN SENATE MARCH 28, 2014 INTRODUCED BY Senator Block FEBRUARY 18, 2014 An act to amend Sections 105, 2026, 2033, 2102, 2119, 2137, 2141, 2142, 2151, 2156, 2165, 2166, 2166.5, 2166.7, 2167, 2180, 2181, 2183, 2187, 2189, 2190, 2194, 2200, 2202, 2203, 2204, 2205, 2206, 2212, 2221, 3006, 3007.5, 3009, 3011, 3013, 3019, 3021, 3501, 9094, 14310, 16442, 16462, 17000, and 17001 of, and to add Sections 2101.5, 2101.6, and 2155.1 to, the Elections Code, to amend Sections 6254.4, 23365, 23374.13, and 57051 of the Government Code, to amend Section 12950.5 of, and to add Section 12500.5 to, the Vehicle Code, and to amend Section 60211 of the Water Code, relating to elections. LEGISLATIVE COUNSEL'S DIGEST SB 1061, as amended, Block. Elections: voter registration. Under existing law, a person qualified to vote may only register to vote by completing an affidavit of registration. This bill would provide that all persons not already registered to vote who are qualified to be registered to vote and who complete an application for a new or renewed California driver's license, instruction permit, junior permit, or identification card with the Department of Motor Vehicles shall be registered to vote  , unless   if  the person  declines     provides   written consent  to be registered to vote  , as specified  . Persons registered to vote under these provisions would be registered as having no party preference. If the person named on the application or form would not be 18 years of age at the time of the next election but otherwise satisfies the requirements to be registered to vote, he or she would be automatically registered to vote at the time that he or she will be 18 years of age by the time of the next election , unless   if  the person  declines   provides written consent  to be registered to vote on the application or form  , as specified  . The bill would require the Department of Motor Vehicles to send  a duplicate   an electronic copy  of each of these documents  ,   with any information that is not required to register to vote redacted,  to the elections official of the county in which the person named on the document resides, unless the person has not filled out the form in its entirety, has not supplied sufficient information to indicate that he or she satisfies the requirements to be registered to vote, declines to be registered to vote, or has indicated on the form that he or she is already registered to vote. The bill would require the Department of Motor Vehicles to keep the information collected confidential, unless the law requires otherwise. The bill would require the elections official to maintain these documents for voters who qualify to be registered to vote under the bill in a manner identical to which the affidavits of registration are maintained. Under existing law, affidavits of registration are used to verify the residence of a voter, to verify the signature of a voter, and to verify the political affiliation of a voter. Existing law requires a county elections official to maintain the affidavits of registration for voters within the county, to maintain a voter registration index based upon the valid affidavits of registration for voters within the county, to keep voter information listed on the affidavit of registration confidential in certain circumstances, and to cancel the affidavits of registration for persons who are no longer qualified to vote. Existing law permits a county elections official to duplicate uncanceled affidavits of registration for the voters in the county and to store the information contained in the affidavits of registration by way of data processing equipment. Existing law requires the county elections official to maintain canceled affidavits of voter registration, as prescribed. This bill would require that the completed applications of the Department of Motor Vehicles that cause a voter to become registered to vote be used for verification purposes in the same manner as affidavits of registration, with the exception of political party preference. The bill would also require that the completed applications of the Department of Motor Vehicles be maintained in the same manner as affidavits of registration, be included in the preparation of the voter index, be kept confidential in certain circumstances in the same manner as affidavits of registration, and be canceled in the same manner as affidavits of registration. The bill would permit a county elections official to duplicate completed applications of the Department of Motor Vehicles that cause voters to become registered to vote and to store the information contained in the applications and forms by way of data processing equipment. The bill would require the county elections official to maintain canceled applications and forms that cause voters to be registered to vote. Because the bill would require elections officials to provide a higher level of service, it 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 105 of the Elections Code is amended to read: 105. (a) For purposes of verifying a signature on an initiative, referendum, recall, nomination, or other election petition or paper, the elections official shall determine that the residence address on the petition or paper is the same as the residence address on the affidavit of registration or  the duplicate of  the document that caused the voter to be registered to vote pursuant to subdivision (a) of Section 2101.5. If the addresses are different, or if the petition or paper does not specify the residence address, or, in the case of an initiative or referendum petition, if the information specified in Section 9020 is not contained in the petition, the affected signature shall not be counted as valid. (b) A signature invalidated pursuant to this section shall not affect the validity of another valid signature on the particular petition or paper. SEC. 2. Section 2026 of the Elections Code is amended to read: 2026. The domicile of a Member of the Legislature or a Representative in the Congress of the United States shall be conclusively presumed to be at the residence address indicated on that person's currently filed affidavit of registration or  the duplicate of  the document that caused the voter to be registered to vote pursuant to subdivision (a) of Section 2101.5. SEC. 3. Section 2033 of the Elections Code is amended to read: 2033. Whenever the house number or the mailing address of a voter has been changed and the voter's domicile is the same, the public agency authorizing the change shall notify the county elections official in writing of the change and the county elections official shall make the change on the voter's registration and a new registration shall not be required. SEC. 4. Section 2101.5 is added to the Elections Code, to read: 2101.5. (a) A person who is not  currently  registered to vote and properly completes an application for a new or renewed California driver's license, instruction permit, junior permit, or identification card  and  who satisfies the requirements to be registered to vote shall be registered to vote  , unless   if  that person  declines   provides written consent  to be registered to vote  on   by signing the statement in  the application  , as provided in paragraph (3) of subdivision (a) of Section 12500.5 of the Vehicle Code  . A person who is not currently registered to vote and properly completes an application for a new or renewed California driver's license, instruction permit, junior permit, or identification card  and  who will not be 18 years of age at the time of the next election but otherwise satisfies the requirements to be registered to vote shall be automatically registered to vote at the time that he or she will be 18 years of age by the time of the next election  , unless   if  that person  declines   provides written consent  to be registered to vote  on   by signing the statement in  the application  , as provided in paragraph (3) of subdivision (a) of Section 12500.5 of the Vehicle Code  . (b) A person may register to vote by completing an affidavit of registration as provided for by this chapter. (c) A person who is registered to vote pursuant to subdivision (a) shall be registered as having no party preference. For purposes of this code, a person who is registered pursuant to subdivision (a) shall be treated as if he or she has declined to state a party preference on the affidavit of registration pursuant to Section 2151. (d) If a person who does not satisfy the requirements to be registered to vote is registered to vote pursuant to subdivision (a), he or she shall not suffer any legal penalty or loss of any benefit to which he or she may otherwise be entitled unless he or she intended to fraudulently register to vote.  (e) An application that is completed pursuant to subdivision (a), by a person who is currently registered to vote but failed to indicate that fact on the application, shall be construed as updating the person's previous voter registration. However, a person's party preference shall not be updated to reflect a preference of decline to state pursuant to subdivision (c) if the person disclosed a party preference in connection with the previous registration.  SEC. 5. Section 2101.6 is added to the Elections Code, to read: 2101.6. (a) Upon receipt of the  duplicate of the  document from the Department of Motor Vehicles, sent pursuant to Section 12500.5 of the Vehicle Code, the county elections official shall examine the document and determine if the person named on the document has supplied the information required to establish that he or she is qualified to vote. If the person named on the document is not currently registered to vote and the document indicates that the person satisfies the requirements to be registered to vote, the document shall be treated by the county elections official the same as a completed affidavit of registration. If the person named on the  duplicate  document will not be 18 years of age at the time of the next election but otherwise satisfies the requirements to be registered to vote, the person shall be automatically registered to vote at the time that he or she will be 18 years of age by the time of the next election. (b) Registration to vote pursuant to subdivision (a) of Section 2101.5 shall be deemed effective if received by the Department of Motor Vehicles on or before the 15th day prior to the election. (c) The document received from the Department of Motor Vehicles that caused a voter to be registered pursuant to subdivision (a) of Section 2101.5 shall be maintained by the county elections official in the same manner that the county elections official maintains an affidavit of registration. (d) For purposes of verifying a signature on a recall, initiative, or referendum petition or a signature on a nomination paper or any other election petition or election paper, a properly executed application for a new or renewed California driver's license, instruction permit, junior permit, or identification card filing form that caused a person to be registered to vote pursuant to subdivision (a) of Section 2101.5 shall be deemed effective for verification purposes if both (1) the application or form is signed on the same date or a date prior to the signing of the petition or paper, and (2) the application or form is received by the county elections official on or before the date on which the petition or paper is filed. SEC. 6. Section 2102 of the Elections Code, as amended by Section 2 of Chapter 899 of the Statutes of 2000, is amended to read: 2102. (a) An affidavit of registration 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 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 paragraph (1) or (2) on or before the 15th day prior to the election. (b) For purposes of verifying a signature on a recall, initiative, or referendum petition or a signature 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  (a)   (1)  the affidavit is signed on the same date or a date prior to the signing of the petition or paper, and  (b)   (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 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. SEC. 7. 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) An affidavit of registration 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 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 paragraph (1) or (2) on or before the 15th day prior to the election. (b) For purposes of verifying a signature on a recall, initiative, or referendum petition or a signature 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 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 17 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. 8. Section 2119 of the Elections Code is amended to read: 2119. (a) In lieu of executing a new affidavit of registration for a change of address within the county, the county elections official shall accept a notice or letter of the change of address signed by a voter as he or she is registered. (b) The county elections official shall accept a notification for the forthcoming election and shall change the address on the voter's registration accordingly if the notification is executed on or before the 15th day prior to the election and if any of the following apply: (1) The notification is postmarked on or before the 15th day prior to the election and received by mail by the county elections official. (2) The notification 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 notification is delivered to the county elections official by means other than those described in paragraphs (1) and (2) on or before the 14th day prior to the election. SEC. 9. Section 2137 of the Elections Code is amended to read: 2137. When an elector is registered by completing an affidavit of registration, his or her name, residence, and residence telephone number, if furnished, shall be entered on the stub attached to the original affidavit. If for any cause the affidavit is spoiled in the course of execution or a mistake is made, the affidavit shall not be destroyed, but the name of the elector for whom it was intended, with his or her residence, shall be entered on the stub as in other cases, and the stubs and affidavits each marked with the word "spoiled." SEC. 10. Section 2141 of the Elections Code is amended to read: 2141. (a) If the county elections official deems a duplicate file of voter registrations to be necessary for administrative purposes, the county elections official may prepare, upon the receipt in his or her office of the original affidavit of registration or  the duplicate of  the document that caused the voter to be registered to vote pursuant to subdivision (a) of Section 2101.5, a reproduction thereof in compliance with the following conditions: (1) The document is photographed, microphotographed, or reproduced in a manner approved for permanent records by the National Bureau of Standards. (2) The device used to reproduce the document is one that accurately reproduces the document in all details. (3) The photographs, microphotographs, or other reproductions are placed in conveniently accessible files and provision is made for preserving, examining, and using the same. (b) Wherever in this code "duplicate affidavit" is used it shall be deemed to include the reproduced affidavit authorized by this section. (c) A signature comparison required by this code may be made against a duplicate produced in compliance with this section. SEC. 11. Section 2142 of the Elections Code is amended to read: 2142. (a) If the county elections official refuses to register a qualified elector in the county, the elector may proceed by action in the superior court to compel his or her registration. In an action under this section, as many persons may join as plaintiffs as have causes of action. (b) If the county elections official has not registered a qualified elector who claims to have registered to vote through the Department of Motor Vehicles or a public agency designated as a voter registration agency pursuant to the National Voter Registration Act of 1993 (42 U.S.C. Sec. 1973gg), the elector may proceed by action in the superior court to compel his or her registration. In an action under this section, as many persons may join as plaintiffs as have causes of action. (c) A fee shall not be charged by the clerk of the court for services rendered in an action under this section. SEC. 12. Section 2151 of the Elections Code is amended to read: 2151. (a) At the time of completing an affidavit of registration and of transferring registration, an elector may disclose the name of the political party that he or she prefers. The name of that political party shall be stated in the affidavit of registration and the index. (b) (1) The voter registration card shall inform the affiant that an elector may decline to disclose a political party preference, but a person shall not be entitled to vote the ballot of a political party at a primary election for President of the United States or for a party committee unless he or she has disclosed the name of the party that he or she prefers or unless he or she has declined to disclose a party preference and the political party, by party rule duly noticed to the Secretary of State, authorizes a person who has declined to disclose a party preference to vote the ballot of that political party. The voter registration card shall further inform the affiant that a registered voter may vote for any candidate at a primary election for state elective office or congressional office, regardless of the disclosed party preference of the registrant or the candidate seeking that office or the refusal of the registrant or candidate to disclose a party preference. (2) The voter registration card shall include a listing of all qualified political parties. As part of that listing, the voter registration card shall also contain an option that permits the affiant to decline to disclose a party preference. This option shall be placed at the end of the listing of qualified political parties. (c) A person shall not be permitted to vote the ballot of a party or for delegates to the convention of a party other than the party disclosed as preferred in his or her registration, except as provided by Section 2152 or unless he or she has declined to disclose a party preference and the party, by party rule duly noticed to the Secretary of State, authorizes a person who has declined to disclose a party preference to vote the party ballot or for delegates to the party convention. (d) As of the effective date of the statute that added this subdivision, any voter who previously stated a political party affiliation when registering to vote shall be deemed to have disclosed that same party as his or her political party preference unless the voter files a new affidavit of registration disclosing a different political party preference or no political party preference. Any voter who previously declined to state a party affiliation shall be deemed to have declined to disclose a party preference unless the voter files a new affidavit of registration disclosing a different political party preference. (e) The Secretary of State may continue to supply existing affidavits of registration prior to printing new or revised forms that reflect the changes required pursuant to any amendment made to this section. SEC. 13. Section 2155.1 is added to the Elections Code, to read: 2155.1. Upon receipt of the  duplicate of the  document signed by the voter from the Department of Motor Vehicles that caused a voter to be registered pursuant to subdivision (a) of Section 2101.5, the county elections official shall inspect the voter index to determine whether the person has been previously registered to vote. If the county elections official determines that the person has not previously been registered to vote, the county elections official shall send the voter a voter notification by nonforwardable, first-class mail, address correction requested, and a voter registration card. The voter notification shall be substantially in the following form: VOTER NOTIFICATION You are registered to vote. Because you have not completed an affidavit of voter registration, you are registered as declaring no party preference. You may vote in any election held 15 or more days after the date shown on the reverse side of this card. Your name will appear on the index kept at the polls. Please contact your county elections office if the information shown on the reverse side of this card is incorrect. SEC. 14. Section 2156 of the Elections Code is amended to read: 2156. The Secretary of State shall print, or cause to be printed, the blank forms of the voter notification prescribed by Sections 2155 and 2155.1. The Secretary of State shall supply the forms to the county elections official in quantities and at times requested by the county elections official. The Secretary of State may continue to supply, and a county elections official may continue to use, existing voter notification forms prior to printing new or revised forms as required by any changes to Section 2155 or 2155.1. SEC. 15. Section 2165 of the Elections Code is amended to read: 2165. Affidavits of registration and  the duplicates of  the documents that caused voters to be registered to vote pursuant to subdivision (a) of Section 2101.5 for the whole of each county shall be filed, as fast as the registration progresses, in any orderly arrangement as prescribed by the county elections official. If the documents are not filed alphabetically without regard to precinct, the county elections official shall, by electronic, electromechanical, or other suitable means, provide, for general use in his or her office, a comprehensive, printed alphabetical index to the surnames of voters on all uncanceled voter registrations for the whole of the county, whereby the affidavit of registration of a voter or  the duplicate of  the document that caused the voter to be registered to vote pursuant to subdivision (a) of Section 2101.5 may be ascertained and produced. In the case of voters having the same surname, the classification of names appearing on the index shall extend to the given and, where necessary, the middle name or initial. SEC. 16. Section 2166 of the Elections Code is amended to read: 2166. (a) A person who is filing with the county elections official a new affidavit of registration or reregistration or is registered pursuant to subdivision (a) of Section 2101.5 may have the information relating to his or her residence address, telephone number, and email address appearing on the affidavit or  the duplicate of  the document that caused the voter to be registered to vote pursuant to subdivision (a) of Section 2101.5, or a list or roster or index prepared therefrom, declared confidential upon order of a superior court issued upon a showing of good cause that a life-threatening circumstance exists to the voter or a member of the voter's household, and naming the county elections official as a party. (b) A person granted confidentiality under subdivision (a) shall: (1) Be considered a vote by mail voter for all subsequent elections or until the county elections official is notified otherwise by the court or in writing by the voter. A voter requesting termination of vote by mail status thereby consents to placement of his or her residence address, telephone number, and email address in the roster of voters. (2) In addition to the required residence address, provide a valid mailing address to be used in place of the residence address for election, scholarly, or political research, and government purposes. The elections official, in producing a list, roster, or index may, at his or her choice, use the valid mailing address or the word "confidential" or some similar designation in place of the residence address. (c) An action in negligence shall not be maintained against a government entity or officer or employee thereof as a result of the disclosure of the information which is the subject of this section unless by a showing of gross negligence or willfulness. SEC. 17. Section 2166.5 of the Elections Code is amended to read: 2166.5. (a) A person who is filing with the county elections official a new affidavit of registration or reregistration or is registered pursuant to subdivision (a) of Section 2101.5 may have the information relating to his or her residence address, telephone number, and email address appearing on the affidavit or  the duplicate of  the document that caused the voter to be registered to vote pursuant to subdivision (a) of Section 2101.5, or a list or roster or index prepared therefrom, declared confidential upon presentation of certification that the person is a participant in the Address Confidentiality for Victims of Domestic Violence, Sexual Assault, and Stalking program pursuant to Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code or a participant in the Address Confidentiality for Reproductive Health Care Service Providers, Employees, Volunteers, and Patients program pursuant to Chapter 3.2 (commencing with Section 6215) of that division. (b) A person granted confidentiality under subdivision (a) shall: (1) Be considered a vote by mail voter for all subsequent elections or until the county elections official is notified otherwise by the Secretary of State or in writing by the voter. A voter requesting termination of vote by mail status thereby consents to placement of his or her residence address, telephone number, and email address in the roster of voters. (2) In addition to the required residence address, provide a valid mailing address to be used in place of the residence address for election, scholarly, or political research, and government purposes. The elections official, in producing a list, roster, or index may, at his or her choice, use the valid mailing address or the word "confidential" or some similar designation in place of the residence address. (c) An action in negligence shall not be maintained against a government entity or officer or employee thereof as a result of the disclosure of the information that is the subject of this section unless by a showing of gross negligence or willfulness. (d) Subdivisions (a) and (b) shall not apply to any person granted confidentiality upon receipt by the county elections official of a written notice by the address confidentiality program manager of the withdrawal, invalidation, expiration, or termination of the program participant's certification. SEC. 18. Section 2166.7 of the Elections Code is amended to read: 2166.7. (a) If authorized by his or her county board of supervisors, a county elections official shall, upon application of a public safety officer, make confidential that officer's residence address, telephone number, and email address appearing on the affidavit of registration or  the duplicate of  the document that caused the voter to be registered to vote pursuant to subdivision (a) of Section 2101.5, pursuant to this section. (b) The application by the public safety officer shall contain a statement, signed under penalty of perjury, that the person is a public safety officer as defined in subdivision (f) and that a life-threatening circumstance exists to the officer or a member of the officer's family. The application shall be a public record. (c) The confidentiality granted pursuant to subdivision (a) shall terminate no more than two years after commencement, as determined by the county elections official. The officer may submit a new application for confidentiality pursuant to subdivision (a), and the new request may be granted for an additional period of not more than two years. (d) A person granted confidentiality under subdivision (a) shall: (1) Be considered a vote by mail voter for all subsequent elections or until the county elections official is notified otherwise by the Secretary of State or in writing by the voter. A voter requesting termination of vote by mail status thereby consents to placement of his or her residence address, telephone number, and email address in the roster of voters. (2) In addition to the required residence address, provide a valid mailing address to be used in place of the residence address for election, scholarly, or political research, and government purposes. The elections official, in producing any list, roster, or index may, at his or her choice, use the valid mailing address or the word "confidential" or some similar designation in place of the residence address. (e) An action in negligence shall not be maintained against a government entity or officer or employee thereof as a result of the disclosure of the information that is the subject of this section unless by a showing of gross negligence or willfulness. (f) "A public safety officer" has the same meaning as a public safety official as defined in subdivision (a), (d), (e), (f), or (j) of Section 6254.24 of the Government Code. SEC. 19. Section 2167 of the Elections Code is amended to read: 2167. (a) Upon the personal or written application of a person, the county elections official shall, at a fee not to exceed one dollar and fifty cents ($1.50), provide the applicant with a certified copy of the entries upon the register relating to the applicant. (b) A certified copy of an uncanceled affidavit of registration or a certified copy of an uncanceled document that caused the voter to be registered to vote pursuant to subdivision (a) of Section 2101.5 is prima facie evidence that the person named in the entry is a voter of the county. SEC. 20. Section 2180 of the Elections Code is amended to read: 2180. (a) At least once, and more often if he or she deems it necessary, within each two-year period commencing on the first day of January in each odd-numbered year, the county elections official shall have printed a complete index, by precinct, to the affidavits of registration and  the duplicates of  the documents that caused voters to be registered to vote pursuant to subdivision (a) of Section 2101.5 current at the date of printing. (b) (1) The index shall contain the name, address, residence telephone number if furnished, and political party preference of each voter if furnished, and also a ruled space to the left of each name, within which to write, in figures, the line number designating the position of the name of the voter on the roster of voters. (2) The name shall include the given name and the middle name or initials, if any. At the affiant's option, the given name may be preceded by the designation "Miss," "Ms.," "Mrs.," or "Mr." (c) The index shall be printed in a size no smaller than eight-point roman type on eight-point body and shall be arranged in alphabetical order in accordance with the surnames of the voters. (d) A space of not less than one-quarter inch or one line of printing shall be left between the names of voters beginning with one letter of the alphabet and those starting with the next letter of the alphabet. (e) Supplements of the same content and style may be printed as need for them appears. SEC. 21. Section 2181 of the Elections Code is amended to read: 2181. In addition to printing a complete index within and for each two-year period, as provided in Section 2180, the county elections official may print and maintain one complete and continuing index, by precinct, to the affidavits of registration and  the duplicates of  the documents that caused voters to be registered to vote pursuant to subdivision (a) of Section 2101.5 and keep the index current by supplements and deletions as provided in Sections 2180 and 2183, and by reprinting portions of the index by precinct, as the need appears, the reprinted portions to contain the same information concerning each voter and to be in the same style, spacing, and type of print as provided in Section 2180. SEC. 22. Section 2183 of the Elections Code is amended to read: 2183. (a) The elections official shall supply copies of the index and of supplements to the index, necessary to bring it up to date, for an election to be held within the county. The county elections official shall also supply as many copies of the index and supplements, not to exceed four in number, as may be requested by the elections official of a city, school district, or other body. The name of a voter whose affidavit of registration or registration made pursuant to subdivision (a) of Section 2101.5 has been canceled shall be lined out of the index and supplement. The county elections official may charge an amount that will reimburse the county for the expense incurred in preparing and furnishing a lined out index of registrations and supplements other than for those provided for by Sections 2180 and 2182. (b) In the case of a municipal election, an index provided pursuant to this section shall be supplied to the city elections official not less than 25 days prior to the day of the election for which it is provided. If the index does not contain the names of all people eligible to vote in the election, the county elections official shall supply a supplement to the index, including all voters who registered after the 54th day before the election, not less than seven days prior to the election for which it is provided. SEC. 23. Section 2187 of the Elections Code is amended to read: 2187. (a) A county elections official shall send to the Secretary of State, in a format described by the Secretary of State, a summary statement of the number of voters in the county. The statement shall show the total number of voters in the county, the number registered as preferring each qualified political party, the number registered in nonqualified parties, and the number who declined to state a party preference, and the number who have been registered as having no party affiliation because of registration of the voter pursuant to subdivision (a) of Section 2101.5. The statement shall also show the number of voters, by political preference, in each city, supervisorial district, Assembly district, Senate district, and congressional district located in whole or in part within the county. (b) The Secretary of State, on the basis of the statements sent by the county elections officials and within 30 days after receiving those statements, shall compile a statewide list showing the number of voters, by party preference, in the state and in each county, city, supervisorial district, Assembly district, Senate district, and congressional district in the state. A copy of this list shall be made available, upon request, to any elector in this state. (c) Each county that uses data processing equipment to store the information set forth in the affidavit of registration or  the duplicate of  the document that caused a person to be registered to vote pursuant to subdivision (a) of Section 2101.5 shall send to the Secretary of State one copy of the electronic data file with the information requested by the Secretary of State. Each county that does not use data-processing storage shall send to the Secretary of State one copy of the index setting forth that information. (d) The summary statements and the electronic data file copy or the index shall be sent at the following times: (1) On the 135th day before each presidential primary and before each direct primary, with respect to voters registered on the 154th day before the primary election. (2) Not less than 50 days prior to the primary election, with respect to voters registered on the 60th day before the primary election. (3) Not less than seven days prior to the primary election, with respect to voters registered before the 14th day prior to the primary election. (4) Not less than 102 days prior to each presidential general election, with respect to voters registered before the 123rd day before the presidential general election. (5) Not less than 50 days prior to the general election, with respect to voters registered on the 60th day before the general election. (6) Not less than seven days prior to the general election, with respect to voters registered before the 14th day prior to the general election. (7) On or before March 1 of each odd-numbered year, with respect to voters registered as of February 10. (e) The Secretary of State may adopt regulations prescribing the content and format of the electronic data file or index referred to in subdivision (c) and containing the registered voter information. (f) The Secretary of State may adopt regulations prescribing additional regular reporting times, except that the total number of reporting times in any one calendar year shall not exceed 12. (g) The Secretary of State shall make the information from the electronic data files or the printed indexes available, under conditions prescribed by the Secretary of State, to any candidate for federal, state, or local office, to any committee for or against any proposed ballot measure, to any committee for or against any initiative or referendum measure for which legal publication is made, and to any person for election, scholarly  ,  or political research, or governmental purposes as determined by the Secretary of State. (h) For purposes of this section, "electronic data file" means either a magnetic tape or a data file in an alternative electronic format, at the discretion of the county elections official. SEC. 24. Section 2189 of the Elections Code is amended to read: 2189. Before the day of an election held throughout the county, the county elections official shall deliver to the precinct board in each precinct three copies of the index to the affidavits of registration and  the duplicates of  the documents that caused voters to be registered to vote pursuant to subdivision (a) of Section 2101.5 for that precinct, with canceled names lined out and with necessary supplements to bring the index up to date. The index and supplements shall constitute the register to be used at the election. SEC. 25. Section 2190 of the Elections Code is amended to read: 2190. (a) If the county elections official maintains tabulating cards containing the information set forth in the affidavits of registration of voters and  the duplicates of  the documents that caused voters to be registered to vote pursuant to subdivision (a) of Section 2101.5, or sets forth that information on electronic data processing tape, he or she shall provide, upon request, not less than 30 days prior to each direct primary election and general election, one set of those cards or a copy of the tape to the county central committee of a party for all voters allowed to participate in the subsequent direct primary election or general election. The county elections official shall also furnish to the county central committee, not less than seven days prior to each direct primary election and general election, one set of those cards or a copy of the tape of those voters who registered after the 54th day before the election. The cards or tape shall be provided without charge, except that the county central committee shall provide a replacement for the tape. (b) In addition to those provided to county central committees, the county elections official shall provide, upon request, a set of cards or a copy of a tape to any candidate or committee specified in Section 2184, provided that the candidate or committee reimburses the county for whatever actual costs are involved in providing this service. SEC. 26. Section 2194 of the Elections Code is amended to read: 2194. (a) Except as provided in Section 2194.1, the voter registration card information identified in Section 6254.4 of the Government Code: (1) Shall be confidential and shall not appear on any computer terminal, list, affidavit, duplicate affidavit, or other medium routinely available to the public at the county elections official's office. (2) Shall not be used for any personal, private, or commercial purpose, including, but not limited to: (A) The harassment of any voter or voter's household. (B) The advertising, solicitation, sale, or marketing of products or services to any voter or voter's household. (C) Reproduction in print, broadcast visual or audio, or display on the Internet or any computer terminal unless pursuant to paragraph (3). (3) Shall be provided with respect to any voter, subject to the provisions of Sections 2166.5, 2166.7, and 2188, to any candidate for federal, state, or local office, to any committee for or against any initiative or referendum measure for which legal publication is made, and to any person for election, scholarly, journalistic, or political purposes, or for governmental purposes, as determined by the Secretary of State. (b) (1) Notwithstanding any other law, the California driver's license number, the California identification card number, the social security number, and any other unique identifier used by the State of California for purposes of voter identification shown on a voter registration card or  the duplicate of  the document that caused a person to be registered to vote pursuant to subdivision (a) of Section 2101.5 of a registered voter, or added to voter registration records to comply with the requirements of the federal Help America Vote Act of 2002 (42 U.S.C. Sec. 15301 et seq.), are confidential and shall not be disclosed to any person. (2) Notwithstanding any other law, the signature of the voter shown on the voter registration card or  the duplicate of  the document that caused a person to be registered to vote pursuant to subdivision (a) of Section 2101.5 is confidential and shall not be disclosed to any person, except as provided in subdivision (c). (c) (1) The home address or signature of any voter shall be released whenever the person's vote is challenged pursuant to Sections 15105 to 15108, inclusive, or Article 3 (commencing with Section 14240) of Chapter 3 of Division 14. The address or signature shall be released only to the challenger, to elections officials, and to other persons as necessary to make, defend against, or adjudicate the challenge. (2) An elections official shall permit a person to view the signature of a voter for the purpose of determining whether the signature matches a signature on an affidavit of registration,  the duplicate of  the document that caused a person to be registered to vote pursuant to subdivision (a) of Section 2101.5, or a petition, but shall not permit a signature to be copied. (d) A governmental entity, or officer or employee thereof, shall not be held civilly liable as a result of disclosure of the information referred to in this section, unless by a showing of gross negligence or willfulness. (e) For the purposes of this section, "voter's household" is defined as the voter's place of residence or mailing address or any persons who reside at the place of residence or use the mailing address as supplied on the affidavit of registration pursuant to paragraphs (3) and (4) of subdivision (a) of Section 2150 or  the duplicate of  the document that caused a person to be registered to vote pursuant to subdivision (a) of Section 2101.5. SEC. 27. Section 2200 of the Elections Code is amended to read: 2200. The registration of a voter is permanent for all purposes during his or her life, unless and until the registration is canceled by the county elections official for any of the causes specified in this article. SEC. 28. Section 2202 of the Elections Code is amended to read: 2202. (a) The county elections official shall preserve all uncanceled affidavits of registration and  duplicates of the  documents that caused voters to be registered to vote pursuant to subdivision (a) of Section 2101.5 in a secure manner that will protect the confidentiality of the voter information consistent with Section 2194. The affidavits of registration and  duplicates of  the documents that caused voters to be registered to vote pursuant to subdivision (a) of Section 2101.5 shall constitute the register required to be kept by Article 5 (commencing with Section 2180) of Chapter 2. (b) In lieu of maintaining uncanceled affidavits of registration and  the duplicates of the  documents that caused voters to be registered to vote pursuant to subdivision (a) of Section 2101.5, the county elections official may, following the first general election after the date of registration, microfilm, record on optical disc, or record on another electronic medium that does not permit an addition, deletion, or change to the original document, the uncanceled affidavits of registration and  the duplicates of the  documents that caused voters to be registered to vote pursuant to subdivision (a) of Section 2101.5. Use of an electronic medium to record uncanceled affidavits of registration and  the duplicates of the  documents that caused voters to be registered to vote pursuant to subdivision (a) of Section 2101.5 shall protect the security and confidentiality of the voter information. The county elections official may dispose of uncanceled affidavits of registration and  the duplicates of the  documents that caused voters to be registered to vote pursuant to subdivision (a) of Section 2101.5 transferred pursuant to this section. The disposal of uncanceled affidavits and  the duplicates of the  documents that caused voters to be registered to vote pursuant to subdivision (a) of Section 2101.5 shall be performed in a manner that does not compromise the security or confidentiality of the voter information contained therein. A medium used by the county elections official shall meet the minimum standards, guidelines, or both, as recommended by the American National Standards Institute or the Association of Information and Image Management. For purposes of this section, a duplicate copy of an affidavit of registration shall be deemed an original. SEC. 29. Section 2203 of the Elections Code is amended to read: 2203. (a) Cancellation is made by writing or stamping on the affidavit of registration or  the duplicate of  the document that caused the voter to be registered to vote pursuant to subdivision (a) of Section 2101.5 the word "canceled," the reason the registration was canceled, and the date of cancellation. (b) Whenever a voter transfers his or her registration from one precinct to another precinct in the same county, or reregisters in another precinct in the same county as shown by the new affidavit of registration, the county elections official shall immediately cancel the registration from the precinct in which the voter was first registered, and shall remove the registration from the file of uncanceled registrations. (c) Except as provided in Section 2119, whenever a voter removes from one county to another county and registers in the latter county, the county elections official of the county in which he or she was first registered, upon being informed of his or her removal either by the voter personally or by receipt of a notice of reregistration under Section 2118, shall likewise cancel his or her registration and remove the registration in that county. (d) The county elections official in distributing to each precinct the three indexes of registration, as required by Section 2189, shall cross out of those indexes the name of a voter whose registration from the precinct has been canceled. SEC. 30. Section 2204 of the Elections Code is amended to read: 2204. Notwithstanding any other law, whenever a voter changes his or her residence within the same precinct, the voter's registration shall not be canceled. Whenever notified by the voter, the elections official shall change the voter's affidavit of registration or  the duplicate of  the document that caused the voter to be registered to vote pursuant to subdivision (a) of Section 2101.5 to reflect the new residence address within the same precinct. SEC. 31. Section 2205 of the Elections Code, as enacted by Section 2 of Chapter 920 of the Statutes of 1994, 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 18 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 voter registration of each deceased voter. SEC. 32. 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 17 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 voter registration of the deceased voter. SEC. 33. Section 2206 of the Elections Code is amended to read: 2206. The Secretary of State shall adopt regulations to facilitate the availability of death statistics from the State Department of Public Health. The data shall be used by county elections officials in canceling the voter registration of deceased persons. SEC. 34. Section 2212 of the Elections Code is amended to read: 2212. The clerk of the superior court of the county, on the basis of the records of the court, shall furnish to the chief elections official of the county, not less frequently than the first day of April and the first day of September of each year, a statement showing the names, addresses, and dates of birth of all persons who have been convicted of felonies since the clerk's last report. The elections official shall, during the first week of April and the first week of September in each year, cancel the voter registration of those persons who are currently imprisoned or on parole for the conviction of a felony. The clerk shall certify the statement under the seal of the court. SEC. 35. Section 2221 of the Elections Code is amended to read: 2221. (a) Based on the postal notice on the returned residency confirmation postcard received pursuant to Section 2220, the county elections official shall take the following actions: (1) The voter registration of a person whose residency confirmation postcard is returned by the post office as undeliverable and who has no forwarding address shall be placed in the inactive file pursuant to paragraph (2) of subdivision (a) of Section 2226. This person shall be mailed the confirmation notice described in subdivision (d) of Section 2225. (2) The voter registration of a person for whom a forwarding address within the county is received shall be corrected to reflect the new address provided by the post office. (3) The voter registration of a person for whom a forwarding address outside of the county is received shall be placed in the inactive file pursuant to paragraph (2) of subdivision (a) of Section 2226. This person shall be mailed the confirmation notice described in subdivision (c) of Section 2225. (b) A blank affidavit of registration shall immediately be mailed to the address from which a voter registration was canceled or changed pursuant to this section. (c) An address correction or cancellation of a voter registration made pursuant to this section shall be reflected on the voter index as required by Section 2191. SEC. 36. Section 3006 of the Elections Code is amended to read: 3006. (a) A printed application that is to be distributed to a voter for requesting a vote by mail voter's ballot shall inform the voter that the application for the vote by mail voter's ballot must be received by the elections official not later than seven days prior to the date of the election and shall contain spaces for the following: (1) The printed name and residence address of the voter as it appears on the affidavit of registration or  the duplicate of  the document that caused the voter to be registered to vote pursuant to subdivision (a) of Section 2101.5. (2) The address to which the ballot is to be mailed. (3) The voter's signature. (4) The name and date of the election for which the request is to be made. (b) (1) The information required by paragraphs (1) and (4) of subdivision (a) may be preprinted on the application. The information required by paragraphs (2) and (3) of subdivision (a) shall be personally affixed by the voter. (2) An address, as required by paragraph (2) of subdivision (a), may not be the address of a political party, a political campaign headquarters, or a candidate's residence. However, a candidate, his or her spouse, immediate family members, and any other voter who shares the same residence address as the candidate may request that a vote by mail ballot be mailed to the candidate's residence address. (3) An application that contains preprinted information shall contain a conspicuously printed statement substantially similar to the following: "You have the legal right to mail or deliver this application directly to the local elections official of the county where you reside." (c) The application shall inform the voter that if he or she has declined to disclose a preference for a political party, the voter may request a vote by mail ballot for a particular political party for the partisan primary election, if that political party has adopted a party rule, duly noticed to the Secretary of State, authorizing that vote. The application shall contain a toll-free telephone number, established by the Secretary of State, that the voter may call to access information regarding which political parties have adopted such a rule. The application shall contain a checkoff box with a conspicuously printed statement that reads substantially similar to the following: "I have declined to disclose a preference for a qualified political party. However, for this primary election only, I request a vote by mail ballot for the _________ Party." The name of the political party shall be personally affixed by the voter. (d) The application shall provide the voter with information concerning the procedure for establishing permanent vote by mail voter status, and the basis upon which permanent vote by mail voter status is claimed. (e) The application shall be attested to by the voter as to the truth and correctness of its content, and shall be signed under penalty of perjury. SEC. 37. Section 3007.5 of the Elections Code is amended to read: 3007.5. (a) The Secretary of State shall prepare and distribute to appropriate elections officials a uniform electronic application format for a vote by mail voter's ballot that conforms to this section. (b) The uniform electronic application shall inform the voter that the application for the vote by mail voter's ballot must be received by the elections official not later than seven days prior to the date of the election and shall contain spaces for at least the following information: (1) The name and residence address of the registered voter as it appears on the affidavit of registration or  the duplicate of  the document that caused the voter to be registered to vote pursuant to subdivision (a) of Section 2101.5. (2) The address to which the ballot is to be mailed. (3) The name and date of the election for which the request is made. (4) The date of birth of the registered voter. (c) The uniform electronic application shall inform the voter that if he or she has declined to disclose a preference for a political party, the voter may request a vote by mail ballot for a particular political party for the partisan primary election, if that political party has adopted a party rule, duly noticed to the Secretary of State, authorizing that vote. The application shall contain a toll-free telephone number, established by the Secretary of State, that the voter may call to access information regarding which political parties have adopted such a rule. The application shall list the parties that have notified the Secretary of State of the adoption of such a rule. The application shall contain a checkoff box with a conspicuously printed statement that reads substantially similar to the following: "I have declined to disclose a preference for a qualified political party. However, for this primary election only, I request a vote by mail ballot for the ____ Party." The name of the political party shall be personally affixed by the voter. (d) The uniform electronic application shall contain a conspicuously printed statement substantially similar to the following: "Only the registered voter himself or herself may apply for a vote by mail ballot. An application for a vote by mail ballot made by a person other than the registered voter is a criminal offense." (e) The uniform electronic application shall include a statement substantially similar to the following: "A ballot will not be sent to you if this application is incomplete or inaccurate." (f) The uniform electronic application format shall not permit the form to be electronically submitted unless all of the information required to complete the application is contained in the appropriate fields. SEC. 38. Section 3009 of the Elections Code is amended to read: 3009. (a) Upon receipt of a vote by mail ballot application signed by the voter that arrives within the proper time, the elections official should determine if the signature and residence address on the ballot application appear to be the same as that on the original affidavit of registration or  the duplicate of  the document that caused the voter to be registered to vote pursuant to subdivision (a) of Section 2101.5. The elections official may make this signature check upon receiving the voted ballot, but the signature must be compared before the vote by mail voter ballot is canvassed. (b) If the elections official deems the applicant entitled to a vote by mail voter's ballot he or she shall deliver by mail or in person the appropriate ballot. The ballot may be delivered to the applicant, his or her spouse, child, parent, grandparent, grandchild, or sibling, or a person residing in the same household as the vote by mail voter, except that in no case shall the ballot be delivered to an individual under 16 years of age. The elections official shall deliver the vote by mail ballot to the applicant's spouse, child, parent, grandparent, grandchild, or sibling, or a person residing in the same household as the vote by mail voter only if that person signs a statement attested to under penalty of perjury that provides the name of the applicant and his or her relationship to the applicant, and affirms that he or she is 16 years of age or older, and is authorized by the applicant to deliver the vote by mail ballot. (c) (1) If the elections official determines that an application does not contain all of the information prescribed in Section 3001 or 3006, or for any other reason is defective, and the elections official is able to ascertain the voter's address, the elections official shall, within one working day of receiving the application, mail the voter a vote by mail voter's ballot together with a notice. The notice shall inform the voter that the voter's vote by mail voter' s ballot shall not be counted unless the applicant provides the elections official with the missing information or corrects the defects prior to, or at the time of, receipt of the voter's executed vote by mail voter's ballot. The notice shall specifically inform the voter of the information that is required or the reason for the defects in the application, and shall state the procedure necessary to remedy the defective application. (2) If the voter substantially complies with the requirements contained in the elections official's notice, the voter's ballot shall be counted. (3) In determining from the records of registration if the signature and residence address on the application appear to be the same as that on the original affidavit of registration or  the duplicate of  the document that caused the voter to be registered to vote pursuant to subdivision (a) of Section 2101.5, the elections official or registrar of voters may use the duplicate file of registered voters or the facsimiles of voter's signatures, provided that the method of preparing and displaying the facsimiles complies with the law. SEC. 39. Section 3011 of the Elections Code is amended to read: 3011. (a) The identification envelope shall contain all of the following: (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. (3) The residence address of the voter as shown on the affidavit of registration or  the duplicate of  the document that caused the voter to be registered to vote pursuant to subdivision (a) of Section 2101.5. (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. (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 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. (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. SEC. 40. Section 3013 of the Elections Code is amended to read: 3013. Upon delivering or mailing a vote by mail voter's ballot, the elections official shall enter on the application of the vote by mail voter, or on the affidavit of registration or  the duplicate of  the document that caused the voter to be registered to vote pursuant to subdivision (a) of Section 2101.5, the type of ballot and the date of delivering or mailing. Before the election the elections official shall send to the inspector of each precinct in his or her county or city a list of the voters in that precinct applying for and receiving ballots under this chapter. SEC. 41. Section 3019 of the Elections Code is amended to read: 3019. (a) Upon receipt of a vote by mail ballot, the elections official shall compare the signature on the identification envelope with either of the following to determine whether the signatures compare: (1) The signature appearing on the voter's affidavit of registration or any previous affidavit of registration of the voter or  the duplicate of  the document that caused the voter to be registered to vote pursuant to subdivision (a) of Section 2101.5. (2) The signature appearing on a form issued by an elections official that contains the voter's signature, that is part of the voter's registration record, and that the elections official has determined compares with the signature on the voter's affidavit of registration or any previous affidavit of registration of the voter or  the duplicate of  the document that caused the voter to be registered to vote pursuant to subdivision (a) of Section 2101.5. The elections official may make this determination by reviewing a series of signatures appearing on official forms in the voter's registration record that have been determined to compare, that demonstrates the progression of the voter's signature, and makes evident that the signature on the identification envelope is that of the voter. (b) In comparing signatures pursuant to subdivision (a), the elections official may use the duplicate file of affidavits of registered voters,  the duplicate of  the document that caused the voter to be registered to vote pursuant to subdivision (a) of Section 2101.5, or facsimiles of voters' signatures, provided that the method of preparing and displaying the facsimiles complies with the law. (c) (1) If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signatures compare, he or she shall deposit the ballot, still in the identification envelope, in a ballot container in his or her office. (2) If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The cause of the rejection shall be written on the face of the identification envelope. (d) The variation of a signature caused by the substitution of initials for the first or middle name, or both, shall not be grounds for the elections official to determine that the signatures do not compare. (e) A ballot shall not be removed from its identification envelope until the time for processing ballots. A ballot shall not be rejected for cause after the identification envelope has been opened. SEC. 42. Section 3021 of the Elections Code is amended to read: 3021. (a) After the close of the period for requesting a vote by mail voter ballot by mail a voter unable to go to the polls because of illness or disability resulting in his or her confinement in a hospital, sanatorium, nursing home, or place of residence; or a voter unable because of a physical handicap to go to his or her polling place or because of that handicap is unable to vote at his or her polling place due to an existing architectural barrier at his or her polling place denying him or her physical access to the polling place, voting booth, or voting apparatus or machinery; or a voter unable to go to his or her polling place because of a condition resulting in his or her absence from the precinct on election day may request in a written statement, signed under penalty of perjury, that a ballot be delivered to him or her. This written statement shall not be required if the vote by mail ballot is voted in the office of the elections official as defined by subdivision (b) of Section 3018, at the time of the request. This ballot shall be delivered by the elections official to an authorized representative of the voter who presents this written statement to the elections official. (b) Before delivering the ballot the elections official may compare the signature on the request with the signature on the voter' s affidavit of registration or  the duplicate of  the document that caused the voter to be registered to vote pursuant to subdivision (a) of Section 2101.5, but in any event, the signature shall be compared before the vote by mail ballot is canvassed. (c) The voter shall mark the ballot, place it in the identification envelope, fill out and sign the envelope, and return the ballot, personally or through the authorized representative, to either the elections official or a polling place within the jurisdiction. (d) These ballots shall be processed and counted in the same manner as other vote by mail ballots. SEC. 43. Section 3501 of the Elections Code is amended to read: 3501. A new citizen registering to vote after the close of registration shall provide the county elections official with proof of citizenship prior to voting, and shall declare that he or she has established residency in California. Upon receipt of proof of citizenship and California residency, the county elections official shall instate the affiant as a registered voter and include his or her affidavit of registration in the permanent file of voter registrations. SEC. 44. Section 9094 of the Elections Code is amended to read: 9094. (a) The Secretary of State shall mail a ballot pamphlet to a voter, in those instances in which the county elections official uses data processing equipment to store the information set forth in the affidavits of registration and  the duplicates of  the documents that caused voters to be registered to vote pursuant to subdivision (a) of Section 2101.5, before the election at which a measure contained in the ballot pamphlet is to be voted on unless a voter has registered fewer than 29 days before the election. The mailing shall commence not less than 40 days before the election and shall be completed no later than 21 days before the election for those voters who registered on or before the 60th day before the election. The Secretary of State shall mail one copy of the ballot pamphlet to a registered voter at the postal address stated on the voter's affidavit of registration or  the duplicate of  the document that caused the voter to be registered to vote pursuant to subdivision (a) of Section 2101.5, or the Secretary of State may mail only one ballot pamphlet to two or more registered voters having the same surname and the same postal address. (b) In those instances in which the county elections official does not utilize data processing equipment to store the information set forth in the affidavits of registration and  the duplicates of  the documents that caused voters to be registered to vote pursuant to subdivision (a) of Section 2101.5, the Secretary of State shall furnish ballot pamphlets to the county elections official not less than 45 days before the election at which a measure contained in the ballot pamphlet is to be voted on and the county elections official shall mail a ballot pamphlet to a voter, on the same dates and in the same manner provided by subdivision (a). (c) The Secretary of State shall provide for the mailing of a ballot pamphlet to a voter registering after the 60th day before the election and before the 28th day before the election, by either: (1) mailing in the manner as provided in subdivision (a), or (2) requiring the county elections official to mail a ballot pamphlet to a voter registering in the county after the 60th day before the election and before the 28th day before the election pursuant to this section. The second mailing of ballot pamphlets shall be completed no later than 10 days before the election. The county elections official shall mail a ballot pamphlet to a person requesting a ballot pamphlet. Three copies, to be supplied by the Secretary of State, shall be kept at every polling place, while an election is in progress, so that they may be freely consulted by the voters. SEC. 45. Section 14310 of the Elections Code, as amended by Section 1 of Chapter 611 of the Statutes of 2009, 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 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 or  the duplicate of  the document that caused the voter to be registered to vote pursuant to subdivision (a) of Section 2101.5. 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) 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. 46. Section 14310 of the Elections Code, as amended by Section 3 of Chapter 497 of the Statutes of 2012, 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 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 or  the duplicate of  the document that caused the voter to be registered to vote pursuant to subdivision (a) of Section 2101.5. 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. (B) 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. 47. Section 16442 of the Elections Code is amended to read: 16442. After the affidavit is filed with the clerk of the superior court, a copy of the affidavit shall be personally served upon the defendant or sent to him or her by registered mail in a sealed envelope with postage prepaid, addressed to the defendant at the place of residence named in his or her affidavit of registration or  the duplicate of  the document that caused the voter to be registered to vote pursuant to subdivision (a) of Section 2101.5. The contestant shall make an affidavit of mailing if he or she serves the affidavit by mail, and shall file it on the same day with the county elections official. SEC. 48. Section 16462 of the Elections Code is amended to read: 16462. No service other than as provided in this section need be made upon the defendant. The affidavit shall be filed in the office of the clerk of the superior court within five days after the completion of the official canvass. Upon the filing of the affidavit, the county elections official shall forthwith post, in a conspicuous place in his or her office, a copy of the affidavit. Upon the filing of the affidavit and its posting, the superior court of the county shall have jurisdiction of the subject matter and of the parties to the contest. The contestant on the date of filing the affidavit shall send by registered mail a copy thereof to the defendant in a sealed envelope, with postage prepaid, addressed to the defendant at the place of residence named in the affidavit of registration of the defendant or  the duplicate of  the document that caused the defendant to be registered to vote pursuant to subdivision (a) of Section 2101.5, and shall make and file an affidavit of mailing with the county elections official, which shall become a part of the records of the contest. SEC. 49. Section 17000 of the Elections Code is amended to read: 17000. (a) The elections official shall preserve all canceled original affidavits of registration and the canceled  duplicates of the  documents that caused voters to be registered to vote pursuant to subdivision (a) of Section 2101.5 for a period of five years, after which they may be destroyed by that officer. (b) In lieu of preserving the canceled original affidavit of registration or  the duplicate of  the document that caused the voter to be registered to vote pursuant to subdivision (a) of Section 2101.5, the elections official may, by filming or other suitable method, record the canceled affidavit or  the duplicate of  the document that caused the voter to be registered to vote pursuant to subdivision (a) of Section 2101.5 and destroy the affidavit or  the duplicate of  the document that caused the voter to be registered to vote pursuant to subdivision (a) of Section 2101.5 following the first general election after the date of cancellation. SEC. 50. Section 17001 of the Elections Code is amended to read: 17001. The elections official shall keep a copy of the index to the affidavits of registration and  the duplicates of  the documents that caused voters to be registered to vote pursuant to subdivision (a) of Section 2101.5 described in Section 2180 on file as a public record for election and political research, and governmental purposes, for a period of five years. SEC. 51. Section 6254.4 of the Government Code is amended to read: 6254.4. (a) The home address, telephone number, email address, precinct number, or other number specified by the Secretary of State for voter registration purposes, and prior registration information shown on the voter registration card or  the duplicate of  the document that caused the voter to be registered to vote pursuant to subdivision (a) of Section 2101.5  of the Elections Code  for a registered voter, is confidential and shall not be disclosed to a person, except pursuant to Section 2194 of the Elections Code. (b) For purposes of this section, "home address" means street address only, and does not include an individual's city or post office address. (c) The California driver's license number, the California identification card number, the social security number, and any other unique identifier used by the State of California for purposes of voter identification shown on a voter registration card of a registered voter or  the duplicate of  the document that caused the voter to be registered to vote pursuant to subdivision (a) of Section 2101.5  of the Elections Code  , or added to the voter registration records to comply with the requirements of the Help America Vote Act of 2002 (42 U.S.C. Sec. 15301 et seq.), are confidential and shall not be disclosed to any person. (d) The signature of the voter that is shown on the voter registration card or  the duplicate of  the document that caused the voter to be registered to vote pursuant to subdivision (a) of Section 2101.5  of the Elections Code  is confidential and shall not be disclosed to any person. SEC. 52. Section 23365 of the Government Code is amended to read: 23365. The elections official of the principal county shall furnish to the officers of each precinct the supplies and equipment as provided for in Sections 14105 and 14110 of the Elections Code. The elections official of each other affected county from which territory is proposed to be taken for the proposed county shall provide to the officers of each precinct the indexes of registration for the precincts of the proposed county within their respective county. In addition, the elections official may, with the approval of the board of supervisors, furnish the original books of affidavits of registration and  the duplicates of  the documents that caused voters to be registered to vote pursuant to subdivision (a) of Section 2101.5  of the Elections Code  or other material necessary to verify signatures. SEC. 53. Section 23374.13 of the Government Code is amended to read: 23374.13. The elections official of the principal county shall furnish to the officers of each precinct in the approved county the supplies and equipment as provided for in Sections 14105 and 14110 of the Elections Code. The elections official of each other affected county shall provide to the officers of each precinct the indexes of registration for the precincts of the approved county within their respective county. In addition, the elections official may, with the approval of the board of supervisors, furnish the original books of affidavits of registration and  the duplicates of  the documents that caused voters to be registered to vote pursuant to subdivision (a) of Section 2101.5  of the Elections Code  or other material necessary to verify signatures. SEC. 54. Section 57051 of the Government Code is amended to read: 57051. (a) At any time prior to the conclusion of the protest hearing in the notice given by the executive officer, but not thereafter, an owner of land or a registered voter within inhabited territory that is the subject of a proposed change of organization or reorganization, or an owner of land within uninhabited territory that is the subject of a proposed change of organization or reorganization, may file a written protest against the change of organization or reorganization. A written protest shall state whether it is made by a landowner or registered voter and shall include the same information that is required in a petition for a change of organization or reorganization, as specified in Section 56704, or  the duplicate of  the document that caused the voter to be registered to vote pursuant to subdivision (a) of Section 2101.5  of the Elections Code  . Protests may be made on behalf of an owner of land by an agent authorized in writing by the owner to act as agent with respect to that land. Protests may be made on behalf of a private corporation which is an owner of land by any officer or employee of the corporation without written authorization by the corporation to act as agent in making that protest. (b) A written protest shall show the date that each signature was affixed to the protest. A signature without a date or bearing a date prior to the date of publication of the notice shall be disregarded for purposes of ascertaining the value of a written protest. SEC. 55. Section 12500.5 is added to the Vehicle Code, to read: 12500.5. (a) In addition to any other requirements set forth in this division, the application for a new or renewed California driver' s license, instruction permit, junior permit, or identification card shall: (1) Request the information to establish whether the applicant satisfies the requirements to be registered to vote pursuant to Section 2101 of the Elections Code. (2) Contain a method by which the applicant shall indicate whether he or she is registered to vote. (3) Contain a statement that, if the applicant satisfies the requirements to vote pursuant to Section 2101 of the Elections Code,  and provides written consent by signing the statement,  he or she shall be registered to  vote, unless he or she declines to be registered to vote or has indicated that he or she is already registered to  vote. (4) Contain a method by which the applicant may decline to be registered to vote. (5) Request any other information required by state or federal law for a person to be registered to vote. (b) The Department of Motor Vehicles shall transmit to the county elections official for the county in which the applicant resides  a duplicate   an electronic copy  of the completed application for a new or renewed California driver's license, instruction permit, junior permit, or identification card of the applicant  , with any information that is not required to register to vote redacted,  if all of the following are satisfied: (1) The applicant has completed the application in its entirety. (2) The applicant has supplied sufficient information on the application to indicate that he or she satisfies the requirements to be registered to vote. (3) The applicant has not indicated on the application that he or she is already registered to vote. (4) The applicant has  not declined   provided written consent  to be registered to vote  on the application   by signing the statement, as provided in paragraph (3) of subdivision (a)  . (c) Except where a duty imposed by law requires otherwise, in implementing this section, the Department of Motor Vehicles shall comply with applicable federal and state law relating to privacy and confidentiality of the information collected, shall collect only the information necessary to implement this section, and shall not share the information collected pursuant to this section with another agency or person except for a purpose directly related to voter registration. (d) The Department of Motor Vehicles shall confer with the Secretary of State and shall develop applications for a new or renewed California driver's license, instruction permit, junior permit, and identification card that are in compliance with this section not later than July 1, 2015.  (e) The Department of Motor Vehicles and the Secretary of State shall develop a process and the infrastructure to allow the electronic copy of the applicant's completed application for a new or renewed California driver's license, instruction permit, junior permit, or identification card of the applicant, with any information that is not required to register to vote redacted, to be transmitted to the county elections officials.  SEC. 56. Section 12950.5 of the Vehicle Code is amended to read: 12950.5. (a) The department shall require a digitized signature on each  California  driver's license  and   on each application for a new or renewed California driver's license, instruction permit, junior permit, or identification card  . A digitized signature is an electronic representation of a handwritten signature. (b) The department shall provide to the Secretary of State the digitized signature of a person who registers to vote on the voter registration card provided by the department or who completes an application for a new or renewed California driver's license, instruction permit, junior permit, or identification card and does not decline to be registered to vote or has not indicated that he or she is already registered to vote. (c) The department shall provide the Secretary of State with change-of-address information for a voter who indicates that he or she desires to have his or her address changed for voter registration purposes. SEC. 57. Section 60211 of the Water Code is amended to read: 60211. A person shall not vote at a district election held under the provisions of this act who is not a voter within the meaning of the Elections Code, residing in the division of the district in which he or she casts his or her vote. For the purpose of registering voters who shall be entitled to vote at district elections, the county elections official is authorized, in a county in which there is a district, to indicate upon the affidavit of registration or  the duplicate of  the document that caused the voter to be registered to vote pursuant to subdivision (a) of Section 2101.5  of the Elections Code  whether the voter is a voter of a district. SEC. 58. 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.