| 1 | | - | Assembly Bill No. 2841 CHAPTER 807 An act to amend, repeal, and add Sections 2201, 2208, 2209, 2210, and 2211 of, and to add Sections 2211.5 and 2214 to, the Elections Code, and to amend, repeal, and add Sections 5358.3 and 5364 of the Welfare and Institutions Code, relating to elections. [ Approved by Governor September 29, 2022. Filed with Secretary of State September 29, 2022. ] LEGISLATIVE COUNSEL'S DIGESTAB 2841, Low. Disqualification from voting.Existing law requires a county elections official to cancel a persons voter registration in certain circumstances, including when a person is deemed mentally incompetent, upon proof that the person is presently imprisoned for conviction of a felony, and when a person fails to respond to an address verification mailed by the elections official and does not attempt to vote at the next two federal general elections. Existing law also sets forth criteria and procedures for a persons right to vote to be restored.This bill would require the clerk of the superior court of each county to notify the Secretary of State each month of findings made by the court regarding a persons competency to vote and the number of court proceedings related to the determination of a persons competency to vote, as specified. The bill would require the Secretary of State, upon receipt of identifying information for the affected persons, to send this information to the appropriate county elections official, who must proceed to cancel the persons registration or notify the person that their right to vote has been restored, as applicable. The bill would require the elections official to provide notice of the intent to cancel the persons registration between 15 and 30 days before the cancellation.The bill would require the Secretary of State to post a report on their internet website each month showing the number of disqualifications and restorations of voting rights that occurred in each county, and to deliver a training to court officers and elections officials regarding the aforementioned requirements.The bills provisions would become operative on January 1, 2024.By imposing additional duties on county elections officials, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 2201 of the Elections Code is amended to read:2201. (a) The county elections official shall cancel the registration in the following cases:(1) At the signed, written request of the person registered.(2) When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211.(3) Upon proof that the person is presently imprisoned for conviction of a felony.(4) Upon the production of a certified copy of a judgment directing the cancellation to be made.(5) Upon the death of the person registered.(6) Pursuant to Article 2 (commencing with Section 2220).(7) Upon official notification that the voter is registered to vote in another state.(8) Upon proof that the person is otherwise ineligible to vote.(b) The Secretary of State may cancel the registration in the following cases:(1) When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211.(2) Upon proof that the person is presently imprisoned for the conviction of a felony.(3) Upon the death of the person registered.(c) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.SEC. 2. Section 2201 is added to the Elections Code, to read:2201. (a) The county elections official shall cancel the registration in the following cases:(1) At the signed, written request of the person registered.(2) When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211.(3) Upon proof that the person is presently imprisoned for conviction of a felony.(4) Upon the production of a certified copy of a judgment directing the cancellation to be made.(5) Upon the death of the person registered.(6) Pursuant to Article 2 (commencing with Section 2220).(7) Upon official notification that the voter is registered to vote in another state.(8) Upon proof that the person is otherwise ineligible to vote.(b) The Secretary of State may cancel the registration in the following cases:(1) When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211.(2) Upon proof that the person is presently imprisoned for the conviction of a felony.(3) Upon the death of the person registered.(c) (1) Between 15 and 30 days, inclusive, before canceling a persons registration for the reasons specified in paragraphs (2), (3), (5), or (6) of subdivision (a), the county elections official shall send a forwardable notice by first-class mail, including a postage-paid and preaddressed return form, to the person.(A) The notice shall be provided in the persons preferred language if the county is required to provide translated ballots in that language pursuant to Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).(B) The notice shall include a statement substantially similar to the following:IMPORTANT NOTICE. Your voter registration record is scheduled to be canceled on [date]. This cancellation is due to information the [county name] County elections office has received indicating your ineligibility to vote in that county due to a change of residence, death, mental incapacity to vote, or a prison commitment pursuant to Sections 2208, 2209, 2210, or 2211 of the California Elections Code, as applicable.If you believe this cancellation is an error, please notify our office within 15 days from the date of this notice either by returning the attached postage-paid postcard or by calling [county elections office phone number] toll free.If we do not receive your response to this notice, you may be required to reregister to vote in the next election or to vote using a provisional ballot. You can find more information about voter eligibility rules on the Secretary of States internet website at [URL] or voter hotline at [phone numbers]. You can also check your current registration status at [URL].(2) The return form described in paragraph (1) shall include all of the following:(A) Space for the voter to provide their current place of residence.(B) Space for the voter to provide their current mailing address, if different from the place of residence.(C) A box next to a statement substantially similar to the following: I am not currently serving a state or federal prison term.(D) Space for the voter to provide their signature and the date.(3) The elections official may send additional written notices to a voter, and may also notify the voter in person, by telephone or email, or by other means of the planned registration cancellation.(d) This section shall become operative on January 1, 2024.SEC. 3. Section 2208 of the Elections Code is amended to read:2208. (a) A person is presumed competent to vote regardless of the persons conservatorship status. A person shall be deemed mentally incompetent, and therefore disqualified from voting, if, during the course of any of the proceedings set forth below, the court finds by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process, and any of the following apply:(1) A conservator for the person or the person and estate is appointed pursuant to Division 4 (commencing with Section 1400) of the Probate Code.(2) A conservator for the person or the person and estate is appointed pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code.(3) A conservator is appointed for the person pursuant to proceedings initiated under Section 5352.5 of the Welfare and Institutions Code, the person has been found not competent to stand trial, and the persons trial or judgment has been suspended pursuant to Section 1370 of the Penal Code.(4) A person has pleaded not guilty by reason of insanity, has been found to be not guilty pursuant to Section 1026 of the Penal Code, and is deemed to be gravely disabled at the time of judgment as defined in paragraph (2) of subdivision (h) of Section 5008 of the Welfare and Institutions Code.(b) If the proceeding under the Welfare and Institutions Code is heard by a jury, the jury shall unanimously find by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process before the person shall be disqualified from voting.(c) If an order establishing a conservatorship is made and in connection with the order it is found by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process, the court shall forward the order and determination to the Secretary of State and the county elections official of the persons county of residence in the format prescribed by the Secretary of State.(d) A person shall not be disqualified from voting pursuant to this section on the basis that the person does, or would need to do, any of the following to complete an affidavit of voter registration:(1) Signs the affidavit of voter registration with a mark or a cross pursuant to subdivision (b) of Section 2150.(2) Signs the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5.(3) Completes the affidavit of voter registration with the assistance of another person pursuant to subdivision (d) of Section 2150.(4) Completes the affidavit of voter registration with reasonable accommodations.(e) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.SEC. 4. Section 2208 is added to the Elections Code, to read:2208. (a) A person is presumed competent to vote regardless of the persons conservatorship status. A person shall be deemed mentally incompetent, and therefore disqualified from voting, if, during the course of any of the proceedings set forth below, the court finds by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process, and any of the following apply:(1) A conservator for the person or the person and estate is appointed pursuant to Division 4 (commencing with Section 1400) of the Probate Code.(2) A conservator for the person or the person and estate is appointed pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code.(3) A conservator is appointed for the person pursuant to proceedings initiated under Section 5352.5 of the Welfare and Institutions Code, the person has been found not competent to stand trial, and the persons trial or judgment has been suspended pursuant to Section 1370 of the Penal Code.(4) A person has pleaded not guilty by reason of insanity, has been found to be not guilty pursuant to Section 1026 of the Penal Code, and is deemed to be gravely disabled at the time of judgment as defined in paragraph (2) of subdivision (h) of Section 5008 of the Welfare and Institutions Code.(b) If the proceeding under the Welfare and Institutions Code is heard by a jury, the jury shall unanimously find by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process before the person shall be disqualified from voting.(c) If an order establishing a conservatorship is made and in connection with the order it is found by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process, the court shall provide notice to the Secretary of State pursuant to Section 2211.5.(d) A person shall not be disqualified from voting pursuant to this section on the basis that the person does, or would need to do, any of the following to complete an affidavit of voter registration:(1) Signs the affidavit of voter registration with a mark or a cross pursuant to subdivision (b) of Section 2150.(2) Signs the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5.(3) Completes the affidavit of voter registration with the assistance of another person pursuant to subdivision (d) of Section 2150.(4) Completes the affidavit of voter registration with reasonable accommodations.(e) This section shall become operative on January 1, 2024.SEC. 5. Section 2209 of the Elections Code is amended to read:2209. (a) For conservatorships established pursuant to Division 4 (commencing with Section 1400) of the Probate Code, the court investigator shall, during the yearly or biennial review of the conservatorship as required by Chapter 2 (commencing with Section 1850) of Part 3 of Division 4 of the Probate Code, review the persons capability of communicating, with or without reasonable accommodations, a desire to participate in the voting process.(b) If the person has been disqualified from voting by reason of being incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, or by reason of being incapable of completing an affidavit of voter registration, the court investigator shall determine if the person continues to be incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and the investigator shall so inform the court. If the investigator determines that the person continues to be incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, a court hearing on the issue is unnecessary. If the investigator finds that the person is not incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, the court shall hold a hearing to determine if, by clear and convincing evidence, the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process. Unless the person is found incapable of communicating that desire, the persons right to register to vote shall be restored, and the court shall so notify the Secretary of State and the county elections official in the format prescribed by the Secretary of State.(c) If the person has not been found incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and the court investigator determines that the person is no longer capable of communicating that desire, the investigator shall so notify the court. The court shall hold a hearing to determine if, by clear and convincing evidence, the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process. If the court determines that the person cannot communicate that desire, the court shall order the person to be disqualified from voting pursuant to Section 2208, and the court shall so notify the Secretary of State and the county elections official in the format prescribed by the Secretary of State.(d) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.SEC. 6. Section 2209 is added to the Elections Code, to read:2209. (a) For conservatorships established pursuant to Division 4 (commencing with Section 1400) of the Probate Code, the court investigator shall, during the yearly or biennial review of the conservatorship as required by Chapter 2 (commencing with Section 1850) of Part 3 of Division 4 of the Probate Code, review the persons capability of communicating, with or without reasonable accommodations, a desire to participate in the voting process.(b) If the person has been disqualified from voting by reason of being incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, or by reason of being incapable of completing an affidavit of voter registration, the court investigator shall determine if the person continues to be incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and the investigator shall so inform the court. If the investigator determines that the person continues to be incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, a court hearing on the issue is unnecessary. If the investigator finds that the person is not incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, the court shall hold a hearing to determine if, by clear and convincing evidence, the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process. Unless the person is found incapable of communicating that desire, the persons right to register to vote shall be restored, and the court shall provide notice to the Secretary of State pursuant to Section 2211.5.(c) If the person has not been found incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and the court investigator determines that the person is no longer capable of communicating that desire, the investigator shall so notify the court. The court shall hold a hearing to determine if, by clear and convincing evidence, the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process. If the court determines that the person cannot communicate that desire, the court shall order the person to be disqualified from voting pursuant to Section 2208, and the court shall provide notice to the Secretary of State pursuant to Section 2211.5.(d) This section shall become operative on January 1, 2024.SEC. 7. Section 2210 of the Elections Code is amended to read:2210. (a) If the person or the person and estate is under a conservatorship established pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code, the person may contest their disqualification from voting pursuant to the procedure set forth in Section 5358.3 of the Welfare and Institutions Code.(b) When the conservatorship described in subdivision (a) terminates after one year, the persons right to register to vote shall also be automatically restored and notification shall be made to the Secretary of State and the county elections official in the format prescribed by the Secretary of State. If a petition is filed for the reappointment of the conservator, a new determination shall be made as to whether the person should be disqualified from voting.(c) If the right to vote is restored pursuant to Section 5358.3 of the Welfare and Institutions Code or if the conservatorship is terminated in a proceeding held pursuant to Section 5364 of the Welfare and Institutions Code, the court shall notify the Secretary of State and the county elections official of the persons county of residence in the format prescribed by the Secretary of State that the persons right to register to vote is restored.(d) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.SEC. 8. Section 2210 is added to the Elections Code, to read:2210. (a) If the person or the person and estate is under a conservatorship established pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code, the person may contest their disqualification from voting pursuant to the procedure set forth in Section 5358.3 of the Welfare and Institutions Code.(b) When the conservatorship described in subdivision (a) terminates after one year, the persons right to register to vote shall be automatically restored and the court shall provide notice to the Secretary of State pursuant to Section 2211.5. If a petition is filed for the reappointment of the conservator, a new determination shall be made as to whether the person should be disqualified from voting.(c) If the right to vote is restored pursuant to Section 5358.3 of the Welfare and Institutions Code or if the conservatorship is terminated in a proceeding held pursuant to Section 5364 of the Welfare and Institutions Code, the court shall provide notice to the Secretary of State pursuant to Section 2211.5.(d) This section shall become operative on January 1, 2024.SEC. 9. Section 2211 of the Elections Code is amended to read:2211. (a) Any person who (1) has plead not guilty by reason of insanity and who has been found to be not guilty pursuant to Section 1026 of the Penal Code, (2) has been found incompetent to stand trial and whose trial or judgment has been suspended pursuant to Section 1370 of the Penal Code, (3) has been convicted of a felony and who was judicially determined to be a mentally disordered sex offender pursuant to former Section 6300 of the Welfare and Institutions Code, as repealed by Chapter 928 of the Statutes of 1981, or (4) has been convicted of a felony and is being treated at a state hospital pursuant to Section 2684 of the Penal Code shall be disqualified from voting or registering to vote during that time that the person is involuntarily confined, pursuant to a court order, in a public or private facility.(b) Upon the order of commitment to a treatment facility referred to in subdivision (a), the court shall notify the Secretary of State and the county elections official of the persons county of residence in the format prescribed by the Secretary of State and order the person to be disqualified from voting or registering to vote.(c) If the person is later released from the public or private treatment facility, the court shall notify the Secretary of State and the county elections official of the persons county of residence in the format prescribed by the Secretary of State that the right of the person to register to vote is restored.(d) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.SEC. 10. Section 2211 is added to the Elections Code, to read:2211. (a) Any person who (1) has plead not guilty by reason of insanity and who has been found to be not guilty pursuant to Section 1026 of the Penal Code, (2) has been found incompetent to stand trial and whose trial or judgment has been suspended pursuant to Section 1370 of the Penal Code, (3) has been convicted of a felony and who was judicially determined to be a mentally disordered sex offender pursuant to former Section 6300 of the Welfare and Institutions Code, as repealed by Chapter 928 of the Statutes of 1981, or (4) has been convicted of a felony and is being treated at a state hospital pursuant to Section 2684 of the Penal Code shall be disqualified from voting or registering to vote during that time that the person is involuntarily confined, pursuant to a court order, in a public or private facility.(b) Upon the order of commitment to a treatment facility referred to in subdivision (a), the court shall provide notice to the Secretary of State pursuant to Section 2211.5.(c) If the person is later released from the public or private treatment facility, the court shall provide notice to the Secretary of State pursuant to Section 2211.5.(d) This section shall become operative on January 1, 2024.SEC. 11. Section 2211.5 is added to the Elections Code, to read:2211.5. (a) By the first day of each month, and more frequently if the clerk so chooses, the clerk of the superior court of each county shall notify the Secretary of State pursuant to subdivision (b) of each of the following:(1) All findings made by the court regarding any persons competency to vote, as specified in each of Sections 2208 through 2211, inclusive, since the clerks last report.(2) The total number of proceedings, as specified in paragraphs (1) through (4) of subdivision (a) of Section 2208, that occurred in that court since the clerks last report.(b) In consultation with the Secretary of State, the Judicial Council shall adopt rules of court to implement this section and Judicial Council forms that shall be used by courts to furnish the notices described in subdivision (a). The forms shall contain clearly identified spaces for all of the following:(1) Personal identification information for the affected person, including all of the following:(A) All known first names.(B) All known last names.(C) All known middle names.(D) All known name suffixes.(E) Last known address.(F) Date of birth.(G) Last four digits of the persons social security number, if available.(H) Drivers license or state-issued identification number, if available.(2) The court case number.(3) The date of the order affecting the individuals voting rights.(4) Whether the courts order is made pursuant to Section 2208, 2209, 2210, or 2211.(5) Whether the legal effect of the courts order is a disqualification or a restoration of the right to vote.(6) A certification, if applicable, that the individual has been disqualified from voting due to the courts finding by clear and convincing evidence that the individual is incapable, with or without reasonable accommodations, to communicate a desire to participate in the voting process.(c) The Secretary of State shall inform the clerk of the court when it receives a notice from the court that is missing any information required by subdivision (b).(d) Upon receipt of all of the required information described in subdivision (b), the Secretary of State shall do both of the following:(1) Identify any registration record in the statewide voter database that contains personal identifying information that matches each of the unique identifiers described in subdivision (b).(2) Within three days of receiving the information from the court, for any matched records described in paragraph (1), provide the information described in paragraph (1) of subdivision (b), the corresponding unique identifier or identifiers contained in the statewide voter database, and a statement regarding whether the legal effect of the courts order is to disqualify or restore the right to vote, to the appropriate county elections official.(e) Upon receiving information from the Secretary of State pursuant to subdivision (d), the county elections official shall do either of the following, as applicable:(1) The elections official shall begin the cancellation procedures described in subdivision (c) of Section 2201 for any person whose registration information matches the unique identifier or identifiers provided by the Secretary of State and who, according to the information provided by the Secretary of State, has been disqualified to vote by a court.(2) (A) If a persons right to vote has been restored and their address is within the county according to the information provided by the Secretary of State, the elections official shall notify the person that their voting rights are restored and that they may register to vote if they are otherwise eligible. The elections official shall also provide the person with information regarding the procedures for registering to vote. If the address provided by the Secretary of State is different from the address contained in the countys voter registration file, the elections official shall provide the foregoing notice and information to the person at both addresses.(B) The Secretary of State shall prepare a form that county elections officials shall use to provide the notice described in subparagraph (A).(f) A county or county elections official shall not be liable for taking or failing to take the actions described in subdivision (e) when the county or county elections official has received erroneous information from the Secretary of State.(g) If a person who is ineligible to vote receives a notice under paragraph (2) of subdivision (e), subsequently becomes registered or preregistered to vote, and votes or attempts to vote in an election held after the effective date of the persons registration or preregistration, that person shall be presumed to have acted with official authorization and shall not be guilty of fraudulently voting or attempting to vote pursuant to Section 18560, unless that person willfully votes or attempts to vote knowing that the person is not eligible to vote.(h) This section shall become operative on January 1, 2024.SEC. 12. Section 2214 is added to the Elections Code, to read:2214. (a) Each month, the Secretary of State shall post on its internet website a report showing, for the preceding period, the number of voting rights disqualifications and the number of voting rights restorations pursuant to each of Sections 2208 through 2212, as applicable, that were ordered within each county and the number of proceedings specified in paragraphs (1) through (4) of subdivision (a) of Section 2208 that occurred within each county.(b) In consultation with the Judicial Council, the Secretary of State shall prepare and deliver a training via a remote web-based learning platform that is accessible through the Secretary of States internet website. The training shall contain information about the responsibilities of superior courts and county elections officials, as specified in this chapter, and information about the legal standards for voting rights disqualification, the duties of court investigators, and the reporting requirements for courts related to voting rights disqualification and restoration.(c) At least annually, each court executive officer and each county elections official shall complete the training described in subdivision (b). The trainings completed by court executive officers and county elections officials shall be tracked through the remote web-based learning platform provided by the Secretary of State.(d) This section shall become operative on January 1, 2024.SEC. 13. Section 5358.3 of the Welfare and Institutions Code is amended to read:5358.3. (a) At any time, a conservatee or any person on the conservatees behalf with the consent of the conservatee or the conservatees counsel, may petition the court for a hearing to contest the rights denied under Section 5357 or the powers granted to the conservator under Section 5358. However, after the filing of the first petition for hearing pursuant to this section, no further petition for rehearing shall be submitted for a period of six months.(b) A request for hearing pursuant to this section shall not affect the right of a conservatee to petition the court for a rehearing as to their status as a conservatee pursuant to Section 5364. A hearing pursuant to this section shall not include trial by jury. If a persons right to vote is restored, the court shall so notify the county elections official pursuant to subdivision (c) of Section 2210 of the Elections Code.(c) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.SEC. 14. Section 5358.3 is added to the Welfare and Institutions Code, to read:5358.3. (a) At any time, a conservatee or any person on the conservatees behalf with the consent of the conservatee or the conservatees counsel, may petition the court for a hearing to contest the rights denied under Section 5357 or the powers granted to the conservator under Section 5358. However, after the filing of the first petition for hearing pursuant to this section, no further petition for rehearing shall be submitted for a period of six months.(b) A request for hearing pursuant to this section shall not affect the right of a conservatee to petition the court for a rehearing as to their status as a conservatee pursuant to Section 5364. A hearing pursuant to this section shall not include trial by jury. If a persons right to vote is restored, the court shall provide notice to the Secretary of State pursuant to Section 2211.5 of the Elections Code.(c) This section shall become operative on January 1, 2024.SEC. 15. Section 5364 of the Welfare and Institutions Code is amended to read:5364. (a) At any time, the conservatee may petition the superior court for a rehearing as to their status as a conservatee. However, after the filing of the first petition for rehearing pursuant to this section, no further petition for rehearing shall be submitted for a period of six months. If the conservatorship is terminated pursuant to this section, the court shall, in accordance with subdivision (c) of Section 2210 of the Elections Code, notify the county elections official that the persons right to register to vote is restored.(b) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.SEC. 16. Section 5364 is added to the Welfare and Institutions Code, to read:5364. (a) At any time, the conservatee may petition the superior court for a rehearing as to their status as a conservatee. However, after the filing of the first petition for rehearing pursuant to this section, no further petition for rehearing shall be submitted for a period of six months. If the conservatorship is terminated pursuant to this section, the court shall provide notice to the Secretary of State pursuant to Section 2211.5 of the Elections Code.(b) This section shall become operative on January 1, 2024.SEC. 17. 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. |
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| 1 | + | Enrolled September 01, 2022 Passed IN Senate August 29, 2022 Passed IN Assembly August 30, 2022 Amended IN Senate August 11, 2022 Amended IN Assembly May 19, 2022 Amended IN Assembly March 24, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2841Introduced by Assembly Member Low(Coauthor: Senator Becker)February 18, 2022 An act to amend, repeal, and add Sections 2201, 2208, 2209, 2210, and 2211 of, and to add Sections 2211.5 and 2214 to, the Elections Code, and to amend, repeal, and add Sections 5358.3 and 5364 of the Welfare and Institutions Code, relating to elections. LEGISLATIVE COUNSEL'S DIGESTAB 2841, Low. Disqualification from voting.Existing law requires a county elections official to cancel a persons voter registration in certain circumstances, including when a person is deemed mentally incompetent, upon proof that the person is presently imprisoned for conviction of a felony, and when a person fails to respond to an address verification mailed by the elections official and does not attempt to vote at the next two federal general elections. Existing law also sets forth criteria and procedures for a persons right to vote to be restored.This bill would require the clerk of the superior court of each county to notify the Secretary of State each month of findings made by the court regarding a persons competency to vote and the number of court proceedings related to the determination of a persons competency to vote, as specified. The bill would require the Secretary of State, upon receipt of identifying information for the affected persons, to send this information to the appropriate county elections official, who must proceed to cancel the persons registration or notify the person that their right to vote has been restored, as applicable. The bill would require the elections official to provide notice of the intent to cancel the persons registration between 15 and 30 days before the cancellation.The bill would require the Secretary of State to post a report on their internet website each month showing the number of disqualifications and restorations of voting rights that occurred in each county, and to deliver a training to court officers and elections officials regarding the aforementioned requirements.The bills provisions would become operative on January 1, 2024.By imposing additional duties on county elections officials, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 2201 of the Elections Code is amended to read:2201. (a) The county elections official shall cancel the registration in the following cases:(1) At the signed, written request of the person registered.(2) When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211.(3) Upon proof that the person is presently imprisoned for conviction of a felony.(4) Upon the production of a certified copy of a judgment directing the cancellation to be made.(5) Upon the death of the person registered.(6) Pursuant to Article 2 (commencing with Section 2220).(7) Upon official notification that the voter is registered to vote in another state.(8) Upon proof that the person is otherwise ineligible to vote.(b) The Secretary of State may cancel the registration in the following cases:(1) When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211.(2) Upon proof that the person is presently imprisoned for the conviction of a felony.(3) Upon the death of the person registered.(c) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.SEC. 2. Section 2201 is added to the Elections Code, to read:2201. (a) The county elections official shall cancel the registration in the following cases:(1) At the signed, written request of the person registered.(2) When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211.(3) Upon proof that the person is presently imprisoned for conviction of a felony.(4) Upon the production of a certified copy of a judgment directing the cancellation to be made.(5) Upon the death of the person registered.(6) Pursuant to Article 2 (commencing with Section 2220).(7) Upon official notification that the voter is registered to vote in another state.(8) Upon proof that the person is otherwise ineligible to vote.(b) The Secretary of State may cancel the registration in the following cases:(1) When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211.(2) Upon proof that the person is presently imprisoned for the conviction of a felony.(3) Upon the death of the person registered.(c) (1) Between 15 and 30 days, inclusive, before canceling a persons registration for the reasons specified in paragraphs (2), (3), (5), or (6) of subdivision (a), the county elections official shall send a forwardable notice by first-class mail, including a postage-paid and preaddressed return form, to the person.(A) The notice shall be provided in the persons preferred language if the county is required to provide translated ballots in that language pursuant to Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).(B) The notice shall include a statement substantially similar to the following:IMPORTANT NOTICE. Your voter registration record is scheduled to be canceled on [date]. This cancellation is due to information the [county name] County elections office has received indicating your ineligibility to vote in that county due to a change of residence, death, mental incapacity to vote, or a prison commitment pursuant to Sections 2208, 2209, 2210, or 2211 of the California Elections Code, as applicable.If you believe this cancellation is an error, please notify our office within 15 days from the date of this notice either by returning the attached postage-paid postcard or by calling [county elections office phone number] toll free.If we do not receive your response to this notice, you may be required to reregister to vote in the next election or to vote using a provisional ballot. You can find more information about voter eligibility rules on the Secretary of States internet website at [URL] or voter hotline at [phone numbers]. You can also check your current registration status at [URL].(2) The return form described in paragraph (1) shall include all of the following:(A) Space for the voter to provide their current place of residence.(B) Space for the voter to provide their current mailing address, if different from the place of residence.(C) A box next to a statement substantially similar to the following: I am not currently serving a state or federal prison term.(D) Space for the voter to provide their signature and the date.(3) The elections official may send additional written notices to a voter, and may also notify the voter in person, by telephone or email, or by other means of the planned registration cancellation.(d) This section shall become operative on January 1, 2024.SEC. 3. Section 2208 of the Elections Code is amended to read:2208. (a) A person is presumed competent to vote regardless of the persons conservatorship status. A person shall be deemed mentally incompetent, and therefore disqualified from voting, if, during the course of any of the proceedings set forth below, the court finds by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process, and any of the following apply:(1) A conservator for the person or the person and estate is appointed pursuant to Division 4 (commencing with Section 1400) of the Probate Code.(2) A conservator for the person or the person and estate is appointed pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code.(3) A conservator is appointed for the person pursuant to proceedings initiated under Section 5352.5 of the Welfare and Institutions Code, the person has been found not competent to stand trial, and the persons trial or judgment has been suspended pursuant to Section 1370 of the Penal Code.(4) A person has pleaded not guilty by reason of insanity, has been found to be not guilty pursuant to Section 1026 of the Penal Code, and is deemed to be gravely disabled at the time of judgment as defined in paragraph (2) of subdivision (h) of Section 5008 of the Welfare and Institutions Code.(b) If the proceeding under the Welfare and Institutions Code is heard by a jury, the jury shall unanimously find by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process before the person shall be disqualified from voting.(c) If an order establishing a conservatorship is made and in connection with the order it is found by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process, the court shall forward the order and determination to the Secretary of State and the county elections official of the persons county of residence in the format prescribed by the Secretary of State.(d) A person shall not be disqualified from voting pursuant to this section on the basis that the person does, or would need to do, any of the following to complete an affidavit of voter registration:(1) Signs the affidavit of voter registration with a mark or a cross pursuant to subdivision (b) of Section 2150.(2) Signs the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5.(3) Completes the affidavit of voter registration with the assistance of another person pursuant to subdivision (d) of Section 2150.(4) Completes the affidavit of voter registration with reasonable accommodations.(e) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.SEC. 4. Section 2208 is added to the Elections Code, to read:2208. (a) A person is presumed competent to vote regardless of the persons conservatorship status. A person shall be deemed mentally incompetent, and therefore disqualified from voting, if, during the course of any of the proceedings set forth below, the court finds by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process, and any of the following apply:(1) A conservator for the person or the person and estate is appointed pursuant to Division 4 (commencing with Section 1400) of the Probate Code.(2) A conservator for the person or the person and estate is appointed pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code.(3) A conservator is appointed for the person pursuant to proceedings initiated under Section 5352.5 of the Welfare and Institutions Code, the person has been found not competent to stand trial, and the persons trial or judgment has been suspended pursuant to Section 1370 of the Penal Code.(4) A person has pleaded not guilty by reason of insanity, has been found to be not guilty pursuant to Section 1026 of the Penal Code, and is deemed to be gravely disabled at the time of judgment as defined in paragraph (2) of subdivision (h) of Section 5008 of the Welfare and Institutions Code.(b) If the proceeding under the Welfare and Institutions Code is heard by a jury, the jury shall unanimously find by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process before the person shall be disqualified from voting.(c) If an order establishing a conservatorship is made and in connection with the order it is found by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process, the court shall provide notice to the Secretary of State pursuant to Section 2211.5.(d) A person shall not be disqualified from voting pursuant to this section on the basis that the person does, or would need to do, any of the following to complete an affidavit of voter registration:(1) Signs the affidavit of voter registration with a mark or a cross pursuant to subdivision (b) of Section 2150.(2) Signs the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5.(3) Completes the affidavit of voter registration with the assistance of another person pursuant to subdivision (d) of Section 2150.(4) Completes the affidavit of voter registration with reasonable accommodations.(e) This section shall become operative on January 1, 2024.SEC. 5. Section 2209 of the Elections Code is amended to read:2209. (a) For conservatorships established pursuant to Division 4 (commencing with Section 1400) of the Probate Code, the court investigator shall, during the yearly or biennial review of the conservatorship as required by Chapter 2 (commencing with Section 1850) of Part 3 of Division 4 of the Probate Code, review the persons capability of communicating, with or without reasonable accommodations, a desire to participate in the voting process.(b) If the person has been disqualified from voting by reason of being incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, or by reason of being incapable of completing an affidavit of voter registration, the court investigator shall determine if the person continues to be incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and the investigator shall so inform the court. If the investigator determines that the person continues to be incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, a court hearing on the issue is unnecessary. If the investigator finds that the person is not incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, the court shall hold a hearing to determine if, by clear and convincing evidence, the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process. Unless the person is found incapable of communicating that desire, the persons right to register to vote shall be restored, and the court shall so notify the Secretary of State and the county elections official in the format prescribed by the Secretary of State.(c) If the person has not been found incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and the court investigator determines that the person is no longer capable of communicating that desire, the investigator shall so notify the court. The court shall hold a hearing to determine if, by clear and convincing evidence, the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process. If the court determines that the person cannot communicate that desire, the court shall order the person to be disqualified from voting pursuant to Section 2208, and the court shall so notify the Secretary of State and the county elections official in the format prescribed by the Secretary of State.(d) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.SEC. 6. Section 2209 is added to the Elections Code, to read:2209. (a) For conservatorships established pursuant to Division 4 (commencing with Section 1400) of the Probate Code, the court investigator shall, during the yearly or biennial review of the conservatorship as required by Chapter 2 (commencing with Section 1850) of Part 3 of Division 4 of the Probate Code, review the persons capability of communicating, with or without reasonable accommodations, a desire to participate in the voting process.(b) If the person has been disqualified from voting by reason of being incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, or by reason of being incapable of completing an affidavit of voter registration, the court investigator shall determine if the person continues to be incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and the investigator shall so inform the court. If the investigator determines that the person continues to be incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, a court hearing on the issue is unnecessary. If the investigator finds that the person is not incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, the court shall hold a hearing to determine if, by clear and convincing evidence, the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process. Unless the person is found incapable of communicating that desire, the persons right to register to vote shall be restored, and the court shall provide notice to the Secretary of State pursuant to Section 2211.5.(c) If the person has not been found incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and the court investigator determines that the person is no longer capable of communicating that desire, the investigator shall so notify the court. The court shall hold a hearing to determine if, by clear and convincing evidence, the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process. If the court determines that the person cannot communicate that desire, the court shall order the person to be disqualified from voting pursuant to Section 2208, and the court shall provide notice to the Secretary of State pursuant to Section 2211.5.(d) This section shall become operative on January 1, 2024.SEC. 7. Section 2210 of the Elections Code is amended to read:2210. (a) If the person or the person and estate is under a conservatorship established pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code, the person may contest their disqualification from voting pursuant to the procedure set forth in Section 5358.3 of the Welfare and Institutions Code.(b) When the conservatorship described in subdivision (a) terminates after one year, the persons right to register to vote shall also be automatically restored and notification shall be made to the Secretary of State and the county elections official in the format prescribed by the Secretary of State. If a petition is filed for the reappointment of the conservator, a new determination shall be made as to whether the person should be disqualified from voting.(c) If the right to vote is restored pursuant to Section 5358.3 of the Welfare and Institutions Code or if the conservatorship is terminated in a proceeding held pursuant to Section 5364 of the Welfare and Institutions Code, the court shall notify the Secretary of State and the county elections official of the persons county of residence in the format prescribed by the Secretary of State that the persons right to register to vote is restored.(d) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.SEC. 8. Section 2210 is added to the Elections Code, to read:2210. (a) If the person or the person and estate is under a conservatorship established pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code, the person may contest their disqualification from voting pursuant to the procedure set forth in Section 5358.3 of the Welfare and Institutions Code.(b) When the conservatorship described in subdivision (a) terminates after one year, the persons right to register to vote shall be automatically restored and the court shall provide notice to the Secretary of State pursuant to Section 2211.5. If a petition is filed for the reappointment of the conservator, a new determination shall be made as to whether the person should be disqualified from voting.(c) If the right to vote is restored pursuant to Section 5358.3 of the Welfare and Institutions Code or if the conservatorship is terminated in a proceeding held pursuant to Section 5364 of the Welfare and Institutions Code, the court shall provide notice to the Secretary of State pursuant to Section 2211.5.(d) This section shall become operative on January 1, 2024.SEC. 9. Section 2211 of the Elections Code is amended to read:2211. (a) Any person who (1) has plead not guilty by reason of insanity and who has been found to be not guilty pursuant to Section 1026 of the Penal Code, (2) has been found incompetent to stand trial and whose trial or judgment has been suspended pursuant to Section 1370 of the Penal Code, (3) has been convicted of a felony and who was judicially determined to be a mentally disordered sex offender pursuant to former Section 6300 of the Welfare and Institutions Code, as repealed by Chapter 928 of the Statutes of 1981, or (4) has been convicted of a felony and is being treated at a state hospital pursuant to Section 2684 of the Penal Code shall be disqualified from voting or registering to vote during that time that the person is involuntarily confined, pursuant to a court order, in a public or private facility.(b) Upon the order of commitment to a treatment facility referred to in subdivision (a), the court shall notify the Secretary of State and the county elections official of the persons county of residence in the format prescribed by the Secretary of State and order the person to be disqualified from voting or registering to vote.(c) If the person is later released from the public or private treatment facility, the court shall notify the Secretary of State and the county elections official of the persons county of residence in the format prescribed by the Secretary of State that the right of the person to register to vote is restored.(d) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.SEC. 10. Section 2211 is added to the Elections Code, to read:2211. (a) Any person who (1) has plead not guilty by reason of insanity and who has been found to be not guilty pursuant to Section 1026 of the Penal Code, (2) has been found incompetent to stand trial and whose trial or judgment has been suspended pursuant to Section 1370 of the Penal Code, (3) has been convicted of a felony and who was judicially determined to be a mentally disordered sex offender pursuant to former Section 6300 of the Welfare and Institutions Code, as repealed by Chapter 928 of the Statutes of 1981, or (4) has been convicted of a felony and is being treated at a state hospital pursuant to Section 2684 of the Penal Code shall be disqualified from voting or registering to vote during that time that the person is involuntarily confined, pursuant to a court order, in a public or private facility.(b) Upon the order of commitment to a treatment facility referred to in subdivision (a), the court shall provide notice to the Secretary of State pursuant to Section 2211.5.(c) If the person is later released from the public or private treatment facility, the court shall provide notice to the Secretary of State pursuant to Section 2211.5.(d) This section shall become operative on January 1, 2024.SEC. 11. Section 2211.5 is added to the Elections Code, to read:2211.5. (a) By the first day of each month, and more frequently if the clerk so chooses, the clerk of the superior court of each county shall notify the Secretary of State pursuant to subdivision (b) of each of the following:(1) All findings made by the court regarding any persons competency to vote, as specified in each of Sections 2208 through 2211, inclusive, since the clerks last report.(2) The total number of proceedings, as specified in paragraphs (1) through (4) of subdivision (a) of Section 2208, that occurred in that court since the clerks last report.(b) In consultation with the Secretary of State, the Judicial Council shall adopt rules of court to implement this section and Judicial Council forms that shall be used by courts to furnish the notices described in subdivision (a). The forms shall contain clearly identified spaces for all of the following:(1) Personal identification information for the affected person, including all of the following:(A) All known first names.(B) All known last names.(C) All known middle names.(D) All known name suffixes.(E) Last known address.(F) Date of birth.(G) Last four digits of the persons social security number, if available.(H) Drivers license or state-issued identification number, if available.(2) The court case number.(3) The date of the order affecting the individuals voting rights.(4) Whether the courts order is made pursuant to Section 2208, 2209, 2210, or 2211.(5) Whether the legal effect of the courts order is a disqualification or a restoration of the right to vote.(6) A certification, if applicable, that the individual has been disqualified from voting due to the courts finding by clear and convincing evidence that the individual is incapable, with or without reasonable accommodations, to communicate a desire to participate in the voting process.(c) The Secretary of State shall inform the clerk of the court when it receives a notice from the court that is missing any information required by subdivision (b).(d) Upon receipt of all of the required information described in subdivision (b), the Secretary of State shall do both of the following:(1) Identify any registration record in the statewide voter database that contains personal identifying information that matches each of the unique identifiers described in subdivision (b).(2) Within three days of receiving the information from the court, for any matched records described in paragraph (1), provide the information described in paragraph (1) of subdivision (b), the corresponding unique identifier or identifiers contained in the statewide voter database, and a statement regarding whether the legal effect of the courts order is to disqualify or restore the right to vote, to the appropriate county elections official.(e) Upon receiving information from the Secretary of State pursuant to subdivision (d), the county elections official shall do either of the following, as applicable:(1) The elections official shall begin the cancellation procedures described in subdivision (c) of Section 2201 for any person whose registration information matches the unique identifier or identifiers provided by the Secretary of State and who, according to the information provided by the Secretary of State, has been disqualified to vote by a court.(2) (A) If a persons right to vote has been restored and their address is within the county according to the information provided by the Secretary of State, the elections official shall notify the person that their voting rights are restored and that they may register to vote if they are otherwise eligible. The elections official shall also provide the person with information regarding the procedures for registering to vote. If the address provided by the Secretary of State is different from the address contained in the countys voter registration file, the elections official shall provide the foregoing notice and information to the person at both addresses.(B) The Secretary of State shall prepare a form that county elections officials shall use to provide the notice described in subparagraph (A).(f) A county or county elections official shall not be liable for taking or failing to take the actions described in subdivision (e) when the county or county elections official has received erroneous information from the Secretary of State.(g) If a person who is ineligible to vote receives a notice under paragraph (2) of subdivision (e), subsequently becomes registered or preregistered to vote, and votes or attempts to vote in an election held after the effective date of the persons registration or preregistration, that person shall be presumed to have acted with official authorization and shall not be guilty of fraudulently voting or attempting to vote pursuant to Section 18560, unless that person willfully votes or attempts to vote knowing that the person is not eligible to vote.(h) This section shall become operative on January 1, 2024.SEC. 12. Section 2214 is added to the Elections Code, to read:2214. (a) Each month, the Secretary of State shall post on its internet website a report showing, for the preceding period, the number of voting rights disqualifications and the number of voting rights restorations pursuant to each of Sections 2208 through 2212, as applicable, that were ordered within each county and the number of proceedings specified in paragraphs (1) through (4) of subdivision (a) of Section 2208 that occurred within each county.(b) In consultation with the Judicial Council, the Secretary of State shall prepare and deliver a training via a remote web-based learning platform that is accessible through the Secretary of States internet website. The training shall contain information about the responsibilities of superior courts and county elections officials, as specified in this chapter, and information about the legal standards for voting rights disqualification, the duties of court investigators, and the reporting requirements for courts related to voting rights disqualification and restoration.(c) At least annually, each court executive officer and each county elections official shall complete the training described in subdivision (b). The trainings completed by court executive officers and county elections officials shall be tracked through the remote web-based learning platform provided by the Secretary of State.(d) This section shall become operative on January 1, 2024.SEC. 13. Section 5358.3 of the Welfare and Institutions Code is amended to read:5358.3. (a) At any time, a conservatee or any person on the conservatees behalf with the consent of the conservatee or the conservatees counsel, may petition the court for a hearing to contest the rights denied under Section 5357 or the powers granted to the conservator under Section 5358. However, after the filing of the first petition for hearing pursuant to this section, no further petition for rehearing shall be submitted for a period of six months.(b) A request for hearing pursuant to this section shall not affect the right of a conservatee to petition the court for a rehearing as to their status as a conservatee pursuant to Section 5364. A hearing pursuant to this section shall not include trial by jury. If a persons right to vote is restored, the court shall so notify the county elections official pursuant to subdivision (c) of Section 2210 of the Elections Code.(c) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.SEC. 14. Section 5358.3 is added to the Welfare and Institutions Code, to read:5358.3. (a) At any time, a conservatee or any person on the conservatees behalf with the consent of the conservatee or the conservatees counsel, may petition the court for a hearing to contest the rights denied under Section 5357 or the powers granted to the conservator under Section 5358. However, after the filing of the first petition for hearing pursuant to this section, no further petition for rehearing shall be submitted for a period of six months.(b) A request for hearing pursuant to this section shall not affect the right of a conservatee to petition the court for a rehearing as to their status as a conservatee pursuant to Section 5364. A hearing pursuant to this section shall not include trial by jury. If a persons right to vote is restored, the court shall provide notice to the Secretary of State pursuant to Section 2211.5 of the Elections Code.(c) This section shall become operative on January 1, 2024.SEC. 15. Section 5364 of the Welfare and Institutions Code is amended to read:5364. (a) At any time, the conservatee may petition the superior court for a rehearing as to their status as a conservatee. However, after the filing of the first petition for rehearing pursuant to this section, no further petition for rehearing shall be submitted for a period of six months. If the conservatorship is terminated pursuant to this section, the court shall, in accordance with subdivision (c) of Section 2210 of the Elections Code, notify the county elections official that the persons right to register to vote is restored.(b) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.SEC. 16. Section 5364 is added to the Welfare and Institutions Code, to read:5364. (a) At any time, the conservatee may petition the superior court for a rehearing as to their status as a conservatee. However, after the filing of the first petition for rehearing pursuant to this section, no further petition for rehearing shall be submitted for a period of six months. If the conservatorship is terminated pursuant to this section, the court shall provide notice to the Secretary of State pursuant to Section 2211.5 of the Elections Code.(b) This section shall become operative on January 1, 2024.SEC. 17. 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. |
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| 14 | 26 | | |
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| 15 | 27 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 16 | 28 | | |
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| 17 | 29 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 18 | 30 | | |
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| 19 | 31 | | AB 2841, Low. Disqualification from voting. |
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| 20 | 32 | | |
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| 21 | 33 | | Existing law requires a county elections official to cancel a persons voter registration in certain circumstances, including when a person is deemed mentally incompetent, upon proof that the person is presently imprisoned for conviction of a felony, and when a person fails to respond to an address verification mailed by the elections official and does not attempt to vote at the next two federal general elections. Existing law also sets forth criteria and procedures for a persons right to vote to be restored.This bill would require the clerk of the superior court of each county to notify the Secretary of State each month of findings made by the court regarding a persons competency to vote and the number of court proceedings related to the determination of a persons competency to vote, as specified. The bill would require the Secretary of State, upon receipt of identifying information for the affected persons, to send this information to the appropriate county elections official, who must proceed to cancel the persons registration or notify the person that their right to vote has been restored, as applicable. The bill would require the elections official to provide notice of the intent to cancel the persons registration between 15 and 30 days before the cancellation.The bill would require the Secretary of State to post a report on their internet website each month showing the number of disqualifications and restorations of voting rights that occurred in each county, and to deliver a training to court officers and elections officials regarding the aforementioned requirements.The bills provisions would become operative on January 1, 2024.By imposing additional duties on county elections officials, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. |
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| 22 | 34 | | |
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| 23 | 35 | | Existing law requires a county elections official to cancel a persons voter registration in certain circumstances, including when a person is deemed mentally incompetent, upon proof that the person is presently imprisoned for conviction of a felony, and when a person fails to respond to an address verification mailed by the elections official and does not attempt to vote at the next two federal general elections. Existing law also sets forth criteria and procedures for a persons right to vote to be restored. |
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| 24 | 36 | | |
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| 25 | 37 | | This bill would require the clerk of the superior court of each county to notify the Secretary of State each month of findings made by the court regarding a persons competency to vote and the number of court proceedings related to the determination of a persons competency to vote, as specified. The bill would require the Secretary of State, upon receipt of identifying information for the affected persons, to send this information to the appropriate county elections official, who must proceed to cancel the persons registration or notify the person that their right to vote has been restored, as applicable. The bill would require the elections official to provide notice of the intent to cancel the persons registration between 15 and 30 days before the cancellation. |
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| 26 | 38 | | |
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| 27 | 39 | | The bill would require the Secretary of State to post a report on their internet website each month showing the number of disqualifications and restorations of voting rights that occurred in each county, and to deliver a training to court officers and elections officials regarding the aforementioned requirements. |
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| 28 | 40 | | |
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| 29 | 41 | | The bills provisions would become operative on January 1, 2024. |
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| 30 | 42 | | |
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| 31 | 43 | | By imposing additional duties on county elections officials, the bill would impose a state-mandated local program. |
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| 32 | 44 | | |
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| 33 | 45 | | 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. |
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| 34 | 46 | | |
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| 35 | 47 | | 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 the statutory provisions noted above. |
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| 36 | 48 | | |
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| 37 | 49 | | ## Digest Key |
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| 38 | 50 | | |
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| 39 | 51 | | ## Bill Text |
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| 40 | 52 | | |
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| 41 | 53 | | The people of the State of California do enact as follows:SECTION 1. Section 2201 of the Elections Code is amended to read:2201. (a) The county elections official shall cancel the registration in the following cases:(1) At the signed, written request of the person registered.(2) When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211.(3) Upon proof that the person is presently imprisoned for conviction of a felony.(4) Upon the production of a certified copy of a judgment directing the cancellation to be made.(5) Upon the death of the person registered.(6) Pursuant to Article 2 (commencing with Section 2220).(7) Upon official notification that the voter is registered to vote in another state.(8) Upon proof that the person is otherwise ineligible to vote.(b) The Secretary of State may cancel the registration in the following cases:(1) When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211.(2) Upon proof that the person is presently imprisoned for the conviction of a felony.(3) Upon the death of the person registered.(c) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.SEC. 2. Section 2201 is added to the Elections Code, to read:2201. (a) The county elections official shall cancel the registration in the following cases:(1) At the signed, written request of the person registered.(2) When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211.(3) Upon proof that the person is presently imprisoned for conviction of a felony.(4) Upon the production of a certified copy of a judgment directing the cancellation to be made.(5) Upon the death of the person registered.(6) Pursuant to Article 2 (commencing with Section 2220).(7) Upon official notification that the voter is registered to vote in another state.(8) Upon proof that the person is otherwise ineligible to vote.(b) The Secretary of State may cancel the registration in the following cases:(1) When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211.(2) Upon proof that the person is presently imprisoned for the conviction of a felony.(3) Upon the death of the person registered.(c) (1) Between 15 and 30 days, inclusive, before canceling a persons registration for the reasons specified in paragraphs (2), (3), (5), or (6) of subdivision (a), the county elections official shall send a forwardable notice by first-class mail, including a postage-paid and preaddressed return form, to the person.(A) The notice shall be provided in the persons preferred language if the county is required to provide translated ballots in that language pursuant to Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).(B) The notice shall include a statement substantially similar to the following:IMPORTANT NOTICE. Your voter registration record is scheduled to be canceled on [date]. This cancellation is due to information the [county name] County elections office has received indicating your ineligibility to vote in that county due to a change of residence, death, mental incapacity to vote, or a prison commitment pursuant to Sections 2208, 2209, 2210, or 2211 of the California Elections Code, as applicable.If you believe this cancellation is an error, please notify our office within 15 days from the date of this notice either by returning the attached postage-paid postcard or by calling [county elections office phone number] toll free.If we do not receive your response to this notice, you may be required to reregister to vote in the next election or to vote using a provisional ballot. You can find more information about voter eligibility rules on the Secretary of States internet website at [URL] or voter hotline at [phone numbers]. You can also check your current registration status at [URL].(2) The return form described in paragraph (1) shall include all of the following:(A) Space for the voter to provide their current place of residence.(B) Space for the voter to provide their current mailing address, if different from the place of residence.(C) A box next to a statement substantially similar to the following: I am not currently serving a state or federal prison term.(D) Space for the voter to provide their signature and the date.(3) The elections official may send additional written notices to a voter, and may also notify the voter in person, by telephone or email, or by other means of the planned registration cancellation.(d) This section shall become operative on January 1, 2024.SEC. 3. Section 2208 of the Elections Code is amended to read:2208. (a) A person is presumed competent to vote regardless of the persons conservatorship status. A person shall be deemed mentally incompetent, and therefore disqualified from voting, if, during the course of any of the proceedings set forth below, the court finds by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process, and any of the following apply:(1) A conservator for the person or the person and estate is appointed pursuant to Division 4 (commencing with Section 1400) of the Probate Code.(2) A conservator for the person or the person and estate is appointed pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code.(3) A conservator is appointed for the person pursuant to proceedings initiated under Section 5352.5 of the Welfare and Institutions Code, the person has been found not competent to stand trial, and the persons trial or judgment has been suspended pursuant to Section 1370 of the Penal Code.(4) A person has pleaded not guilty by reason of insanity, has been found to be not guilty pursuant to Section 1026 of the Penal Code, and is deemed to be gravely disabled at the time of judgment as defined in paragraph (2) of subdivision (h) of Section 5008 of the Welfare and Institutions Code.(b) If the proceeding under the Welfare and Institutions Code is heard by a jury, the jury shall unanimously find by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process before the person shall be disqualified from voting.(c) If an order establishing a conservatorship is made and in connection with the order it is found by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process, the court shall forward the order and determination to the Secretary of State and the county elections official of the persons county of residence in the format prescribed by the Secretary of State.(d) A person shall not be disqualified from voting pursuant to this section on the basis that the person does, or would need to do, any of the following to complete an affidavit of voter registration:(1) Signs the affidavit of voter registration with a mark or a cross pursuant to subdivision (b) of Section 2150.(2) Signs the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5.(3) Completes the affidavit of voter registration with the assistance of another person pursuant to subdivision (d) of Section 2150.(4) Completes the affidavit of voter registration with reasonable accommodations.(e) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.SEC. 4. Section 2208 is added to the Elections Code, to read:2208. (a) A person is presumed competent to vote regardless of the persons conservatorship status. A person shall be deemed mentally incompetent, and therefore disqualified from voting, if, during the course of any of the proceedings set forth below, the court finds by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process, and any of the following apply:(1) A conservator for the person or the person and estate is appointed pursuant to Division 4 (commencing with Section 1400) of the Probate Code.(2) A conservator for the person or the person and estate is appointed pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code.(3) A conservator is appointed for the person pursuant to proceedings initiated under Section 5352.5 of the Welfare and Institutions Code, the person has been found not competent to stand trial, and the persons trial or judgment has been suspended pursuant to Section 1370 of the Penal Code.(4) A person has pleaded not guilty by reason of insanity, has been found to be not guilty pursuant to Section 1026 of the Penal Code, and is deemed to be gravely disabled at the time of judgment as defined in paragraph (2) of subdivision (h) of Section 5008 of the Welfare and Institutions Code.(b) If the proceeding under the Welfare and Institutions Code is heard by a jury, the jury shall unanimously find by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process before the person shall be disqualified from voting.(c) If an order establishing a conservatorship is made and in connection with the order it is found by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process, the court shall provide notice to the Secretary of State pursuant to Section 2211.5.(d) A person shall not be disqualified from voting pursuant to this section on the basis that the person does, or would need to do, any of the following to complete an affidavit of voter registration:(1) Signs the affidavit of voter registration with a mark or a cross pursuant to subdivision (b) of Section 2150.(2) Signs the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5.(3) Completes the affidavit of voter registration with the assistance of another person pursuant to subdivision (d) of Section 2150.(4) Completes the affidavit of voter registration with reasonable accommodations.(e) This section shall become operative on January 1, 2024.SEC. 5. Section 2209 of the Elections Code is amended to read:2209. (a) For conservatorships established pursuant to Division 4 (commencing with Section 1400) of the Probate Code, the court investigator shall, during the yearly or biennial review of the conservatorship as required by Chapter 2 (commencing with Section 1850) of Part 3 of Division 4 of the Probate Code, review the persons capability of communicating, with or without reasonable accommodations, a desire to participate in the voting process.(b) If the person has been disqualified from voting by reason of being incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, or by reason of being incapable of completing an affidavit of voter registration, the court investigator shall determine if the person continues to be incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and the investigator shall so inform the court. If the investigator determines that the person continues to be incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, a court hearing on the issue is unnecessary. If the investigator finds that the person is not incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, the court shall hold a hearing to determine if, by clear and convincing evidence, the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process. Unless the person is found incapable of communicating that desire, the persons right to register to vote shall be restored, and the court shall so notify the Secretary of State and the county elections official in the format prescribed by the Secretary of State.(c) If the person has not been found incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and the court investigator determines that the person is no longer capable of communicating that desire, the investigator shall so notify the court. The court shall hold a hearing to determine if, by clear and convincing evidence, the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process. If the court determines that the person cannot communicate that desire, the court shall order the person to be disqualified from voting pursuant to Section 2208, and the court shall so notify the Secretary of State and the county elections official in the format prescribed by the Secretary of State.(d) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.SEC. 6. Section 2209 is added to the Elections Code, to read:2209. (a) For conservatorships established pursuant to Division 4 (commencing with Section 1400) of the Probate Code, the court investigator shall, during the yearly or biennial review of the conservatorship as required by Chapter 2 (commencing with Section 1850) of Part 3 of Division 4 of the Probate Code, review the persons capability of communicating, with or without reasonable accommodations, a desire to participate in the voting process.(b) If the person has been disqualified from voting by reason of being incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, or by reason of being incapable of completing an affidavit of voter registration, the court investigator shall determine if the person continues to be incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and the investigator shall so inform the court. If the investigator determines that the person continues to be incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, a court hearing on the issue is unnecessary. If the investigator finds that the person is not incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, the court shall hold a hearing to determine if, by clear and convincing evidence, the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process. Unless the person is found incapable of communicating that desire, the persons right to register to vote shall be restored, and the court shall provide notice to the Secretary of State pursuant to Section 2211.5.(c) If the person has not been found incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and the court investigator determines that the person is no longer capable of communicating that desire, the investigator shall so notify the court. The court shall hold a hearing to determine if, by clear and convincing evidence, the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process. If the court determines that the person cannot communicate that desire, the court shall order the person to be disqualified from voting pursuant to Section 2208, and the court shall provide notice to the Secretary of State pursuant to Section 2211.5.(d) This section shall become operative on January 1, 2024.SEC. 7. Section 2210 of the Elections Code is amended to read:2210. (a) If the person or the person and estate is under a conservatorship established pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code, the person may contest their disqualification from voting pursuant to the procedure set forth in Section 5358.3 of the Welfare and Institutions Code.(b) When the conservatorship described in subdivision (a) terminates after one year, the persons right to register to vote shall also be automatically restored and notification shall be made to the Secretary of State and the county elections official in the format prescribed by the Secretary of State. If a petition is filed for the reappointment of the conservator, a new determination shall be made as to whether the person should be disqualified from voting.(c) If the right to vote is restored pursuant to Section 5358.3 of the Welfare and Institutions Code or if the conservatorship is terminated in a proceeding held pursuant to Section 5364 of the Welfare and Institutions Code, the court shall notify the Secretary of State and the county elections official of the persons county of residence in the format prescribed by the Secretary of State that the persons right to register to vote is restored.(d) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.SEC. 8. Section 2210 is added to the Elections Code, to read:2210. (a) If the person or the person and estate is under a conservatorship established pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code, the person may contest their disqualification from voting pursuant to the procedure set forth in Section 5358.3 of the Welfare and Institutions Code.(b) When the conservatorship described in subdivision (a) terminates after one year, the persons right to register to vote shall be automatically restored and the court shall provide notice to the Secretary of State pursuant to Section 2211.5. If a petition is filed for the reappointment of the conservator, a new determination shall be made as to whether the person should be disqualified from voting.(c) If the right to vote is restored pursuant to Section 5358.3 of the Welfare and Institutions Code or if the conservatorship is terminated in a proceeding held pursuant to Section 5364 of the Welfare and Institutions Code, the court shall provide notice to the Secretary of State pursuant to Section 2211.5.(d) This section shall become operative on January 1, 2024.SEC. 9. Section 2211 of the Elections Code is amended to read:2211. (a) Any person who (1) has plead not guilty by reason of insanity and who has been found to be not guilty pursuant to Section 1026 of the Penal Code, (2) has been found incompetent to stand trial and whose trial or judgment has been suspended pursuant to Section 1370 of the Penal Code, (3) has been convicted of a felony and who was judicially determined to be a mentally disordered sex offender pursuant to former Section 6300 of the Welfare and Institutions Code, as repealed by Chapter 928 of the Statutes of 1981, or (4) has been convicted of a felony and is being treated at a state hospital pursuant to Section 2684 of the Penal Code shall be disqualified from voting or registering to vote during that time that the person is involuntarily confined, pursuant to a court order, in a public or private facility.(b) Upon the order of commitment to a treatment facility referred to in subdivision (a), the court shall notify the Secretary of State and the county elections official of the persons county of residence in the format prescribed by the Secretary of State and order the person to be disqualified from voting or registering to vote.(c) If the person is later released from the public or private treatment facility, the court shall notify the Secretary of State and the county elections official of the persons county of residence in the format prescribed by the Secretary of State that the right of the person to register to vote is restored.(d) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.SEC. 10. Section 2211 is added to the Elections Code, to read:2211. (a) Any person who (1) has plead not guilty by reason of insanity and who has been found to be not guilty pursuant to Section 1026 of the Penal Code, (2) has been found incompetent to stand trial and whose trial or judgment has been suspended pursuant to Section 1370 of the Penal Code, (3) has been convicted of a felony and who was judicially determined to be a mentally disordered sex offender pursuant to former Section 6300 of the Welfare and Institutions Code, as repealed by Chapter 928 of the Statutes of 1981, or (4) has been convicted of a felony and is being treated at a state hospital pursuant to Section 2684 of the Penal Code shall be disqualified from voting or registering to vote during that time that the person is involuntarily confined, pursuant to a court order, in a public or private facility.(b) Upon the order of commitment to a treatment facility referred to in subdivision (a), the court shall provide notice to the Secretary of State pursuant to Section 2211.5.(c) If the person is later released from the public or private treatment facility, the court shall provide notice to the Secretary of State pursuant to Section 2211.5.(d) This section shall become operative on January 1, 2024.SEC. 11. Section 2211.5 is added to the Elections Code, to read:2211.5. (a) By the first day of each month, and more frequently if the clerk so chooses, the clerk of the superior court of each county shall notify the Secretary of State pursuant to subdivision (b) of each of the following:(1) All findings made by the court regarding any persons competency to vote, as specified in each of Sections 2208 through 2211, inclusive, since the clerks last report.(2) The total number of proceedings, as specified in paragraphs (1) through (4) of subdivision (a) of Section 2208, that occurred in that court since the clerks last report.(b) In consultation with the Secretary of State, the Judicial Council shall adopt rules of court to implement this section and Judicial Council forms that shall be used by courts to furnish the notices described in subdivision (a). The forms shall contain clearly identified spaces for all of the following:(1) Personal identification information for the affected person, including all of the following:(A) All known first names.(B) All known last names.(C) All known middle names.(D) All known name suffixes.(E) Last known address.(F) Date of birth.(G) Last four digits of the persons social security number, if available.(H) Drivers license or state-issued identification number, if available.(2) The court case number.(3) The date of the order affecting the individuals voting rights.(4) Whether the courts order is made pursuant to Section 2208, 2209, 2210, or 2211.(5) Whether the legal effect of the courts order is a disqualification or a restoration of the right to vote.(6) A certification, if applicable, that the individual has been disqualified from voting due to the courts finding by clear and convincing evidence that the individual is incapable, with or without reasonable accommodations, to communicate a desire to participate in the voting process.(c) The Secretary of State shall inform the clerk of the court when it receives a notice from the court that is missing any information required by subdivision (b).(d) Upon receipt of all of the required information described in subdivision (b), the Secretary of State shall do both of the following:(1) Identify any registration record in the statewide voter database that contains personal identifying information that matches each of the unique identifiers described in subdivision (b).(2) Within three days of receiving the information from the court, for any matched records described in paragraph (1), provide the information described in paragraph (1) of subdivision (b), the corresponding unique identifier or identifiers contained in the statewide voter database, and a statement regarding whether the legal effect of the courts order is to disqualify or restore the right to vote, to the appropriate county elections official.(e) Upon receiving information from the Secretary of State pursuant to subdivision (d), the county elections official shall do either of the following, as applicable:(1) The elections official shall begin the cancellation procedures described in subdivision (c) of Section 2201 for any person whose registration information matches the unique identifier or identifiers provided by the Secretary of State and who, according to the information provided by the Secretary of State, has been disqualified to vote by a court.(2) (A) If a persons right to vote has been restored and their address is within the county according to the information provided by the Secretary of State, the elections official shall notify the person that their voting rights are restored and that they may register to vote if they are otherwise eligible. The elections official shall also provide the person with information regarding the procedures for registering to vote. If the address provided by the Secretary of State is different from the address contained in the countys voter registration file, the elections official shall provide the foregoing notice and information to the person at both addresses.(B) The Secretary of State shall prepare a form that county elections officials shall use to provide the notice described in subparagraph (A).(f) A county or county elections official shall not be liable for taking or failing to take the actions described in subdivision (e) when the county or county elections official has received erroneous information from the Secretary of State.(g) If a person who is ineligible to vote receives a notice under paragraph (2) of subdivision (e), subsequently becomes registered or preregistered to vote, and votes or attempts to vote in an election held after the effective date of the persons registration or preregistration, that person shall be presumed to have acted with official authorization and shall not be guilty of fraudulently voting or attempting to vote pursuant to Section 18560, unless that person willfully votes or attempts to vote knowing that the person is not eligible to vote.(h) This section shall become operative on January 1, 2024.SEC. 12. Section 2214 is added to the Elections Code, to read:2214. (a) Each month, the Secretary of State shall post on its internet website a report showing, for the preceding period, the number of voting rights disqualifications and the number of voting rights restorations pursuant to each of Sections 2208 through 2212, as applicable, that were ordered within each county and the number of proceedings specified in paragraphs (1) through (4) of subdivision (a) of Section 2208 that occurred within each county.(b) In consultation with the Judicial Council, the Secretary of State shall prepare and deliver a training via a remote web-based learning platform that is accessible through the Secretary of States internet website. The training shall contain information about the responsibilities of superior courts and county elections officials, as specified in this chapter, and information about the legal standards for voting rights disqualification, the duties of court investigators, and the reporting requirements for courts related to voting rights disqualification and restoration.(c) At least annually, each court executive officer and each county elections official shall complete the training described in subdivision (b). The trainings completed by court executive officers and county elections officials shall be tracked through the remote web-based learning platform provided by the Secretary of State.(d) This section shall become operative on January 1, 2024.SEC. 13. Section 5358.3 of the Welfare and Institutions Code is amended to read:5358.3. (a) At any time, a conservatee or any person on the conservatees behalf with the consent of the conservatee or the conservatees counsel, may petition the court for a hearing to contest the rights denied under Section 5357 or the powers granted to the conservator under Section 5358. However, after the filing of the first petition for hearing pursuant to this section, no further petition for rehearing shall be submitted for a period of six months.(b) A request for hearing pursuant to this section shall not affect the right of a conservatee to petition the court for a rehearing as to their status as a conservatee pursuant to Section 5364. A hearing pursuant to this section shall not include trial by jury. If a persons right to vote is restored, the court shall so notify the county elections official pursuant to subdivision (c) of Section 2210 of the Elections Code.(c) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.SEC. 14. Section 5358.3 is added to the Welfare and Institutions Code, to read:5358.3. (a) At any time, a conservatee or any person on the conservatees behalf with the consent of the conservatee or the conservatees counsel, may petition the court for a hearing to contest the rights denied under Section 5357 or the powers granted to the conservator under Section 5358. However, after the filing of the first petition for hearing pursuant to this section, no further petition for rehearing shall be submitted for a period of six months.(b) A request for hearing pursuant to this section shall not affect the right of a conservatee to petition the court for a rehearing as to their status as a conservatee pursuant to Section 5364. A hearing pursuant to this section shall not include trial by jury. If a persons right to vote is restored, the court shall provide notice to the Secretary of State pursuant to Section 2211.5 of the Elections Code.(c) This section shall become operative on January 1, 2024.SEC. 15. Section 5364 of the Welfare and Institutions Code is amended to read:5364. (a) At any time, the conservatee may petition the superior court for a rehearing as to their status as a conservatee. However, after the filing of the first petition for rehearing pursuant to this section, no further petition for rehearing shall be submitted for a period of six months. If the conservatorship is terminated pursuant to this section, the court shall, in accordance with subdivision (c) of Section 2210 of the Elections Code, notify the county elections official that the persons right to register to vote is restored.(b) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.SEC. 16. Section 5364 is added to the Welfare and Institutions Code, to read:5364. (a) At any time, the conservatee may petition the superior court for a rehearing as to their status as a conservatee. However, after the filing of the first petition for rehearing pursuant to this section, no further petition for rehearing shall be submitted for a period of six months. If the conservatorship is terminated pursuant to this section, the court shall provide notice to the Secretary of State pursuant to Section 2211.5 of the Elections Code.(b) This section shall become operative on January 1, 2024.SEC. 17. 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. |
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| 42 | 54 | | |
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| 43 | 55 | | The people of the State of California do enact as follows: |
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| 44 | 56 | | |
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| 45 | 57 | | ## The people of the State of California do enact as follows: |
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| 46 | 58 | | |
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| 47 | 59 | | SECTION 1. Section 2201 of the Elections Code is amended to read:2201. (a) The county elections official shall cancel the registration in the following cases:(1) At the signed, written request of the person registered.(2) When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211.(3) Upon proof that the person is presently imprisoned for conviction of a felony.(4) Upon the production of a certified copy of a judgment directing the cancellation to be made.(5) Upon the death of the person registered.(6) Pursuant to Article 2 (commencing with Section 2220).(7) Upon official notification that the voter is registered to vote in another state.(8) Upon proof that the person is otherwise ineligible to vote.(b) The Secretary of State may cancel the registration in the following cases:(1) When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211.(2) Upon proof that the person is presently imprisoned for the conviction of a felony.(3) Upon the death of the person registered.(c) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. |
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| 48 | 60 | | |
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| 49 | 61 | | SECTION 1. Section 2201 of the Elections Code is amended to read: |
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| 50 | 62 | | |
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| 51 | 63 | | ### SECTION 1. |
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| 52 | 64 | | |
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| 53 | 65 | | 2201. (a) The county elections official shall cancel the registration in the following cases:(1) At the signed, written request of the person registered.(2) When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211.(3) Upon proof that the person is presently imprisoned for conviction of a felony.(4) Upon the production of a certified copy of a judgment directing the cancellation to be made.(5) Upon the death of the person registered.(6) Pursuant to Article 2 (commencing with Section 2220).(7) Upon official notification that the voter is registered to vote in another state.(8) Upon proof that the person is otherwise ineligible to vote.(b) The Secretary of State may cancel the registration in the following cases:(1) When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211.(2) Upon proof that the person is presently imprisoned for the conviction of a felony.(3) Upon the death of the person registered.(c) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. |
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| 54 | 66 | | |
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| 55 | 67 | | 2201. (a) The county elections official shall cancel the registration in the following cases:(1) At the signed, written request of the person registered.(2) When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211.(3) Upon proof that the person is presently imprisoned for conviction of a felony.(4) Upon the production of a certified copy of a judgment directing the cancellation to be made.(5) Upon the death of the person registered.(6) Pursuant to Article 2 (commencing with Section 2220).(7) Upon official notification that the voter is registered to vote in another state.(8) Upon proof that the person is otherwise ineligible to vote.(b) The Secretary of State may cancel the registration in the following cases:(1) When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211.(2) Upon proof that the person is presently imprisoned for the conviction of a felony.(3) Upon the death of the person registered.(c) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. |
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| 56 | 68 | | |
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| 57 | 69 | | 2201. (a) The county elections official shall cancel the registration in the following cases:(1) At the signed, written request of the person registered.(2) When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211.(3) Upon proof that the person is presently imprisoned for conviction of a felony.(4) Upon the production of a certified copy of a judgment directing the cancellation to be made.(5) Upon the death of the person registered.(6) Pursuant to Article 2 (commencing with Section 2220).(7) Upon official notification that the voter is registered to vote in another state.(8) Upon proof that the person is otherwise ineligible to vote.(b) The Secretary of State may cancel the registration in the following cases:(1) When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211.(2) Upon proof that the person is presently imprisoned for the conviction of a felony.(3) Upon the death of the person registered.(c) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. |
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| 58 | 70 | | |
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| 59 | 71 | | |
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| 60 | 72 | | |
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| 61 | 73 | | 2201. (a) The county elections official shall cancel the registration in the following cases: |
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| 62 | 74 | | |
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| 63 | 75 | | (1) At the signed, written request of the person registered. |
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| 64 | 76 | | |
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| 65 | 77 | | (2) When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211. |
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| 66 | 78 | | |
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| 67 | 79 | | (3) Upon proof that the person is presently imprisoned for conviction of a felony. |
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| 68 | 80 | | |
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| 69 | 81 | | (4) Upon the production of a certified copy of a judgment directing the cancellation to be made. |
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| 70 | 82 | | |
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| 71 | 83 | | (5) Upon the death of the person registered. |
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| 72 | 84 | | |
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| 73 | 85 | | (6) Pursuant to Article 2 (commencing with Section 2220). |
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| 74 | 86 | | |
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| 75 | 87 | | (7) Upon official notification that the voter is registered to vote in another state. |
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| 76 | 88 | | |
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| 77 | 89 | | (8) Upon proof that the person is otherwise ineligible to vote. |
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| 78 | 90 | | |
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| 79 | 91 | | (b) The Secretary of State may cancel the registration in the following cases: |
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| 80 | 92 | | |
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| 81 | 93 | | (1) When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211. |
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| 82 | 94 | | |
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| 83 | 95 | | (2) Upon proof that the person is presently imprisoned for the conviction of a felony. |
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| 84 | 96 | | |
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| 85 | 97 | | (3) Upon the death of the person registered. |
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| 86 | 98 | | |
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| 87 | 99 | | (c) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. |
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| 88 | 100 | | |
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| 89 | 101 | | SEC. 2. Section 2201 is added to the Elections Code, to read:2201. (a) The county elections official shall cancel the registration in the following cases:(1) At the signed, written request of the person registered.(2) When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211.(3) Upon proof that the person is presently imprisoned for conviction of a felony.(4) Upon the production of a certified copy of a judgment directing the cancellation to be made.(5) Upon the death of the person registered.(6) Pursuant to Article 2 (commencing with Section 2220).(7) Upon official notification that the voter is registered to vote in another state.(8) Upon proof that the person is otherwise ineligible to vote.(b) The Secretary of State may cancel the registration in the following cases:(1) When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211.(2) Upon proof that the person is presently imprisoned for the conviction of a felony.(3) Upon the death of the person registered.(c) (1) Between 15 and 30 days, inclusive, before canceling a persons registration for the reasons specified in paragraphs (2), (3), (5), or (6) of subdivision (a), the county elections official shall send a forwardable notice by first-class mail, including a postage-paid and preaddressed return form, to the person.(A) The notice shall be provided in the persons preferred language if the county is required to provide translated ballots in that language pursuant to Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).(B) The notice shall include a statement substantially similar to the following:IMPORTANT NOTICE. Your voter registration record is scheduled to be canceled on [date]. This cancellation is due to information the [county name] County elections office has received indicating your ineligibility to vote in that county due to a change of residence, death, mental incapacity to vote, or a prison commitment pursuant to Sections 2208, 2209, 2210, or 2211 of the California Elections Code, as applicable.If you believe this cancellation is an error, please notify our office within 15 days from the date of this notice either by returning the attached postage-paid postcard or by calling [county elections office phone number] toll free.If we do not receive your response to this notice, you may be required to reregister to vote in the next election or to vote using a provisional ballot. You can find more information about voter eligibility rules on the Secretary of States internet website at [URL] or voter hotline at [phone numbers]. You can also check your current registration status at [URL].(2) The return form described in paragraph (1) shall include all of the following:(A) Space for the voter to provide their current place of residence.(B) Space for the voter to provide their current mailing address, if different from the place of residence.(C) A box next to a statement substantially similar to the following: I am not currently serving a state or federal prison term.(D) Space for the voter to provide their signature and the date.(3) The elections official may send additional written notices to a voter, and may also notify the voter in person, by telephone or email, or by other means of the planned registration cancellation.(d) This section shall become operative on January 1, 2024. |
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| 90 | 102 | | |
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| 91 | 103 | | SEC. 2. Section 2201 is added to the Elections Code, to read: |
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| 92 | 104 | | |
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| 93 | 105 | | ### SEC. 2. |
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| 94 | 106 | | |
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| 95 | 107 | | 2201. (a) The county elections official shall cancel the registration in the following cases:(1) At the signed, written request of the person registered.(2) When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211.(3) Upon proof that the person is presently imprisoned for conviction of a felony.(4) Upon the production of a certified copy of a judgment directing the cancellation to be made.(5) Upon the death of the person registered.(6) Pursuant to Article 2 (commencing with Section 2220).(7) Upon official notification that the voter is registered to vote in another state.(8) Upon proof that the person is otherwise ineligible to vote.(b) The Secretary of State may cancel the registration in the following cases:(1) When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211.(2) Upon proof that the person is presently imprisoned for the conviction of a felony.(3) Upon the death of the person registered.(c) (1) Between 15 and 30 days, inclusive, before canceling a persons registration for the reasons specified in paragraphs (2), (3), (5), or (6) of subdivision (a), the county elections official shall send a forwardable notice by first-class mail, including a postage-paid and preaddressed return form, to the person.(A) The notice shall be provided in the persons preferred language if the county is required to provide translated ballots in that language pursuant to Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).(B) The notice shall include a statement substantially similar to the following:IMPORTANT NOTICE. Your voter registration record is scheduled to be canceled on [date]. This cancellation is due to information the [county name] County elections office has received indicating your ineligibility to vote in that county due to a change of residence, death, mental incapacity to vote, or a prison commitment pursuant to Sections 2208, 2209, 2210, or 2211 of the California Elections Code, as applicable.If you believe this cancellation is an error, please notify our office within 15 days from the date of this notice either by returning the attached postage-paid postcard or by calling [county elections office phone number] toll free.If we do not receive your response to this notice, you may be required to reregister to vote in the next election or to vote using a provisional ballot. You can find more information about voter eligibility rules on the Secretary of States internet website at [URL] or voter hotline at [phone numbers]. You can also check your current registration status at [URL].(2) The return form described in paragraph (1) shall include all of the following:(A) Space for the voter to provide their current place of residence.(B) Space for the voter to provide their current mailing address, if different from the place of residence.(C) A box next to a statement substantially similar to the following: I am not currently serving a state or federal prison term.(D) Space for the voter to provide their signature and the date.(3) The elections official may send additional written notices to a voter, and may also notify the voter in person, by telephone or email, or by other means of the planned registration cancellation.(d) This section shall become operative on January 1, 2024. |
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| 96 | 108 | | |
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| 97 | 109 | | 2201. (a) The county elections official shall cancel the registration in the following cases:(1) At the signed, written request of the person registered.(2) When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211.(3) Upon proof that the person is presently imprisoned for conviction of a felony.(4) Upon the production of a certified copy of a judgment directing the cancellation to be made.(5) Upon the death of the person registered.(6) Pursuant to Article 2 (commencing with Section 2220).(7) Upon official notification that the voter is registered to vote in another state.(8) Upon proof that the person is otherwise ineligible to vote.(b) The Secretary of State may cancel the registration in the following cases:(1) When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211.(2) Upon proof that the person is presently imprisoned for the conviction of a felony.(3) Upon the death of the person registered.(c) (1) Between 15 and 30 days, inclusive, before canceling a persons registration for the reasons specified in paragraphs (2), (3), (5), or (6) of subdivision (a), the county elections official shall send a forwardable notice by first-class mail, including a postage-paid and preaddressed return form, to the person.(A) The notice shall be provided in the persons preferred language if the county is required to provide translated ballots in that language pursuant to Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).(B) The notice shall include a statement substantially similar to the following:IMPORTANT NOTICE. Your voter registration record is scheduled to be canceled on [date]. This cancellation is due to information the [county name] County elections office has received indicating your ineligibility to vote in that county due to a change of residence, death, mental incapacity to vote, or a prison commitment pursuant to Sections 2208, 2209, 2210, or 2211 of the California Elections Code, as applicable.If you believe this cancellation is an error, please notify our office within 15 days from the date of this notice either by returning the attached postage-paid postcard or by calling [county elections office phone number] toll free.If we do not receive your response to this notice, you may be required to reregister to vote in the next election or to vote using a provisional ballot. You can find more information about voter eligibility rules on the Secretary of States internet website at [URL] or voter hotline at [phone numbers]. You can also check your current registration status at [URL].(2) The return form described in paragraph (1) shall include all of the following:(A) Space for the voter to provide their current place of residence.(B) Space for the voter to provide their current mailing address, if different from the place of residence.(C) A box next to a statement substantially similar to the following: I am not currently serving a state or federal prison term.(D) Space for the voter to provide their signature and the date.(3) The elections official may send additional written notices to a voter, and may also notify the voter in person, by telephone or email, or by other means of the planned registration cancellation.(d) This section shall become operative on January 1, 2024. |
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| 98 | 110 | | |
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| 99 | 111 | | 2201. (a) The county elections official shall cancel the registration in the following cases:(1) At the signed, written request of the person registered.(2) When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211.(3) Upon proof that the person is presently imprisoned for conviction of a felony.(4) Upon the production of a certified copy of a judgment directing the cancellation to be made.(5) Upon the death of the person registered.(6) Pursuant to Article 2 (commencing with Section 2220).(7) Upon official notification that the voter is registered to vote in another state.(8) Upon proof that the person is otherwise ineligible to vote.(b) The Secretary of State may cancel the registration in the following cases:(1) When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211.(2) Upon proof that the person is presently imprisoned for the conviction of a felony.(3) Upon the death of the person registered.(c) (1) Between 15 and 30 days, inclusive, before canceling a persons registration for the reasons specified in paragraphs (2), (3), (5), or (6) of subdivision (a), the county elections official shall send a forwardable notice by first-class mail, including a postage-paid and preaddressed return form, to the person.(A) The notice shall be provided in the persons preferred language if the county is required to provide translated ballots in that language pursuant to Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).(B) The notice shall include a statement substantially similar to the following:IMPORTANT NOTICE. Your voter registration record is scheduled to be canceled on [date]. This cancellation is due to information the [county name] County elections office has received indicating your ineligibility to vote in that county due to a change of residence, death, mental incapacity to vote, or a prison commitment pursuant to Sections 2208, 2209, 2210, or 2211 of the California Elections Code, as applicable.If you believe this cancellation is an error, please notify our office within 15 days from the date of this notice either by returning the attached postage-paid postcard or by calling [county elections office phone number] toll free.If we do not receive your response to this notice, you may be required to reregister to vote in the next election or to vote using a provisional ballot. You can find more information about voter eligibility rules on the Secretary of States internet website at [URL] or voter hotline at [phone numbers]. You can also check your current registration status at [URL].(2) The return form described in paragraph (1) shall include all of the following:(A) Space for the voter to provide their current place of residence.(B) Space for the voter to provide their current mailing address, if different from the place of residence.(C) A box next to a statement substantially similar to the following: I am not currently serving a state or federal prison term.(D) Space for the voter to provide their signature and the date.(3) The elections official may send additional written notices to a voter, and may also notify the voter in person, by telephone or email, or by other means of the planned registration cancellation.(d) This section shall become operative on January 1, 2024. |
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| 100 | 112 | | |
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| 101 | 113 | | |
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| 102 | 114 | | |
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| 103 | 115 | | 2201. (a) The county elections official shall cancel the registration in the following cases: |
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| 104 | 116 | | |
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| 105 | 117 | | (1) At the signed, written request of the person registered. |
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| 106 | 118 | | |
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| 107 | 119 | | (2) When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211. |
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| 108 | 120 | | |
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| 109 | 121 | | (3) Upon proof that the person is presently imprisoned for conviction of a felony. |
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| 110 | 122 | | |
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| 111 | 123 | | (4) Upon the production of a certified copy of a judgment directing the cancellation to be made. |
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| 112 | 124 | | |
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| 113 | 125 | | (5) Upon the death of the person registered. |
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| 114 | 126 | | |
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| 115 | 127 | | (6) Pursuant to Article 2 (commencing with Section 2220). |
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| 116 | 128 | | |
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| 117 | 129 | | (7) Upon official notification that the voter is registered to vote in another state. |
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| 118 | 130 | | |
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| 119 | 131 | | (8) Upon proof that the person is otherwise ineligible to vote. |
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| 120 | 132 | | |
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| 121 | 133 | | (b) The Secretary of State may cancel the registration in the following cases: |
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| 122 | 134 | | |
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| 123 | 135 | | (1) When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211. |
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| 124 | 136 | | |
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| 125 | 137 | | (2) Upon proof that the person is presently imprisoned for the conviction of a felony. |
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| 126 | 138 | | |
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| 127 | 139 | | (3) Upon the death of the person registered. |
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| 128 | 140 | | |
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| 129 | 141 | | (c) (1) Between 15 and 30 days, inclusive, before canceling a persons registration for the reasons specified in paragraphs (2), (3), (5), or (6) of subdivision (a), the county elections official shall send a forwardable notice by first-class mail, including a postage-paid and preaddressed return form, to the person. |
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| 130 | 142 | | |
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| 131 | 143 | | (A) The notice shall be provided in the persons preferred language if the county is required to provide translated ballots in that language pursuant to Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503). |
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| 132 | 144 | | |
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| 133 | 145 | | (B) The notice shall include a statement substantially similar to the following: |
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| 134 | 146 | | |
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| 135 | 147 | | IMPORTANT NOTICE. Your voter registration record is scheduled to be canceled on [date]. This cancellation is due to information the [county name] County elections office has received indicating your ineligibility to vote in that county due to a change of residence, death, mental incapacity to vote, or a prison commitment pursuant to Sections 2208, 2209, 2210, or 2211 of the California Elections Code, as applicable. |
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| 136 | 148 | | |
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| 137 | 149 | | If you believe this cancellation is an error, please notify our office within 15 days from the date of this notice either by returning the attached postage-paid postcard or by calling [county elections office phone number] toll free. |
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| 138 | 150 | | |
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| 139 | 151 | | If we do not receive your response to this notice, you may be required to reregister to vote in the next election or to vote using a provisional ballot. You can find more information about voter eligibility rules on the Secretary of States internet website at [URL] or voter hotline at [phone numbers]. You can also check your current registration status at [URL]. |
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| 140 | 152 | | |
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| 141 | 153 | | (2) The return form described in paragraph (1) shall include all of the following: |
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| 142 | 154 | | |
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| 143 | 155 | | (A) Space for the voter to provide their current place of residence. |
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| 144 | 156 | | |
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| 145 | 157 | | (B) Space for the voter to provide their current mailing address, if different from the place of residence. |
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| 146 | 158 | | |
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| 147 | 159 | | (C) A box next to a statement substantially similar to the following: I am not currently serving a state or federal prison term. |
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| 148 | 160 | | |
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| 149 | 161 | | (D) Space for the voter to provide their signature and the date. |
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| 150 | 162 | | |
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| 151 | 163 | | (3) The elections official may send additional written notices to a voter, and may also notify the voter in person, by telephone or email, or by other means of the planned registration cancellation. |
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| 152 | 164 | | |
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| 153 | 165 | | (d) This section shall become operative on January 1, 2024. |
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| 154 | 166 | | |
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| 155 | 167 | | SEC. 3. Section 2208 of the Elections Code is amended to read:2208. (a) A person is presumed competent to vote regardless of the persons conservatorship status. A person shall be deemed mentally incompetent, and therefore disqualified from voting, if, during the course of any of the proceedings set forth below, the court finds by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process, and any of the following apply:(1) A conservator for the person or the person and estate is appointed pursuant to Division 4 (commencing with Section 1400) of the Probate Code.(2) A conservator for the person or the person and estate is appointed pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code.(3) A conservator is appointed for the person pursuant to proceedings initiated under Section 5352.5 of the Welfare and Institutions Code, the person has been found not competent to stand trial, and the persons trial or judgment has been suspended pursuant to Section 1370 of the Penal Code.(4) A person has pleaded not guilty by reason of insanity, has been found to be not guilty pursuant to Section 1026 of the Penal Code, and is deemed to be gravely disabled at the time of judgment as defined in paragraph (2) of subdivision (h) of Section 5008 of the Welfare and Institutions Code.(b) If the proceeding under the Welfare and Institutions Code is heard by a jury, the jury shall unanimously find by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process before the person shall be disqualified from voting.(c) If an order establishing a conservatorship is made and in connection with the order it is found by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process, the court shall forward the order and determination to the Secretary of State and the county elections official of the persons county of residence in the format prescribed by the Secretary of State.(d) A person shall not be disqualified from voting pursuant to this section on the basis that the person does, or would need to do, any of the following to complete an affidavit of voter registration:(1) Signs the affidavit of voter registration with a mark or a cross pursuant to subdivision (b) of Section 2150.(2) Signs the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5.(3) Completes the affidavit of voter registration with the assistance of another person pursuant to subdivision (d) of Section 2150.(4) Completes the affidavit of voter registration with reasonable accommodations.(e) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. |
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| 156 | 168 | | |
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| 157 | 169 | | SEC. 3. Section 2208 of the Elections Code is amended to read: |
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| 158 | 170 | | |
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| 159 | 171 | | ### SEC. 3. |
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| 160 | 172 | | |
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| 161 | 173 | | 2208. (a) A person is presumed competent to vote regardless of the persons conservatorship status. A person shall be deemed mentally incompetent, and therefore disqualified from voting, if, during the course of any of the proceedings set forth below, the court finds by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process, and any of the following apply:(1) A conservator for the person or the person and estate is appointed pursuant to Division 4 (commencing with Section 1400) of the Probate Code.(2) A conservator for the person or the person and estate is appointed pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code.(3) A conservator is appointed for the person pursuant to proceedings initiated under Section 5352.5 of the Welfare and Institutions Code, the person has been found not competent to stand trial, and the persons trial or judgment has been suspended pursuant to Section 1370 of the Penal Code.(4) A person has pleaded not guilty by reason of insanity, has been found to be not guilty pursuant to Section 1026 of the Penal Code, and is deemed to be gravely disabled at the time of judgment as defined in paragraph (2) of subdivision (h) of Section 5008 of the Welfare and Institutions Code.(b) If the proceeding under the Welfare and Institutions Code is heard by a jury, the jury shall unanimously find by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process before the person shall be disqualified from voting.(c) If an order establishing a conservatorship is made and in connection with the order it is found by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process, the court shall forward the order and determination to the Secretary of State and the county elections official of the persons county of residence in the format prescribed by the Secretary of State.(d) A person shall not be disqualified from voting pursuant to this section on the basis that the person does, or would need to do, any of the following to complete an affidavit of voter registration:(1) Signs the affidavit of voter registration with a mark or a cross pursuant to subdivision (b) of Section 2150.(2) Signs the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5.(3) Completes the affidavit of voter registration with the assistance of another person pursuant to subdivision (d) of Section 2150.(4) Completes the affidavit of voter registration with reasonable accommodations.(e) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. |
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| 162 | 174 | | |
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| 163 | 175 | | 2208. (a) A person is presumed competent to vote regardless of the persons conservatorship status. A person shall be deemed mentally incompetent, and therefore disqualified from voting, if, during the course of any of the proceedings set forth below, the court finds by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process, and any of the following apply:(1) A conservator for the person or the person and estate is appointed pursuant to Division 4 (commencing with Section 1400) of the Probate Code.(2) A conservator for the person or the person and estate is appointed pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code.(3) A conservator is appointed for the person pursuant to proceedings initiated under Section 5352.5 of the Welfare and Institutions Code, the person has been found not competent to stand trial, and the persons trial or judgment has been suspended pursuant to Section 1370 of the Penal Code.(4) A person has pleaded not guilty by reason of insanity, has been found to be not guilty pursuant to Section 1026 of the Penal Code, and is deemed to be gravely disabled at the time of judgment as defined in paragraph (2) of subdivision (h) of Section 5008 of the Welfare and Institutions Code.(b) If the proceeding under the Welfare and Institutions Code is heard by a jury, the jury shall unanimously find by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process before the person shall be disqualified from voting.(c) If an order establishing a conservatorship is made and in connection with the order it is found by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process, the court shall forward the order and determination to the Secretary of State and the county elections official of the persons county of residence in the format prescribed by the Secretary of State.(d) A person shall not be disqualified from voting pursuant to this section on the basis that the person does, or would need to do, any of the following to complete an affidavit of voter registration:(1) Signs the affidavit of voter registration with a mark or a cross pursuant to subdivision (b) of Section 2150.(2) Signs the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5.(3) Completes the affidavit of voter registration with the assistance of another person pursuant to subdivision (d) of Section 2150.(4) Completes the affidavit of voter registration with reasonable accommodations.(e) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. |
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| 164 | 176 | | |
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| 165 | 177 | | 2208. (a) A person is presumed competent to vote regardless of the persons conservatorship status. A person shall be deemed mentally incompetent, and therefore disqualified from voting, if, during the course of any of the proceedings set forth below, the court finds by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process, and any of the following apply:(1) A conservator for the person or the person and estate is appointed pursuant to Division 4 (commencing with Section 1400) of the Probate Code.(2) A conservator for the person or the person and estate is appointed pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code.(3) A conservator is appointed for the person pursuant to proceedings initiated under Section 5352.5 of the Welfare and Institutions Code, the person has been found not competent to stand trial, and the persons trial or judgment has been suspended pursuant to Section 1370 of the Penal Code.(4) A person has pleaded not guilty by reason of insanity, has been found to be not guilty pursuant to Section 1026 of the Penal Code, and is deemed to be gravely disabled at the time of judgment as defined in paragraph (2) of subdivision (h) of Section 5008 of the Welfare and Institutions Code.(b) If the proceeding under the Welfare and Institutions Code is heard by a jury, the jury shall unanimously find by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process before the person shall be disqualified from voting.(c) If an order establishing a conservatorship is made and in connection with the order it is found by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process, the court shall forward the order and determination to the Secretary of State and the county elections official of the persons county of residence in the format prescribed by the Secretary of State.(d) A person shall not be disqualified from voting pursuant to this section on the basis that the person does, or would need to do, any of the following to complete an affidavit of voter registration:(1) Signs the affidavit of voter registration with a mark or a cross pursuant to subdivision (b) of Section 2150.(2) Signs the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5.(3) Completes the affidavit of voter registration with the assistance of another person pursuant to subdivision (d) of Section 2150.(4) Completes the affidavit of voter registration with reasonable accommodations.(e) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. |
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| 166 | 178 | | |
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| 167 | 179 | | |
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| 168 | 180 | | |
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| 169 | 181 | | 2208. (a) A person is presumed competent to vote regardless of the persons conservatorship status. A person shall be deemed mentally incompetent, and therefore disqualified from voting, if, during the course of any of the proceedings set forth below, the court finds by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process, and any of the following apply: |
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| 170 | 182 | | |
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| 171 | 183 | | (1) A conservator for the person or the person and estate is appointed pursuant to Division 4 (commencing with Section 1400) of the Probate Code. |
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| 172 | 184 | | |
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| 173 | 185 | | (2) A conservator for the person or the person and estate is appointed pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code. |
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| 174 | 186 | | |
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| 175 | 187 | | (3) A conservator is appointed for the person pursuant to proceedings initiated under Section 5352.5 of the Welfare and Institutions Code, the person has been found not competent to stand trial, and the persons trial or judgment has been suspended pursuant to Section 1370 of the Penal Code. |
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| 176 | 188 | | |
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| 177 | 189 | | (4) A person has pleaded not guilty by reason of insanity, has been found to be not guilty pursuant to Section 1026 of the Penal Code, and is deemed to be gravely disabled at the time of judgment as defined in paragraph (2) of subdivision (h) of Section 5008 of the Welfare and Institutions Code. |
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| 178 | 190 | | |
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| 179 | 191 | | (b) If the proceeding under the Welfare and Institutions Code is heard by a jury, the jury shall unanimously find by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process before the person shall be disqualified from voting. |
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| 180 | 192 | | |
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| 181 | 193 | | (c) If an order establishing a conservatorship is made and in connection with the order it is found by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process, the court shall forward the order and determination to the Secretary of State and the county elections official of the persons county of residence in the format prescribed by the Secretary of State. |
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| 182 | 194 | | |
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| 183 | 195 | | (d) A person shall not be disqualified from voting pursuant to this section on the basis that the person does, or would need to do, any of the following to complete an affidavit of voter registration: |
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| 184 | 196 | | |
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| 185 | 197 | | (1) Signs the affidavit of voter registration with a mark or a cross pursuant to subdivision (b) of Section 2150. |
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| 186 | 198 | | |
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| 187 | 199 | | (2) Signs the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5. |
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| 188 | 200 | | |
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| 189 | 201 | | (3) Completes the affidavit of voter registration with the assistance of another person pursuant to subdivision (d) of Section 2150. |
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| 190 | 202 | | |
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| 191 | 203 | | (4) Completes the affidavit of voter registration with reasonable accommodations. |
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| 192 | 204 | | |
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| 193 | 205 | | (e) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. |
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| 194 | 206 | | |
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| 195 | 207 | | SEC. 4. Section 2208 is added to the Elections Code, to read:2208. (a) A person is presumed competent to vote regardless of the persons conservatorship status. A person shall be deemed mentally incompetent, and therefore disqualified from voting, if, during the course of any of the proceedings set forth below, the court finds by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process, and any of the following apply:(1) A conservator for the person or the person and estate is appointed pursuant to Division 4 (commencing with Section 1400) of the Probate Code.(2) A conservator for the person or the person and estate is appointed pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code.(3) A conservator is appointed for the person pursuant to proceedings initiated under Section 5352.5 of the Welfare and Institutions Code, the person has been found not competent to stand trial, and the persons trial or judgment has been suspended pursuant to Section 1370 of the Penal Code.(4) A person has pleaded not guilty by reason of insanity, has been found to be not guilty pursuant to Section 1026 of the Penal Code, and is deemed to be gravely disabled at the time of judgment as defined in paragraph (2) of subdivision (h) of Section 5008 of the Welfare and Institutions Code.(b) If the proceeding under the Welfare and Institutions Code is heard by a jury, the jury shall unanimously find by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process before the person shall be disqualified from voting.(c) If an order establishing a conservatorship is made and in connection with the order it is found by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process, the court shall provide notice to the Secretary of State pursuant to Section 2211.5.(d) A person shall not be disqualified from voting pursuant to this section on the basis that the person does, or would need to do, any of the following to complete an affidavit of voter registration:(1) Signs the affidavit of voter registration with a mark or a cross pursuant to subdivision (b) of Section 2150.(2) Signs the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5.(3) Completes the affidavit of voter registration with the assistance of another person pursuant to subdivision (d) of Section 2150.(4) Completes the affidavit of voter registration with reasonable accommodations.(e) This section shall become operative on January 1, 2024. |
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| 196 | 208 | | |
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| 197 | 209 | | SEC. 4. Section 2208 is added to the Elections Code, to read: |
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| 198 | 210 | | |
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| 199 | 211 | | ### SEC. 4. |
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| 200 | 212 | | |
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| 201 | 213 | | 2208. (a) A person is presumed competent to vote regardless of the persons conservatorship status. A person shall be deemed mentally incompetent, and therefore disqualified from voting, if, during the course of any of the proceedings set forth below, the court finds by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process, and any of the following apply:(1) A conservator for the person or the person and estate is appointed pursuant to Division 4 (commencing with Section 1400) of the Probate Code.(2) A conservator for the person or the person and estate is appointed pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code.(3) A conservator is appointed for the person pursuant to proceedings initiated under Section 5352.5 of the Welfare and Institutions Code, the person has been found not competent to stand trial, and the persons trial or judgment has been suspended pursuant to Section 1370 of the Penal Code.(4) A person has pleaded not guilty by reason of insanity, has been found to be not guilty pursuant to Section 1026 of the Penal Code, and is deemed to be gravely disabled at the time of judgment as defined in paragraph (2) of subdivision (h) of Section 5008 of the Welfare and Institutions Code.(b) If the proceeding under the Welfare and Institutions Code is heard by a jury, the jury shall unanimously find by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process before the person shall be disqualified from voting.(c) If an order establishing a conservatorship is made and in connection with the order it is found by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process, the court shall provide notice to the Secretary of State pursuant to Section 2211.5.(d) A person shall not be disqualified from voting pursuant to this section on the basis that the person does, or would need to do, any of the following to complete an affidavit of voter registration:(1) Signs the affidavit of voter registration with a mark or a cross pursuant to subdivision (b) of Section 2150.(2) Signs the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5.(3) Completes the affidavit of voter registration with the assistance of another person pursuant to subdivision (d) of Section 2150.(4) Completes the affidavit of voter registration with reasonable accommodations.(e) This section shall become operative on January 1, 2024. |
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| 202 | 214 | | |
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| 203 | 215 | | 2208. (a) A person is presumed competent to vote regardless of the persons conservatorship status. A person shall be deemed mentally incompetent, and therefore disqualified from voting, if, during the course of any of the proceedings set forth below, the court finds by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process, and any of the following apply:(1) A conservator for the person or the person and estate is appointed pursuant to Division 4 (commencing with Section 1400) of the Probate Code.(2) A conservator for the person or the person and estate is appointed pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code.(3) A conservator is appointed for the person pursuant to proceedings initiated under Section 5352.5 of the Welfare and Institutions Code, the person has been found not competent to stand trial, and the persons trial or judgment has been suspended pursuant to Section 1370 of the Penal Code.(4) A person has pleaded not guilty by reason of insanity, has been found to be not guilty pursuant to Section 1026 of the Penal Code, and is deemed to be gravely disabled at the time of judgment as defined in paragraph (2) of subdivision (h) of Section 5008 of the Welfare and Institutions Code.(b) If the proceeding under the Welfare and Institutions Code is heard by a jury, the jury shall unanimously find by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process before the person shall be disqualified from voting.(c) If an order establishing a conservatorship is made and in connection with the order it is found by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process, the court shall provide notice to the Secretary of State pursuant to Section 2211.5.(d) A person shall not be disqualified from voting pursuant to this section on the basis that the person does, or would need to do, any of the following to complete an affidavit of voter registration:(1) Signs the affidavit of voter registration with a mark or a cross pursuant to subdivision (b) of Section 2150.(2) Signs the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5.(3) Completes the affidavit of voter registration with the assistance of another person pursuant to subdivision (d) of Section 2150.(4) Completes the affidavit of voter registration with reasonable accommodations.(e) This section shall become operative on January 1, 2024. |
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| 204 | 216 | | |
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| 205 | 217 | | 2208. (a) A person is presumed competent to vote regardless of the persons conservatorship status. A person shall be deemed mentally incompetent, and therefore disqualified from voting, if, during the course of any of the proceedings set forth below, the court finds by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process, and any of the following apply:(1) A conservator for the person or the person and estate is appointed pursuant to Division 4 (commencing with Section 1400) of the Probate Code.(2) A conservator for the person or the person and estate is appointed pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code.(3) A conservator is appointed for the person pursuant to proceedings initiated under Section 5352.5 of the Welfare and Institutions Code, the person has been found not competent to stand trial, and the persons trial or judgment has been suspended pursuant to Section 1370 of the Penal Code.(4) A person has pleaded not guilty by reason of insanity, has been found to be not guilty pursuant to Section 1026 of the Penal Code, and is deemed to be gravely disabled at the time of judgment as defined in paragraph (2) of subdivision (h) of Section 5008 of the Welfare and Institutions Code.(b) If the proceeding under the Welfare and Institutions Code is heard by a jury, the jury shall unanimously find by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process before the person shall be disqualified from voting.(c) If an order establishing a conservatorship is made and in connection with the order it is found by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process, the court shall provide notice to the Secretary of State pursuant to Section 2211.5.(d) A person shall not be disqualified from voting pursuant to this section on the basis that the person does, or would need to do, any of the following to complete an affidavit of voter registration:(1) Signs the affidavit of voter registration with a mark or a cross pursuant to subdivision (b) of Section 2150.(2) Signs the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5.(3) Completes the affidavit of voter registration with the assistance of another person pursuant to subdivision (d) of Section 2150.(4) Completes the affidavit of voter registration with reasonable accommodations.(e) This section shall become operative on January 1, 2024. |
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| 206 | 218 | | |
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| 207 | 219 | | |
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| 208 | 220 | | |
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| 209 | 221 | | 2208. (a) A person is presumed competent to vote regardless of the persons conservatorship status. A person shall be deemed mentally incompetent, and therefore disqualified from voting, if, during the course of any of the proceedings set forth below, the court finds by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process, and any of the following apply: |
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| 210 | 222 | | |
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| 211 | 223 | | (1) A conservator for the person or the person and estate is appointed pursuant to Division 4 (commencing with Section 1400) of the Probate Code. |
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| 212 | 224 | | |
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| 213 | 225 | | (2) A conservator for the person or the person and estate is appointed pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code. |
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| 214 | 226 | | |
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| 215 | 227 | | (3) A conservator is appointed for the person pursuant to proceedings initiated under Section 5352.5 of the Welfare and Institutions Code, the person has been found not competent to stand trial, and the persons trial or judgment has been suspended pursuant to Section 1370 of the Penal Code. |
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| 216 | 228 | | |
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| 217 | 229 | | (4) A person has pleaded not guilty by reason of insanity, has been found to be not guilty pursuant to Section 1026 of the Penal Code, and is deemed to be gravely disabled at the time of judgment as defined in paragraph (2) of subdivision (h) of Section 5008 of the Welfare and Institutions Code. |
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| 218 | 230 | | |
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| 219 | 231 | | (b) If the proceeding under the Welfare and Institutions Code is heard by a jury, the jury shall unanimously find by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process before the person shall be disqualified from voting. |
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| 220 | 232 | | |
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| 221 | 233 | | (c) If an order establishing a conservatorship is made and in connection with the order it is found by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process, the court shall provide notice to the Secretary of State pursuant to Section 2211.5. |
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| 222 | 234 | | |
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| 223 | 235 | | (d) A person shall not be disqualified from voting pursuant to this section on the basis that the person does, or would need to do, any of the following to complete an affidavit of voter registration: |
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| 224 | 236 | | |
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| 225 | 237 | | (1) Signs the affidavit of voter registration with a mark or a cross pursuant to subdivision (b) of Section 2150. |
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| 226 | 238 | | |
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| 227 | 239 | | (2) Signs the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5. |
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| 228 | 240 | | |
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| 229 | 241 | | (3) Completes the affidavit of voter registration with the assistance of another person pursuant to subdivision (d) of Section 2150. |
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| 230 | 242 | | |
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| 231 | 243 | | (4) Completes the affidavit of voter registration with reasonable accommodations. |
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| 232 | 244 | | |
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| 233 | 245 | | (e) This section shall become operative on January 1, 2024. |
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| 234 | 246 | | |
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| 235 | 247 | | SEC. 5. Section 2209 of the Elections Code is amended to read:2209. (a) For conservatorships established pursuant to Division 4 (commencing with Section 1400) of the Probate Code, the court investigator shall, during the yearly or biennial review of the conservatorship as required by Chapter 2 (commencing with Section 1850) of Part 3 of Division 4 of the Probate Code, review the persons capability of communicating, with or without reasonable accommodations, a desire to participate in the voting process.(b) If the person has been disqualified from voting by reason of being incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, or by reason of being incapable of completing an affidavit of voter registration, the court investigator shall determine if the person continues to be incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and the investigator shall so inform the court. If the investigator determines that the person continues to be incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, a court hearing on the issue is unnecessary. If the investigator finds that the person is not incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, the court shall hold a hearing to determine if, by clear and convincing evidence, the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process. Unless the person is found incapable of communicating that desire, the persons right to register to vote shall be restored, and the court shall so notify the Secretary of State and the county elections official in the format prescribed by the Secretary of State.(c) If the person has not been found incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and the court investigator determines that the person is no longer capable of communicating that desire, the investigator shall so notify the court. The court shall hold a hearing to determine if, by clear and convincing evidence, the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process. If the court determines that the person cannot communicate that desire, the court shall order the person to be disqualified from voting pursuant to Section 2208, and the court shall so notify the Secretary of State and the county elections official in the format prescribed by the Secretary of State.(d) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. |
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| 236 | 248 | | |
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| 237 | 249 | | SEC. 5. Section 2209 of the Elections Code is amended to read: |
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| 238 | 250 | | |
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| 239 | 251 | | ### SEC. 5. |
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| 240 | 252 | | |
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| 241 | 253 | | 2209. (a) For conservatorships established pursuant to Division 4 (commencing with Section 1400) of the Probate Code, the court investigator shall, during the yearly or biennial review of the conservatorship as required by Chapter 2 (commencing with Section 1850) of Part 3 of Division 4 of the Probate Code, review the persons capability of communicating, with or without reasonable accommodations, a desire to participate in the voting process.(b) If the person has been disqualified from voting by reason of being incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, or by reason of being incapable of completing an affidavit of voter registration, the court investigator shall determine if the person continues to be incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and the investigator shall so inform the court. If the investigator determines that the person continues to be incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, a court hearing on the issue is unnecessary. If the investigator finds that the person is not incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, the court shall hold a hearing to determine if, by clear and convincing evidence, the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process. Unless the person is found incapable of communicating that desire, the persons right to register to vote shall be restored, and the court shall so notify the Secretary of State and the county elections official in the format prescribed by the Secretary of State.(c) If the person has not been found incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and the court investigator determines that the person is no longer capable of communicating that desire, the investigator shall so notify the court. The court shall hold a hearing to determine if, by clear and convincing evidence, the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process. If the court determines that the person cannot communicate that desire, the court shall order the person to be disqualified from voting pursuant to Section 2208, and the court shall so notify the Secretary of State and the county elections official in the format prescribed by the Secretary of State.(d) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. |
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| 242 | 254 | | |
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| 243 | 255 | | 2209. (a) For conservatorships established pursuant to Division 4 (commencing with Section 1400) of the Probate Code, the court investigator shall, during the yearly or biennial review of the conservatorship as required by Chapter 2 (commencing with Section 1850) of Part 3 of Division 4 of the Probate Code, review the persons capability of communicating, with or without reasonable accommodations, a desire to participate in the voting process.(b) If the person has been disqualified from voting by reason of being incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, or by reason of being incapable of completing an affidavit of voter registration, the court investigator shall determine if the person continues to be incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and the investigator shall so inform the court. If the investigator determines that the person continues to be incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, a court hearing on the issue is unnecessary. If the investigator finds that the person is not incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, the court shall hold a hearing to determine if, by clear and convincing evidence, the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process. Unless the person is found incapable of communicating that desire, the persons right to register to vote shall be restored, and the court shall so notify the Secretary of State and the county elections official in the format prescribed by the Secretary of State.(c) If the person has not been found incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and the court investigator determines that the person is no longer capable of communicating that desire, the investigator shall so notify the court. The court shall hold a hearing to determine if, by clear and convincing evidence, the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process. If the court determines that the person cannot communicate that desire, the court shall order the person to be disqualified from voting pursuant to Section 2208, and the court shall so notify the Secretary of State and the county elections official in the format prescribed by the Secretary of State.(d) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. |
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| 244 | 256 | | |
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| 245 | 257 | | 2209. (a) For conservatorships established pursuant to Division 4 (commencing with Section 1400) of the Probate Code, the court investigator shall, during the yearly or biennial review of the conservatorship as required by Chapter 2 (commencing with Section 1850) of Part 3 of Division 4 of the Probate Code, review the persons capability of communicating, with or without reasonable accommodations, a desire to participate in the voting process.(b) If the person has been disqualified from voting by reason of being incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, or by reason of being incapable of completing an affidavit of voter registration, the court investigator shall determine if the person continues to be incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and the investigator shall so inform the court. If the investigator determines that the person continues to be incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, a court hearing on the issue is unnecessary. If the investigator finds that the person is not incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, the court shall hold a hearing to determine if, by clear and convincing evidence, the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process. Unless the person is found incapable of communicating that desire, the persons right to register to vote shall be restored, and the court shall so notify the Secretary of State and the county elections official in the format prescribed by the Secretary of State.(c) If the person has not been found incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and the court investigator determines that the person is no longer capable of communicating that desire, the investigator shall so notify the court. The court shall hold a hearing to determine if, by clear and convincing evidence, the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process. If the court determines that the person cannot communicate that desire, the court shall order the person to be disqualified from voting pursuant to Section 2208, and the court shall so notify the Secretary of State and the county elections official in the format prescribed by the Secretary of State.(d) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. |
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| 246 | 258 | | |
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| 247 | 259 | | |
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| 248 | 260 | | |
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| 249 | 261 | | 2209. (a) For conservatorships established pursuant to Division 4 (commencing with Section 1400) of the Probate Code, the court investigator shall, during the yearly or biennial review of the conservatorship as required by Chapter 2 (commencing with Section 1850) of Part 3 of Division 4 of the Probate Code, review the persons capability of communicating, with or without reasonable accommodations, a desire to participate in the voting process. |
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| 250 | 262 | | |
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| 251 | 263 | | (b) If the person has been disqualified from voting by reason of being incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, or by reason of being incapable of completing an affidavit of voter registration, the court investigator shall determine if the person continues to be incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and the investigator shall so inform the court. If the investigator determines that the person continues to be incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, a court hearing on the issue is unnecessary. If the investigator finds that the person is not incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, the court shall hold a hearing to determine if, by clear and convincing evidence, the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process. Unless the person is found incapable of communicating that desire, the persons right to register to vote shall be restored, and the court shall so notify the Secretary of State and the county elections official in the format prescribed by the Secretary of State. |
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| 252 | 264 | | |
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| 253 | 265 | | (c) If the person has not been found incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and the court investigator determines that the person is no longer capable of communicating that desire, the investigator shall so notify the court. The court shall hold a hearing to determine if, by clear and convincing evidence, the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process. If the court determines that the person cannot communicate that desire, the court shall order the person to be disqualified from voting pursuant to Section 2208, and the court shall so notify the Secretary of State and the county elections official in the format prescribed by the Secretary of State. |
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| 254 | 266 | | |
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| 255 | 267 | | (d) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. |
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| 256 | 268 | | |
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| 257 | 269 | | SEC. 6. Section 2209 is added to the Elections Code, to read:2209. (a) For conservatorships established pursuant to Division 4 (commencing with Section 1400) of the Probate Code, the court investigator shall, during the yearly or biennial review of the conservatorship as required by Chapter 2 (commencing with Section 1850) of Part 3 of Division 4 of the Probate Code, review the persons capability of communicating, with or without reasonable accommodations, a desire to participate in the voting process.(b) If the person has been disqualified from voting by reason of being incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, or by reason of being incapable of completing an affidavit of voter registration, the court investigator shall determine if the person continues to be incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and the investigator shall so inform the court. If the investigator determines that the person continues to be incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, a court hearing on the issue is unnecessary. If the investigator finds that the person is not incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, the court shall hold a hearing to determine if, by clear and convincing evidence, the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process. Unless the person is found incapable of communicating that desire, the persons right to register to vote shall be restored, and the court shall provide notice to the Secretary of State pursuant to Section 2211.5.(c) If the person has not been found incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and the court investigator determines that the person is no longer capable of communicating that desire, the investigator shall so notify the court. The court shall hold a hearing to determine if, by clear and convincing evidence, the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process. If the court determines that the person cannot communicate that desire, the court shall order the person to be disqualified from voting pursuant to Section 2208, and the court shall provide notice to the Secretary of State pursuant to Section 2211.5.(d) This section shall become operative on January 1, 2024. |
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| 258 | 270 | | |
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| 259 | 271 | | SEC. 6. Section 2209 is added to the Elections Code, to read: |
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| 260 | 272 | | |
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| 261 | 273 | | ### SEC. 6. |
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| 262 | 274 | | |
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| 263 | 275 | | 2209. (a) For conservatorships established pursuant to Division 4 (commencing with Section 1400) of the Probate Code, the court investigator shall, during the yearly or biennial review of the conservatorship as required by Chapter 2 (commencing with Section 1850) of Part 3 of Division 4 of the Probate Code, review the persons capability of communicating, with or without reasonable accommodations, a desire to participate in the voting process.(b) If the person has been disqualified from voting by reason of being incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, or by reason of being incapable of completing an affidavit of voter registration, the court investigator shall determine if the person continues to be incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and the investigator shall so inform the court. If the investigator determines that the person continues to be incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, a court hearing on the issue is unnecessary. If the investigator finds that the person is not incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, the court shall hold a hearing to determine if, by clear and convincing evidence, the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process. Unless the person is found incapable of communicating that desire, the persons right to register to vote shall be restored, and the court shall provide notice to the Secretary of State pursuant to Section 2211.5.(c) If the person has not been found incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and the court investigator determines that the person is no longer capable of communicating that desire, the investigator shall so notify the court. The court shall hold a hearing to determine if, by clear and convincing evidence, the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process. If the court determines that the person cannot communicate that desire, the court shall order the person to be disqualified from voting pursuant to Section 2208, and the court shall provide notice to the Secretary of State pursuant to Section 2211.5.(d) This section shall become operative on January 1, 2024. |
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| 264 | 276 | | |
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| 265 | 277 | | 2209. (a) For conservatorships established pursuant to Division 4 (commencing with Section 1400) of the Probate Code, the court investigator shall, during the yearly or biennial review of the conservatorship as required by Chapter 2 (commencing with Section 1850) of Part 3 of Division 4 of the Probate Code, review the persons capability of communicating, with or without reasonable accommodations, a desire to participate in the voting process.(b) If the person has been disqualified from voting by reason of being incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, or by reason of being incapable of completing an affidavit of voter registration, the court investigator shall determine if the person continues to be incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and the investigator shall so inform the court. If the investigator determines that the person continues to be incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, a court hearing on the issue is unnecessary. If the investigator finds that the person is not incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, the court shall hold a hearing to determine if, by clear and convincing evidence, the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process. Unless the person is found incapable of communicating that desire, the persons right to register to vote shall be restored, and the court shall provide notice to the Secretary of State pursuant to Section 2211.5.(c) If the person has not been found incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and the court investigator determines that the person is no longer capable of communicating that desire, the investigator shall so notify the court. The court shall hold a hearing to determine if, by clear and convincing evidence, the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process. If the court determines that the person cannot communicate that desire, the court shall order the person to be disqualified from voting pursuant to Section 2208, and the court shall provide notice to the Secretary of State pursuant to Section 2211.5.(d) This section shall become operative on January 1, 2024. |
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| 266 | 278 | | |
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| 267 | 279 | | 2209. (a) For conservatorships established pursuant to Division 4 (commencing with Section 1400) of the Probate Code, the court investigator shall, during the yearly or biennial review of the conservatorship as required by Chapter 2 (commencing with Section 1850) of Part 3 of Division 4 of the Probate Code, review the persons capability of communicating, with or without reasonable accommodations, a desire to participate in the voting process.(b) If the person has been disqualified from voting by reason of being incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, or by reason of being incapable of completing an affidavit of voter registration, the court investigator shall determine if the person continues to be incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and the investigator shall so inform the court. If the investigator determines that the person continues to be incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, a court hearing on the issue is unnecessary. If the investigator finds that the person is not incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, the court shall hold a hearing to determine if, by clear and convincing evidence, the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process. Unless the person is found incapable of communicating that desire, the persons right to register to vote shall be restored, and the court shall provide notice to the Secretary of State pursuant to Section 2211.5.(c) If the person has not been found incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and the court investigator determines that the person is no longer capable of communicating that desire, the investigator shall so notify the court. The court shall hold a hearing to determine if, by clear and convincing evidence, the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process. If the court determines that the person cannot communicate that desire, the court shall order the person to be disqualified from voting pursuant to Section 2208, and the court shall provide notice to the Secretary of State pursuant to Section 2211.5.(d) This section shall become operative on January 1, 2024. |
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| 268 | 280 | | |
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| 269 | 281 | | |
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| 270 | 282 | | |
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| 271 | 283 | | 2209. (a) For conservatorships established pursuant to Division 4 (commencing with Section 1400) of the Probate Code, the court investigator shall, during the yearly or biennial review of the conservatorship as required by Chapter 2 (commencing with Section 1850) of Part 3 of Division 4 of the Probate Code, review the persons capability of communicating, with or without reasonable accommodations, a desire to participate in the voting process. |
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| 272 | 284 | | |
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| 273 | 285 | | (b) If the person has been disqualified from voting by reason of being incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, or by reason of being incapable of completing an affidavit of voter registration, the court investigator shall determine if the person continues to be incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and the investigator shall so inform the court. If the investigator determines that the person continues to be incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, a court hearing on the issue is unnecessary. If the investigator finds that the person is not incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, the court shall hold a hearing to determine if, by clear and convincing evidence, the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process. Unless the person is found incapable of communicating that desire, the persons right to register to vote shall be restored, and the court shall provide notice to the Secretary of State pursuant to Section 2211.5. |
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| 274 | 286 | | |
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| 275 | 287 | | (c) If the person has not been found incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and the court investigator determines that the person is no longer capable of communicating that desire, the investigator shall so notify the court. The court shall hold a hearing to determine if, by clear and convincing evidence, the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process. If the court determines that the person cannot communicate that desire, the court shall order the person to be disqualified from voting pursuant to Section 2208, and the court shall provide notice to the Secretary of State pursuant to Section 2211.5. |
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| 276 | 288 | | |
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| 277 | 289 | | (d) This section shall become operative on January 1, 2024. |
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| 278 | 290 | | |
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| 279 | 291 | | SEC. 7. Section 2210 of the Elections Code is amended to read:2210. (a) If the person or the person and estate is under a conservatorship established pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code, the person may contest their disqualification from voting pursuant to the procedure set forth in Section 5358.3 of the Welfare and Institutions Code.(b) When the conservatorship described in subdivision (a) terminates after one year, the persons right to register to vote shall also be automatically restored and notification shall be made to the Secretary of State and the county elections official in the format prescribed by the Secretary of State. If a petition is filed for the reappointment of the conservator, a new determination shall be made as to whether the person should be disqualified from voting.(c) If the right to vote is restored pursuant to Section 5358.3 of the Welfare and Institutions Code or if the conservatorship is terminated in a proceeding held pursuant to Section 5364 of the Welfare and Institutions Code, the court shall notify the Secretary of State and the county elections official of the persons county of residence in the format prescribed by the Secretary of State that the persons right to register to vote is restored.(d) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. |
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| 280 | 292 | | |
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| 281 | 293 | | SEC. 7. Section 2210 of the Elections Code is amended to read: |
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| 282 | 294 | | |
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| 283 | 295 | | ### SEC. 7. |
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| 284 | 296 | | |
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| 285 | 297 | | 2210. (a) If the person or the person and estate is under a conservatorship established pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code, the person may contest their disqualification from voting pursuant to the procedure set forth in Section 5358.3 of the Welfare and Institutions Code.(b) When the conservatorship described in subdivision (a) terminates after one year, the persons right to register to vote shall also be automatically restored and notification shall be made to the Secretary of State and the county elections official in the format prescribed by the Secretary of State. If a petition is filed for the reappointment of the conservator, a new determination shall be made as to whether the person should be disqualified from voting.(c) If the right to vote is restored pursuant to Section 5358.3 of the Welfare and Institutions Code or if the conservatorship is terminated in a proceeding held pursuant to Section 5364 of the Welfare and Institutions Code, the court shall notify the Secretary of State and the county elections official of the persons county of residence in the format prescribed by the Secretary of State that the persons right to register to vote is restored.(d) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. |
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| 286 | 298 | | |
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| 287 | 299 | | 2210. (a) If the person or the person and estate is under a conservatorship established pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code, the person may contest their disqualification from voting pursuant to the procedure set forth in Section 5358.3 of the Welfare and Institutions Code.(b) When the conservatorship described in subdivision (a) terminates after one year, the persons right to register to vote shall also be automatically restored and notification shall be made to the Secretary of State and the county elections official in the format prescribed by the Secretary of State. If a petition is filed for the reappointment of the conservator, a new determination shall be made as to whether the person should be disqualified from voting.(c) If the right to vote is restored pursuant to Section 5358.3 of the Welfare and Institutions Code or if the conservatorship is terminated in a proceeding held pursuant to Section 5364 of the Welfare and Institutions Code, the court shall notify the Secretary of State and the county elections official of the persons county of residence in the format prescribed by the Secretary of State that the persons right to register to vote is restored.(d) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. |
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| 288 | 300 | | |
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| 289 | 301 | | 2210. (a) If the person or the person and estate is under a conservatorship established pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code, the person may contest their disqualification from voting pursuant to the procedure set forth in Section 5358.3 of the Welfare and Institutions Code.(b) When the conservatorship described in subdivision (a) terminates after one year, the persons right to register to vote shall also be automatically restored and notification shall be made to the Secretary of State and the county elections official in the format prescribed by the Secretary of State. If a petition is filed for the reappointment of the conservator, a new determination shall be made as to whether the person should be disqualified from voting.(c) If the right to vote is restored pursuant to Section 5358.3 of the Welfare and Institutions Code or if the conservatorship is terminated in a proceeding held pursuant to Section 5364 of the Welfare and Institutions Code, the court shall notify the Secretary of State and the county elections official of the persons county of residence in the format prescribed by the Secretary of State that the persons right to register to vote is restored.(d) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. |
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| 290 | 302 | | |
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| 291 | 303 | | |
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| 292 | 304 | | |
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| 293 | 305 | | 2210. (a) If the person or the person and estate is under a conservatorship established pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code, the person may contest their disqualification from voting pursuant to the procedure set forth in Section 5358.3 of the Welfare and Institutions Code. |
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| 294 | 306 | | |
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| 295 | 307 | | (b) When the conservatorship described in subdivision (a) terminates after one year, the persons right to register to vote shall also be automatically restored and notification shall be made to the Secretary of State and the county elections official in the format prescribed by the Secretary of State. If a petition is filed for the reappointment of the conservator, a new determination shall be made as to whether the person should be disqualified from voting. |
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| 296 | 308 | | |
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| 297 | 309 | | (c) If the right to vote is restored pursuant to Section 5358.3 of the Welfare and Institutions Code or if the conservatorship is terminated in a proceeding held pursuant to Section 5364 of the Welfare and Institutions Code, the court shall notify the Secretary of State and the county elections official of the persons county of residence in the format prescribed by the Secretary of State that the persons right to register to vote is restored. |
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| 298 | 310 | | |
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| 299 | 311 | | (d) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. |
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| 300 | 312 | | |
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| 301 | 313 | | SEC. 8. Section 2210 is added to the Elections Code, to read:2210. (a) If the person or the person and estate is under a conservatorship established pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code, the person may contest their disqualification from voting pursuant to the procedure set forth in Section 5358.3 of the Welfare and Institutions Code.(b) When the conservatorship described in subdivision (a) terminates after one year, the persons right to register to vote shall be automatically restored and the court shall provide notice to the Secretary of State pursuant to Section 2211.5. If a petition is filed for the reappointment of the conservator, a new determination shall be made as to whether the person should be disqualified from voting.(c) If the right to vote is restored pursuant to Section 5358.3 of the Welfare and Institutions Code or if the conservatorship is terminated in a proceeding held pursuant to Section 5364 of the Welfare and Institutions Code, the court shall provide notice to the Secretary of State pursuant to Section 2211.5.(d) This section shall become operative on January 1, 2024. |
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| 302 | 314 | | |
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| 303 | 315 | | SEC. 8. Section 2210 is added to the Elections Code, to read: |
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| 304 | 316 | | |
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| 305 | 317 | | ### SEC. 8. |
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| 306 | 318 | | |
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| 307 | 319 | | 2210. (a) If the person or the person and estate is under a conservatorship established pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code, the person may contest their disqualification from voting pursuant to the procedure set forth in Section 5358.3 of the Welfare and Institutions Code.(b) When the conservatorship described in subdivision (a) terminates after one year, the persons right to register to vote shall be automatically restored and the court shall provide notice to the Secretary of State pursuant to Section 2211.5. If a petition is filed for the reappointment of the conservator, a new determination shall be made as to whether the person should be disqualified from voting.(c) If the right to vote is restored pursuant to Section 5358.3 of the Welfare and Institutions Code or if the conservatorship is terminated in a proceeding held pursuant to Section 5364 of the Welfare and Institutions Code, the court shall provide notice to the Secretary of State pursuant to Section 2211.5.(d) This section shall become operative on January 1, 2024. |
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| 308 | 320 | | |
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| 309 | 321 | | 2210. (a) If the person or the person and estate is under a conservatorship established pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code, the person may contest their disqualification from voting pursuant to the procedure set forth in Section 5358.3 of the Welfare and Institutions Code.(b) When the conservatorship described in subdivision (a) terminates after one year, the persons right to register to vote shall be automatically restored and the court shall provide notice to the Secretary of State pursuant to Section 2211.5. If a petition is filed for the reappointment of the conservator, a new determination shall be made as to whether the person should be disqualified from voting.(c) If the right to vote is restored pursuant to Section 5358.3 of the Welfare and Institutions Code or if the conservatorship is terminated in a proceeding held pursuant to Section 5364 of the Welfare and Institutions Code, the court shall provide notice to the Secretary of State pursuant to Section 2211.5.(d) This section shall become operative on January 1, 2024. |
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| 310 | 322 | | |
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| 311 | 323 | | 2210. (a) If the person or the person and estate is under a conservatorship established pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code, the person may contest their disqualification from voting pursuant to the procedure set forth in Section 5358.3 of the Welfare and Institutions Code.(b) When the conservatorship described in subdivision (a) terminates after one year, the persons right to register to vote shall be automatically restored and the court shall provide notice to the Secretary of State pursuant to Section 2211.5. If a petition is filed for the reappointment of the conservator, a new determination shall be made as to whether the person should be disqualified from voting.(c) If the right to vote is restored pursuant to Section 5358.3 of the Welfare and Institutions Code or if the conservatorship is terminated in a proceeding held pursuant to Section 5364 of the Welfare and Institutions Code, the court shall provide notice to the Secretary of State pursuant to Section 2211.5.(d) This section shall become operative on January 1, 2024. |
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| 312 | 324 | | |
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| 313 | 325 | | |
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| 314 | 326 | | |
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| 315 | 327 | | 2210. (a) If the person or the person and estate is under a conservatorship established pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code, the person may contest their disqualification from voting pursuant to the procedure set forth in Section 5358.3 of the Welfare and Institutions Code. |
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| 316 | 328 | | |
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| 317 | 329 | | (b) When the conservatorship described in subdivision (a) terminates after one year, the persons right to register to vote shall be automatically restored and the court shall provide notice to the Secretary of State pursuant to Section 2211.5. If a petition is filed for the reappointment of the conservator, a new determination shall be made as to whether the person should be disqualified from voting. |
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| 318 | 330 | | |
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| 319 | 331 | | (c) If the right to vote is restored pursuant to Section 5358.3 of the Welfare and Institutions Code or if the conservatorship is terminated in a proceeding held pursuant to Section 5364 of the Welfare and Institutions Code, the court shall provide notice to the Secretary of State pursuant to Section 2211.5. |
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| 320 | 332 | | |
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| 321 | 333 | | (d) This section shall become operative on January 1, 2024. |
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| 322 | 334 | | |
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| 323 | 335 | | SEC. 9. Section 2211 of the Elections Code is amended to read:2211. (a) Any person who (1) has plead not guilty by reason of insanity and who has been found to be not guilty pursuant to Section 1026 of the Penal Code, (2) has been found incompetent to stand trial and whose trial or judgment has been suspended pursuant to Section 1370 of the Penal Code, (3) has been convicted of a felony and who was judicially determined to be a mentally disordered sex offender pursuant to former Section 6300 of the Welfare and Institutions Code, as repealed by Chapter 928 of the Statutes of 1981, or (4) has been convicted of a felony and is being treated at a state hospital pursuant to Section 2684 of the Penal Code shall be disqualified from voting or registering to vote during that time that the person is involuntarily confined, pursuant to a court order, in a public or private facility.(b) Upon the order of commitment to a treatment facility referred to in subdivision (a), the court shall notify the Secretary of State and the county elections official of the persons county of residence in the format prescribed by the Secretary of State and order the person to be disqualified from voting or registering to vote.(c) If the person is later released from the public or private treatment facility, the court shall notify the Secretary of State and the county elections official of the persons county of residence in the format prescribed by the Secretary of State that the right of the person to register to vote is restored.(d) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. |
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| 324 | 336 | | |
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| 325 | 337 | | SEC. 9. Section 2211 of the Elections Code is amended to read: |
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| 326 | 338 | | |
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| 327 | 339 | | ### SEC. 9. |
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| 328 | 340 | | |
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| 329 | 341 | | 2211. (a) Any person who (1) has plead not guilty by reason of insanity and who has been found to be not guilty pursuant to Section 1026 of the Penal Code, (2) has been found incompetent to stand trial and whose trial or judgment has been suspended pursuant to Section 1370 of the Penal Code, (3) has been convicted of a felony and who was judicially determined to be a mentally disordered sex offender pursuant to former Section 6300 of the Welfare and Institutions Code, as repealed by Chapter 928 of the Statutes of 1981, or (4) has been convicted of a felony and is being treated at a state hospital pursuant to Section 2684 of the Penal Code shall be disqualified from voting or registering to vote during that time that the person is involuntarily confined, pursuant to a court order, in a public or private facility.(b) Upon the order of commitment to a treatment facility referred to in subdivision (a), the court shall notify the Secretary of State and the county elections official of the persons county of residence in the format prescribed by the Secretary of State and order the person to be disqualified from voting or registering to vote.(c) If the person is later released from the public or private treatment facility, the court shall notify the Secretary of State and the county elections official of the persons county of residence in the format prescribed by the Secretary of State that the right of the person to register to vote is restored.(d) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. |
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| 330 | 342 | | |
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| 331 | 343 | | 2211. (a) Any person who (1) has plead not guilty by reason of insanity and who has been found to be not guilty pursuant to Section 1026 of the Penal Code, (2) has been found incompetent to stand trial and whose trial or judgment has been suspended pursuant to Section 1370 of the Penal Code, (3) has been convicted of a felony and who was judicially determined to be a mentally disordered sex offender pursuant to former Section 6300 of the Welfare and Institutions Code, as repealed by Chapter 928 of the Statutes of 1981, or (4) has been convicted of a felony and is being treated at a state hospital pursuant to Section 2684 of the Penal Code shall be disqualified from voting or registering to vote during that time that the person is involuntarily confined, pursuant to a court order, in a public or private facility.(b) Upon the order of commitment to a treatment facility referred to in subdivision (a), the court shall notify the Secretary of State and the county elections official of the persons county of residence in the format prescribed by the Secretary of State and order the person to be disqualified from voting or registering to vote.(c) If the person is later released from the public or private treatment facility, the court shall notify the Secretary of State and the county elections official of the persons county of residence in the format prescribed by the Secretary of State that the right of the person to register to vote is restored.(d) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. |
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| 332 | 344 | | |
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| 333 | 345 | | 2211. (a) Any person who (1) has plead not guilty by reason of insanity and who has been found to be not guilty pursuant to Section 1026 of the Penal Code, (2) has been found incompetent to stand trial and whose trial or judgment has been suspended pursuant to Section 1370 of the Penal Code, (3) has been convicted of a felony and who was judicially determined to be a mentally disordered sex offender pursuant to former Section 6300 of the Welfare and Institutions Code, as repealed by Chapter 928 of the Statutes of 1981, or (4) has been convicted of a felony and is being treated at a state hospital pursuant to Section 2684 of the Penal Code shall be disqualified from voting or registering to vote during that time that the person is involuntarily confined, pursuant to a court order, in a public or private facility.(b) Upon the order of commitment to a treatment facility referred to in subdivision (a), the court shall notify the Secretary of State and the county elections official of the persons county of residence in the format prescribed by the Secretary of State and order the person to be disqualified from voting or registering to vote.(c) If the person is later released from the public or private treatment facility, the court shall notify the Secretary of State and the county elections official of the persons county of residence in the format prescribed by the Secretary of State that the right of the person to register to vote is restored.(d) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. |
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| 334 | 346 | | |
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| 335 | 347 | | |
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| 336 | 348 | | |
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| 337 | 349 | | 2211. (a) Any person who (1) has plead not guilty by reason of insanity and who has been found to be not guilty pursuant to Section 1026 of the Penal Code, (2) has been found incompetent to stand trial and whose trial or judgment has been suspended pursuant to Section 1370 of the Penal Code, (3) has been convicted of a felony and who was judicially determined to be a mentally disordered sex offender pursuant to former Section 6300 of the Welfare and Institutions Code, as repealed by Chapter 928 of the Statutes of 1981, or (4) has been convicted of a felony and is being treated at a state hospital pursuant to Section 2684 of the Penal Code shall be disqualified from voting or registering to vote during that time that the person is involuntarily confined, pursuant to a court order, in a public or private facility. |
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| 338 | 350 | | |
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| 339 | 351 | | (b) Upon the order of commitment to a treatment facility referred to in subdivision (a), the court shall notify the Secretary of State and the county elections official of the persons county of residence in the format prescribed by the Secretary of State and order the person to be disqualified from voting or registering to vote. |
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| 340 | 352 | | |
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| 341 | 353 | | (c) If the person is later released from the public or private treatment facility, the court shall notify the Secretary of State and the county elections official of the persons county of residence in the format prescribed by the Secretary of State that the right of the person to register to vote is restored. |
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| 342 | 354 | | |
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| 343 | 355 | | (d) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. |
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| 344 | 356 | | |
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| 345 | 357 | | SEC. 10. Section 2211 is added to the Elections Code, to read:2211. (a) Any person who (1) has plead not guilty by reason of insanity and who has been found to be not guilty pursuant to Section 1026 of the Penal Code, (2) has been found incompetent to stand trial and whose trial or judgment has been suspended pursuant to Section 1370 of the Penal Code, (3) has been convicted of a felony and who was judicially determined to be a mentally disordered sex offender pursuant to former Section 6300 of the Welfare and Institutions Code, as repealed by Chapter 928 of the Statutes of 1981, or (4) has been convicted of a felony and is being treated at a state hospital pursuant to Section 2684 of the Penal Code shall be disqualified from voting or registering to vote during that time that the person is involuntarily confined, pursuant to a court order, in a public or private facility.(b) Upon the order of commitment to a treatment facility referred to in subdivision (a), the court shall provide notice to the Secretary of State pursuant to Section 2211.5.(c) If the person is later released from the public or private treatment facility, the court shall provide notice to the Secretary of State pursuant to Section 2211.5.(d) This section shall become operative on January 1, 2024. |
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| 346 | 358 | | |
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| 347 | 359 | | SEC. 10. Section 2211 is added to the Elections Code, to read: |
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| 348 | 360 | | |
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| 349 | 361 | | ### SEC. 10. |
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| 350 | 362 | | |
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| 351 | 363 | | 2211. (a) Any person who (1) has plead not guilty by reason of insanity and who has been found to be not guilty pursuant to Section 1026 of the Penal Code, (2) has been found incompetent to stand trial and whose trial or judgment has been suspended pursuant to Section 1370 of the Penal Code, (3) has been convicted of a felony and who was judicially determined to be a mentally disordered sex offender pursuant to former Section 6300 of the Welfare and Institutions Code, as repealed by Chapter 928 of the Statutes of 1981, or (4) has been convicted of a felony and is being treated at a state hospital pursuant to Section 2684 of the Penal Code shall be disqualified from voting or registering to vote during that time that the person is involuntarily confined, pursuant to a court order, in a public or private facility.(b) Upon the order of commitment to a treatment facility referred to in subdivision (a), the court shall provide notice to the Secretary of State pursuant to Section 2211.5.(c) If the person is later released from the public or private treatment facility, the court shall provide notice to the Secretary of State pursuant to Section 2211.5.(d) This section shall become operative on January 1, 2024. |
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| 352 | 364 | | |
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| 353 | 365 | | 2211. (a) Any person who (1) has plead not guilty by reason of insanity and who has been found to be not guilty pursuant to Section 1026 of the Penal Code, (2) has been found incompetent to stand trial and whose trial or judgment has been suspended pursuant to Section 1370 of the Penal Code, (3) has been convicted of a felony and who was judicially determined to be a mentally disordered sex offender pursuant to former Section 6300 of the Welfare and Institutions Code, as repealed by Chapter 928 of the Statutes of 1981, or (4) has been convicted of a felony and is being treated at a state hospital pursuant to Section 2684 of the Penal Code shall be disqualified from voting or registering to vote during that time that the person is involuntarily confined, pursuant to a court order, in a public or private facility.(b) Upon the order of commitment to a treatment facility referred to in subdivision (a), the court shall provide notice to the Secretary of State pursuant to Section 2211.5.(c) If the person is later released from the public or private treatment facility, the court shall provide notice to the Secretary of State pursuant to Section 2211.5.(d) This section shall become operative on January 1, 2024. |
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| 354 | 366 | | |
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| 355 | 367 | | 2211. (a) Any person who (1) has plead not guilty by reason of insanity and who has been found to be not guilty pursuant to Section 1026 of the Penal Code, (2) has been found incompetent to stand trial and whose trial or judgment has been suspended pursuant to Section 1370 of the Penal Code, (3) has been convicted of a felony and who was judicially determined to be a mentally disordered sex offender pursuant to former Section 6300 of the Welfare and Institutions Code, as repealed by Chapter 928 of the Statutes of 1981, or (4) has been convicted of a felony and is being treated at a state hospital pursuant to Section 2684 of the Penal Code shall be disqualified from voting or registering to vote during that time that the person is involuntarily confined, pursuant to a court order, in a public or private facility.(b) Upon the order of commitment to a treatment facility referred to in subdivision (a), the court shall provide notice to the Secretary of State pursuant to Section 2211.5.(c) If the person is later released from the public or private treatment facility, the court shall provide notice to the Secretary of State pursuant to Section 2211.5.(d) This section shall become operative on January 1, 2024. |
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| 356 | 368 | | |
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| 357 | 369 | | |
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| 358 | 370 | | |
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| 359 | 371 | | 2211. (a) Any person who (1) has plead not guilty by reason of insanity and who has been found to be not guilty pursuant to Section 1026 of the Penal Code, (2) has been found incompetent to stand trial and whose trial or judgment has been suspended pursuant to Section 1370 of the Penal Code, (3) has been convicted of a felony and who was judicially determined to be a mentally disordered sex offender pursuant to former Section 6300 of the Welfare and Institutions Code, as repealed by Chapter 928 of the Statutes of 1981, or (4) has been convicted of a felony and is being treated at a state hospital pursuant to Section 2684 of the Penal Code shall be disqualified from voting or registering to vote during that time that the person is involuntarily confined, pursuant to a court order, in a public or private facility. |
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| 360 | 372 | | |
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| 361 | 373 | | (b) Upon the order of commitment to a treatment facility referred to in subdivision (a), the court shall provide notice to the Secretary of State pursuant to Section 2211.5. |
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| 362 | 374 | | |
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| 363 | 375 | | (c) If the person is later released from the public or private treatment facility, the court shall provide notice to the Secretary of State pursuant to Section 2211.5. |
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| 364 | 376 | | |
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| 365 | 377 | | (d) This section shall become operative on January 1, 2024. |
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| 366 | 378 | | |
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| 367 | 379 | | SEC. 11. Section 2211.5 is added to the Elections Code, to read:2211.5. (a) By the first day of each month, and more frequently if the clerk so chooses, the clerk of the superior court of each county shall notify the Secretary of State pursuant to subdivision (b) of each of the following:(1) All findings made by the court regarding any persons competency to vote, as specified in each of Sections 2208 through 2211, inclusive, since the clerks last report.(2) The total number of proceedings, as specified in paragraphs (1) through (4) of subdivision (a) of Section 2208, that occurred in that court since the clerks last report.(b) In consultation with the Secretary of State, the Judicial Council shall adopt rules of court to implement this section and Judicial Council forms that shall be used by courts to furnish the notices described in subdivision (a). The forms shall contain clearly identified spaces for all of the following:(1) Personal identification information for the affected person, including all of the following:(A) All known first names.(B) All known last names.(C) All known middle names.(D) All known name suffixes.(E) Last known address.(F) Date of birth.(G) Last four digits of the persons social security number, if available.(H) Drivers license or state-issued identification number, if available.(2) The court case number.(3) The date of the order affecting the individuals voting rights.(4) Whether the courts order is made pursuant to Section 2208, 2209, 2210, or 2211.(5) Whether the legal effect of the courts order is a disqualification or a restoration of the right to vote.(6) A certification, if applicable, that the individual has been disqualified from voting due to the courts finding by clear and convincing evidence that the individual is incapable, with or without reasonable accommodations, to communicate a desire to participate in the voting process.(c) The Secretary of State shall inform the clerk of the court when it receives a notice from the court that is missing any information required by subdivision (b).(d) Upon receipt of all of the required information described in subdivision (b), the Secretary of State shall do both of the following:(1) Identify any registration record in the statewide voter database that contains personal identifying information that matches each of the unique identifiers described in subdivision (b).(2) Within three days of receiving the information from the court, for any matched records described in paragraph (1), provide the information described in paragraph (1) of subdivision (b), the corresponding unique identifier or identifiers contained in the statewide voter database, and a statement regarding whether the legal effect of the courts order is to disqualify or restore the right to vote, to the appropriate county elections official.(e) Upon receiving information from the Secretary of State pursuant to subdivision (d), the county elections official shall do either of the following, as applicable:(1) The elections official shall begin the cancellation procedures described in subdivision (c) of Section 2201 for any person whose registration information matches the unique identifier or identifiers provided by the Secretary of State and who, according to the information provided by the Secretary of State, has been disqualified to vote by a court.(2) (A) If a persons right to vote has been restored and their address is within the county according to the information provided by the Secretary of State, the elections official shall notify the person that their voting rights are restored and that they may register to vote if they are otherwise eligible. The elections official shall also provide the person with information regarding the procedures for registering to vote. If the address provided by the Secretary of State is different from the address contained in the countys voter registration file, the elections official shall provide the foregoing notice and information to the person at both addresses.(B) The Secretary of State shall prepare a form that county elections officials shall use to provide the notice described in subparagraph (A).(f) A county or county elections official shall not be liable for taking or failing to take the actions described in subdivision (e) when the county or county elections official has received erroneous information from the Secretary of State.(g) If a person who is ineligible to vote receives a notice under paragraph (2) of subdivision (e), subsequently becomes registered or preregistered to vote, and votes or attempts to vote in an election held after the effective date of the persons registration or preregistration, that person shall be presumed to have acted with official authorization and shall not be guilty of fraudulently voting or attempting to vote pursuant to Section 18560, unless that person willfully votes or attempts to vote knowing that the person is not eligible to vote.(h) This section shall become operative on January 1, 2024. |
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| 368 | 380 | | |
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| 369 | 381 | | SEC. 11. Section 2211.5 is added to the Elections Code, to read: |
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| 370 | 382 | | |
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| 371 | 383 | | ### SEC. 11. |
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| 372 | 384 | | |
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| 373 | 385 | | 2211.5. (a) By the first day of each month, and more frequently if the clerk so chooses, the clerk of the superior court of each county shall notify the Secretary of State pursuant to subdivision (b) of each of the following:(1) All findings made by the court regarding any persons competency to vote, as specified in each of Sections 2208 through 2211, inclusive, since the clerks last report.(2) The total number of proceedings, as specified in paragraphs (1) through (4) of subdivision (a) of Section 2208, that occurred in that court since the clerks last report.(b) In consultation with the Secretary of State, the Judicial Council shall adopt rules of court to implement this section and Judicial Council forms that shall be used by courts to furnish the notices described in subdivision (a). The forms shall contain clearly identified spaces for all of the following:(1) Personal identification information for the affected person, including all of the following:(A) All known first names.(B) All known last names.(C) All known middle names.(D) All known name suffixes.(E) Last known address.(F) Date of birth.(G) Last four digits of the persons social security number, if available.(H) Drivers license or state-issued identification number, if available.(2) The court case number.(3) The date of the order affecting the individuals voting rights.(4) Whether the courts order is made pursuant to Section 2208, 2209, 2210, or 2211.(5) Whether the legal effect of the courts order is a disqualification or a restoration of the right to vote.(6) A certification, if applicable, that the individual has been disqualified from voting due to the courts finding by clear and convincing evidence that the individual is incapable, with or without reasonable accommodations, to communicate a desire to participate in the voting process.(c) The Secretary of State shall inform the clerk of the court when it receives a notice from the court that is missing any information required by subdivision (b).(d) Upon receipt of all of the required information described in subdivision (b), the Secretary of State shall do both of the following:(1) Identify any registration record in the statewide voter database that contains personal identifying information that matches each of the unique identifiers described in subdivision (b).(2) Within three days of receiving the information from the court, for any matched records described in paragraph (1), provide the information described in paragraph (1) of subdivision (b), the corresponding unique identifier or identifiers contained in the statewide voter database, and a statement regarding whether the legal effect of the courts order is to disqualify or restore the right to vote, to the appropriate county elections official.(e) Upon receiving information from the Secretary of State pursuant to subdivision (d), the county elections official shall do either of the following, as applicable:(1) The elections official shall begin the cancellation procedures described in subdivision (c) of Section 2201 for any person whose registration information matches the unique identifier or identifiers provided by the Secretary of State and who, according to the information provided by the Secretary of State, has been disqualified to vote by a court.(2) (A) If a persons right to vote has been restored and their address is within the county according to the information provided by the Secretary of State, the elections official shall notify the person that their voting rights are restored and that they may register to vote if they are otherwise eligible. The elections official shall also provide the person with information regarding the procedures for registering to vote. If the address provided by the Secretary of State is different from the address contained in the countys voter registration file, the elections official shall provide the foregoing notice and information to the person at both addresses.(B) The Secretary of State shall prepare a form that county elections officials shall use to provide the notice described in subparagraph (A).(f) A county or county elections official shall not be liable for taking or failing to take the actions described in subdivision (e) when the county or county elections official has received erroneous information from the Secretary of State.(g) If a person who is ineligible to vote receives a notice under paragraph (2) of subdivision (e), subsequently becomes registered or preregistered to vote, and votes or attempts to vote in an election held after the effective date of the persons registration or preregistration, that person shall be presumed to have acted with official authorization and shall not be guilty of fraudulently voting or attempting to vote pursuant to Section 18560, unless that person willfully votes or attempts to vote knowing that the person is not eligible to vote.(h) This section shall become operative on January 1, 2024. |
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| 374 | 386 | | |
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| 375 | 387 | | 2211.5. (a) By the first day of each month, and more frequently if the clerk so chooses, the clerk of the superior court of each county shall notify the Secretary of State pursuant to subdivision (b) of each of the following:(1) All findings made by the court regarding any persons competency to vote, as specified in each of Sections 2208 through 2211, inclusive, since the clerks last report.(2) The total number of proceedings, as specified in paragraphs (1) through (4) of subdivision (a) of Section 2208, that occurred in that court since the clerks last report.(b) In consultation with the Secretary of State, the Judicial Council shall adopt rules of court to implement this section and Judicial Council forms that shall be used by courts to furnish the notices described in subdivision (a). The forms shall contain clearly identified spaces for all of the following:(1) Personal identification information for the affected person, including all of the following:(A) All known first names.(B) All known last names.(C) All known middle names.(D) All known name suffixes.(E) Last known address.(F) Date of birth.(G) Last four digits of the persons social security number, if available.(H) Drivers license or state-issued identification number, if available.(2) The court case number.(3) The date of the order affecting the individuals voting rights.(4) Whether the courts order is made pursuant to Section 2208, 2209, 2210, or 2211.(5) Whether the legal effect of the courts order is a disqualification or a restoration of the right to vote.(6) A certification, if applicable, that the individual has been disqualified from voting due to the courts finding by clear and convincing evidence that the individual is incapable, with or without reasonable accommodations, to communicate a desire to participate in the voting process.(c) The Secretary of State shall inform the clerk of the court when it receives a notice from the court that is missing any information required by subdivision (b).(d) Upon receipt of all of the required information described in subdivision (b), the Secretary of State shall do both of the following:(1) Identify any registration record in the statewide voter database that contains personal identifying information that matches each of the unique identifiers described in subdivision (b).(2) Within three days of receiving the information from the court, for any matched records described in paragraph (1), provide the information described in paragraph (1) of subdivision (b), the corresponding unique identifier or identifiers contained in the statewide voter database, and a statement regarding whether the legal effect of the courts order is to disqualify or restore the right to vote, to the appropriate county elections official.(e) Upon receiving information from the Secretary of State pursuant to subdivision (d), the county elections official shall do either of the following, as applicable:(1) The elections official shall begin the cancellation procedures described in subdivision (c) of Section 2201 for any person whose registration information matches the unique identifier or identifiers provided by the Secretary of State and who, according to the information provided by the Secretary of State, has been disqualified to vote by a court.(2) (A) If a persons right to vote has been restored and their address is within the county according to the information provided by the Secretary of State, the elections official shall notify the person that their voting rights are restored and that they may register to vote if they are otherwise eligible. The elections official shall also provide the person with information regarding the procedures for registering to vote. If the address provided by the Secretary of State is different from the address contained in the countys voter registration file, the elections official shall provide the foregoing notice and information to the person at both addresses.(B) The Secretary of State shall prepare a form that county elections officials shall use to provide the notice described in subparagraph (A).(f) A county or county elections official shall not be liable for taking or failing to take the actions described in subdivision (e) when the county or county elections official has received erroneous information from the Secretary of State.(g) If a person who is ineligible to vote receives a notice under paragraph (2) of subdivision (e), subsequently becomes registered or preregistered to vote, and votes or attempts to vote in an election held after the effective date of the persons registration or preregistration, that person shall be presumed to have acted with official authorization and shall not be guilty of fraudulently voting or attempting to vote pursuant to Section 18560, unless that person willfully votes or attempts to vote knowing that the person is not eligible to vote.(h) This section shall become operative on January 1, 2024. |
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| 376 | 388 | | |
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| 377 | 389 | | 2211.5. (a) By the first day of each month, and more frequently if the clerk so chooses, the clerk of the superior court of each county shall notify the Secretary of State pursuant to subdivision (b) of each of the following:(1) All findings made by the court regarding any persons competency to vote, as specified in each of Sections 2208 through 2211, inclusive, since the clerks last report.(2) The total number of proceedings, as specified in paragraphs (1) through (4) of subdivision (a) of Section 2208, that occurred in that court since the clerks last report.(b) In consultation with the Secretary of State, the Judicial Council shall adopt rules of court to implement this section and Judicial Council forms that shall be used by courts to furnish the notices described in subdivision (a). The forms shall contain clearly identified spaces for all of the following:(1) Personal identification information for the affected person, including all of the following:(A) All known first names.(B) All known last names.(C) All known middle names.(D) All known name suffixes.(E) Last known address.(F) Date of birth.(G) Last four digits of the persons social security number, if available.(H) Drivers license or state-issued identification number, if available.(2) The court case number.(3) The date of the order affecting the individuals voting rights.(4) Whether the courts order is made pursuant to Section 2208, 2209, 2210, or 2211.(5) Whether the legal effect of the courts order is a disqualification or a restoration of the right to vote.(6) A certification, if applicable, that the individual has been disqualified from voting due to the courts finding by clear and convincing evidence that the individual is incapable, with or without reasonable accommodations, to communicate a desire to participate in the voting process.(c) The Secretary of State shall inform the clerk of the court when it receives a notice from the court that is missing any information required by subdivision (b).(d) Upon receipt of all of the required information described in subdivision (b), the Secretary of State shall do both of the following:(1) Identify any registration record in the statewide voter database that contains personal identifying information that matches each of the unique identifiers described in subdivision (b).(2) Within three days of receiving the information from the court, for any matched records described in paragraph (1), provide the information described in paragraph (1) of subdivision (b), the corresponding unique identifier or identifiers contained in the statewide voter database, and a statement regarding whether the legal effect of the courts order is to disqualify or restore the right to vote, to the appropriate county elections official.(e) Upon receiving information from the Secretary of State pursuant to subdivision (d), the county elections official shall do either of the following, as applicable:(1) The elections official shall begin the cancellation procedures described in subdivision (c) of Section 2201 for any person whose registration information matches the unique identifier or identifiers provided by the Secretary of State and who, according to the information provided by the Secretary of State, has been disqualified to vote by a court.(2) (A) If a persons right to vote has been restored and their address is within the county according to the information provided by the Secretary of State, the elections official shall notify the person that their voting rights are restored and that they may register to vote if they are otherwise eligible. The elections official shall also provide the person with information regarding the procedures for registering to vote. If the address provided by the Secretary of State is different from the address contained in the countys voter registration file, the elections official shall provide the foregoing notice and information to the person at both addresses.(B) The Secretary of State shall prepare a form that county elections officials shall use to provide the notice described in subparagraph (A).(f) A county or county elections official shall not be liable for taking or failing to take the actions described in subdivision (e) when the county or county elections official has received erroneous information from the Secretary of State.(g) If a person who is ineligible to vote receives a notice under paragraph (2) of subdivision (e), subsequently becomes registered or preregistered to vote, and votes or attempts to vote in an election held after the effective date of the persons registration or preregistration, that person shall be presumed to have acted with official authorization and shall not be guilty of fraudulently voting or attempting to vote pursuant to Section 18560, unless that person willfully votes or attempts to vote knowing that the person is not eligible to vote.(h) This section shall become operative on January 1, 2024. |
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| 378 | 390 | | |
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| 379 | 391 | | |
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| 380 | 392 | | |
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| 381 | 393 | | 2211.5. (a) By the first day of each month, and more frequently if the clerk so chooses, the clerk of the superior court of each county shall notify the Secretary of State pursuant to subdivision (b) of each of the following: |
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| 382 | 394 | | |
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| 383 | 395 | | (1) All findings made by the court regarding any persons competency to vote, as specified in each of Sections 2208 through 2211, inclusive, since the clerks last report. |
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| 384 | 396 | | |
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| 385 | 397 | | (2) The total number of proceedings, as specified in paragraphs (1) through (4) of subdivision (a) of Section 2208, that occurred in that court since the clerks last report. |
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| 386 | 398 | | |
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| 387 | 399 | | (b) In consultation with the Secretary of State, the Judicial Council shall adopt rules of court to implement this section and Judicial Council forms that shall be used by courts to furnish the notices described in subdivision (a). The forms shall contain clearly identified spaces for all of the following: |
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| 388 | 400 | | |
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| 389 | 401 | | (1) Personal identification information for the affected person, including all of the following: |
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| 390 | 402 | | |
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| 391 | 403 | | (A) All known first names. |
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| 392 | 404 | | |
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| 393 | 405 | | (B) All known last names. |
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| 394 | 406 | | |
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| 395 | 407 | | (C) All known middle names. |
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| 396 | 408 | | |
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| 397 | 409 | | (D) All known name suffixes. |
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| 398 | 410 | | |
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| 399 | 411 | | (E) Last known address. |
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| 400 | 412 | | |
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| 401 | 413 | | (F) Date of birth. |
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| 402 | 414 | | |
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| 403 | 415 | | (G) Last four digits of the persons social security number, if available. |
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| 404 | 416 | | |
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| 405 | 417 | | (H) Drivers license or state-issued identification number, if available. |
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| 406 | 418 | | |
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| 407 | 419 | | (2) The court case number. |
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| 408 | 420 | | |
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| 409 | 421 | | (3) The date of the order affecting the individuals voting rights. |
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| 410 | 422 | | |
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| 411 | 423 | | (4) Whether the courts order is made pursuant to Section 2208, 2209, 2210, or 2211. |
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| 412 | 424 | | |
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| 413 | 425 | | (5) Whether the legal effect of the courts order is a disqualification or a restoration of the right to vote. |
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| 414 | 426 | | |
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| 415 | 427 | | (6) A certification, if applicable, that the individual has been disqualified from voting due to the courts finding by clear and convincing evidence that the individual is incapable, with or without reasonable accommodations, to communicate a desire to participate in the voting process. |
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| 416 | 428 | | |
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| 417 | 429 | | (c) The Secretary of State shall inform the clerk of the court when it receives a notice from the court that is missing any information required by subdivision (b). |
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| 418 | 430 | | |
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| 419 | 431 | | (d) Upon receipt of all of the required information described in subdivision (b), the Secretary of State shall do both of the following: |
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| 420 | 432 | | |
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| 421 | 433 | | (1) Identify any registration record in the statewide voter database that contains personal identifying information that matches each of the unique identifiers described in subdivision (b). |
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| 422 | 434 | | |
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| 423 | 435 | | (2) Within three days of receiving the information from the court, for any matched records described in paragraph (1), provide the information described in paragraph (1) of subdivision (b), the corresponding unique identifier or identifiers contained in the statewide voter database, and a statement regarding whether the legal effect of the courts order is to disqualify or restore the right to vote, to the appropriate county elections official. |
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| 424 | 436 | | |
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| 425 | 437 | | (e) Upon receiving information from the Secretary of State pursuant to subdivision (d), the county elections official shall do either of the following, as applicable: |
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| 426 | 438 | | |
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| 427 | 439 | | (1) The elections official shall begin the cancellation procedures described in subdivision (c) of Section 2201 for any person whose registration information matches the unique identifier or identifiers provided by the Secretary of State and who, according to the information provided by the Secretary of State, has been disqualified to vote by a court. |
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| 428 | 440 | | |
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| 429 | 441 | | (2) (A) If a persons right to vote has been restored and their address is within the county according to the information provided by the Secretary of State, the elections official shall notify the person that their voting rights are restored and that they may register to vote if they are otherwise eligible. The elections official shall also provide the person with information regarding the procedures for registering to vote. If the address provided by the Secretary of State is different from the address contained in the countys voter registration file, the elections official shall provide the foregoing notice and information to the person at both addresses. |
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| 430 | 442 | | |
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| 431 | 443 | | (B) The Secretary of State shall prepare a form that county elections officials shall use to provide the notice described in subparagraph (A). |
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| 432 | 444 | | |
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| 433 | 445 | | (f) A county or county elections official shall not be liable for taking or failing to take the actions described in subdivision (e) when the county or county elections official has received erroneous information from the Secretary of State. |
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| 434 | 446 | | |
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| 435 | 447 | | (g) If a person who is ineligible to vote receives a notice under paragraph (2) of subdivision (e), subsequently becomes registered or preregistered to vote, and votes or attempts to vote in an election held after the effective date of the persons registration or preregistration, that person shall be presumed to have acted with official authorization and shall not be guilty of fraudulently voting or attempting to vote pursuant to Section 18560, unless that person willfully votes or attempts to vote knowing that the person is not eligible to vote. |
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| 436 | 448 | | |
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| 437 | 449 | | (h) This section shall become operative on January 1, 2024. |
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| 438 | 450 | | |
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| 439 | 451 | | SEC. 12. Section 2214 is added to the Elections Code, to read:2214. (a) Each month, the Secretary of State shall post on its internet website a report showing, for the preceding period, the number of voting rights disqualifications and the number of voting rights restorations pursuant to each of Sections 2208 through 2212, as applicable, that were ordered within each county and the number of proceedings specified in paragraphs (1) through (4) of subdivision (a) of Section 2208 that occurred within each county.(b) In consultation with the Judicial Council, the Secretary of State shall prepare and deliver a training via a remote web-based learning platform that is accessible through the Secretary of States internet website. The training shall contain information about the responsibilities of superior courts and county elections officials, as specified in this chapter, and information about the legal standards for voting rights disqualification, the duties of court investigators, and the reporting requirements for courts related to voting rights disqualification and restoration.(c) At least annually, each court executive officer and each county elections official shall complete the training described in subdivision (b). The trainings completed by court executive officers and county elections officials shall be tracked through the remote web-based learning platform provided by the Secretary of State.(d) This section shall become operative on January 1, 2024. |
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| 440 | 452 | | |
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| 441 | 453 | | SEC. 12. Section 2214 is added to the Elections Code, to read: |
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| 442 | 454 | | |
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| 443 | 455 | | ### SEC. 12. |
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| 444 | 456 | | |
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| 445 | 457 | | 2214. (a) Each month, the Secretary of State shall post on its internet website a report showing, for the preceding period, the number of voting rights disqualifications and the number of voting rights restorations pursuant to each of Sections 2208 through 2212, as applicable, that were ordered within each county and the number of proceedings specified in paragraphs (1) through (4) of subdivision (a) of Section 2208 that occurred within each county.(b) In consultation with the Judicial Council, the Secretary of State shall prepare and deliver a training via a remote web-based learning platform that is accessible through the Secretary of States internet website. The training shall contain information about the responsibilities of superior courts and county elections officials, as specified in this chapter, and information about the legal standards for voting rights disqualification, the duties of court investigators, and the reporting requirements for courts related to voting rights disqualification and restoration.(c) At least annually, each court executive officer and each county elections official shall complete the training described in subdivision (b). The trainings completed by court executive officers and county elections officials shall be tracked through the remote web-based learning platform provided by the Secretary of State.(d) This section shall become operative on January 1, 2024. |
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| 446 | 458 | | |
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| 447 | 459 | | 2214. (a) Each month, the Secretary of State shall post on its internet website a report showing, for the preceding period, the number of voting rights disqualifications and the number of voting rights restorations pursuant to each of Sections 2208 through 2212, as applicable, that were ordered within each county and the number of proceedings specified in paragraphs (1) through (4) of subdivision (a) of Section 2208 that occurred within each county.(b) In consultation with the Judicial Council, the Secretary of State shall prepare and deliver a training via a remote web-based learning platform that is accessible through the Secretary of States internet website. The training shall contain information about the responsibilities of superior courts and county elections officials, as specified in this chapter, and information about the legal standards for voting rights disqualification, the duties of court investigators, and the reporting requirements for courts related to voting rights disqualification and restoration.(c) At least annually, each court executive officer and each county elections official shall complete the training described in subdivision (b). The trainings completed by court executive officers and county elections officials shall be tracked through the remote web-based learning platform provided by the Secretary of State.(d) This section shall become operative on January 1, 2024. |
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| 448 | 460 | | |
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| 449 | 461 | | 2214. (a) Each month, the Secretary of State shall post on its internet website a report showing, for the preceding period, the number of voting rights disqualifications and the number of voting rights restorations pursuant to each of Sections 2208 through 2212, as applicable, that were ordered within each county and the number of proceedings specified in paragraphs (1) through (4) of subdivision (a) of Section 2208 that occurred within each county.(b) In consultation with the Judicial Council, the Secretary of State shall prepare and deliver a training via a remote web-based learning platform that is accessible through the Secretary of States internet website. The training shall contain information about the responsibilities of superior courts and county elections officials, as specified in this chapter, and information about the legal standards for voting rights disqualification, the duties of court investigators, and the reporting requirements for courts related to voting rights disqualification and restoration.(c) At least annually, each court executive officer and each county elections official shall complete the training described in subdivision (b). The trainings completed by court executive officers and county elections officials shall be tracked through the remote web-based learning platform provided by the Secretary of State.(d) This section shall become operative on January 1, 2024. |
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| 450 | 462 | | |
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| 451 | 463 | | |
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| 452 | 464 | | |
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| 453 | 465 | | 2214. (a) Each month, the Secretary of State shall post on its internet website a report showing, for the preceding period, the number of voting rights disqualifications and the number of voting rights restorations pursuant to each of Sections 2208 through 2212, as applicable, that were ordered within each county and the number of proceedings specified in paragraphs (1) through (4) of subdivision (a) of Section 2208 that occurred within each county. |
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| 454 | 466 | | |
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| 455 | 467 | | (b) In consultation with the Judicial Council, the Secretary of State shall prepare and deliver a training via a remote web-based learning platform that is accessible through the Secretary of States internet website. The training shall contain information about the responsibilities of superior courts and county elections officials, as specified in this chapter, and information about the legal standards for voting rights disqualification, the duties of court investigators, and the reporting requirements for courts related to voting rights disqualification and restoration. |
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| 456 | 468 | | |
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| 457 | 469 | | (c) At least annually, each court executive officer and each county elections official shall complete the training described in subdivision (b). The trainings completed by court executive officers and county elections officials shall be tracked through the remote web-based learning platform provided by the Secretary of State. |
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| 458 | 470 | | |
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| 459 | 471 | | (d) This section shall become operative on January 1, 2024. |
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| 460 | 472 | | |
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| 461 | 473 | | SEC. 13. Section 5358.3 of the Welfare and Institutions Code is amended to read:5358.3. (a) At any time, a conservatee or any person on the conservatees behalf with the consent of the conservatee or the conservatees counsel, may petition the court for a hearing to contest the rights denied under Section 5357 or the powers granted to the conservator under Section 5358. However, after the filing of the first petition for hearing pursuant to this section, no further petition for rehearing shall be submitted for a period of six months.(b) A request for hearing pursuant to this section shall not affect the right of a conservatee to petition the court for a rehearing as to their status as a conservatee pursuant to Section 5364. A hearing pursuant to this section shall not include trial by jury. If a persons right to vote is restored, the court shall so notify the county elections official pursuant to subdivision (c) of Section 2210 of the Elections Code.(c) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. |
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| 462 | 474 | | |
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| 463 | 475 | | SEC. 13. Section 5358.3 of the Welfare and Institutions Code is amended to read: |
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| 464 | 476 | | |
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| 465 | 477 | | ### SEC. 13. |
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| 466 | 478 | | |
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| 467 | 479 | | 5358.3. (a) At any time, a conservatee or any person on the conservatees behalf with the consent of the conservatee or the conservatees counsel, may petition the court for a hearing to contest the rights denied under Section 5357 or the powers granted to the conservator under Section 5358. However, after the filing of the first petition for hearing pursuant to this section, no further petition for rehearing shall be submitted for a period of six months.(b) A request for hearing pursuant to this section shall not affect the right of a conservatee to petition the court for a rehearing as to their status as a conservatee pursuant to Section 5364. A hearing pursuant to this section shall not include trial by jury. If a persons right to vote is restored, the court shall so notify the county elections official pursuant to subdivision (c) of Section 2210 of the Elections Code.(c) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. |
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| 468 | 480 | | |
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| 469 | 481 | | 5358.3. (a) At any time, a conservatee or any person on the conservatees behalf with the consent of the conservatee or the conservatees counsel, may petition the court for a hearing to contest the rights denied under Section 5357 or the powers granted to the conservator under Section 5358. However, after the filing of the first petition for hearing pursuant to this section, no further petition for rehearing shall be submitted for a period of six months.(b) A request for hearing pursuant to this section shall not affect the right of a conservatee to petition the court for a rehearing as to their status as a conservatee pursuant to Section 5364. A hearing pursuant to this section shall not include trial by jury. If a persons right to vote is restored, the court shall so notify the county elections official pursuant to subdivision (c) of Section 2210 of the Elections Code.(c) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. |
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| 470 | 482 | | |
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| 471 | 483 | | 5358.3. (a) At any time, a conservatee or any person on the conservatees behalf with the consent of the conservatee or the conservatees counsel, may petition the court for a hearing to contest the rights denied under Section 5357 or the powers granted to the conservator under Section 5358. However, after the filing of the first petition for hearing pursuant to this section, no further petition for rehearing shall be submitted for a period of six months.(b) A request for hearing pursuant to this section shall not affect the right of a conservatee to petition the court for a rehearing as to their status as a conservatee pursuant to Section 5364. A hearing pursuant to this section shall not include trial by jury. If a persons right to vote is restored, the court shall so notify the county elections official pursuant to subdivision (c) of Section 2210 of the Elections Code.(c) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. |
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| 472 | 484 | | |
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| 473 | 485 | | |
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| 474 | 486 | | |
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| 475 | 487 | | 5358.3. (a) At any time, a conservatee or any person on the conservatees behalf with the consent of the conservatee or the conservatees counsel, may petition the court for a hearing to contest the rights denied under Section 5357 or the powers granted to the conservator under Section 5358. However, after the filing of the first petition for hearing pursuant to this section, no further petition for rehearing shall be submitted for a period of six months. |
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| 476 | 488 | | |
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| 477 | 489 | | (b) A request for hearing pursuant to this section shall not affect the right of a conservatee to petition the court for a rehearing as to their status as a conservatee pursuant to Section 5364. A hearing pursuant to this section shall not include trial by jury. If a persons right to vote is restored, the court shall so notify the county elections official pursuant to subdivision (c) of Section 2210 of the Elections Code. |
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| 478 | 490 | | |
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| 479 | 491 | | (c) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. |
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| 480 | 492 | | |
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| 481 | 493 | | SEC. 14. Section 5358.3 is added to the Welfare and Institutions Code, to read:5358.3. (a) At any time, a conservatee or any person on the conservatees behalf with the consent of the conservatee or the conservatees counsel, may petition the court for a hearing to contest the rights denied under Section 5357 or the powers granted to the conservator under Section 5358. However, after the filing of the first petition for hearing pursuant to this section, no further petition for rehearing shall be submitted for a period of six months.(b) A request for hearing pursuant to this section shall not affect the right of a conservatee to petition the court for a rehearing as to their status as a conservatee pursuant to Section 5364. A hearing pursuant to this section shall not include trial by jury. If a persons right to vote is restored, the court shall provide notice to the Secretary of State pursuant to Section 2211.5 of the Elections Code.(c) This section shall become operative on January 1, 2024. |
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| 482 | 494 | | |
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| 483 | 495 | | SEC. 14. Section 5358.3 is added to the Welfare and Institutions Code, to read: |
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| 484 | 496 | | |
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| 485 | 497 | | ### SEC. 14. |
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| 486 | 498 | | |
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| 487 | 499 | | 5358.3. (a) At any time, a conservatee or any person on the conservatees behalf with the consent of the conservatee or the conservatees counsel, may petition the court for a hearing to contest the rights denied under Section 5357 or the powers granted to the conservator under Section 5358. However, after the filing of the first petition for hearing pursuant to this section, no further petition for rehearing shall be submitted for a period of six months.(b) A request for hearing pursuant to this section shall not affect the right of a conservatee to petition the court for a rehearing as to their status as a conservatee pursuant to Section 5364. A hearing pursuant to this section shall not include trial by jury. If a persons right to vote is restored, the court shall provide notice to the Secretary of State pursuant to Section 2211.5 of the Elections Code.(c) This section shall become operative on January 1, 2024. |
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| 488 | 500 | | |
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| 489 | 501 | | 5358.3. (a) At any time, a conservatee or any person on the conservatees behalf with the consent of the conservatee or the conservatees counsel, may petition the court for a hearing to contest the rights denied under Section 5357 or the powers granted to the conservator under Section 5358. However, after the filing of the first petition for hearing pursuant to this section, no further petition for rehearing shall be submitted for a period of six months.(b) A request for hearing pursuant to this section shall not affect the right of a conservatee to petition the court for a rehearing as to their status as a conservatee pursuant to Section 5364. A hearing pursuant to this section shall not include trial by jury. If a persons right to vote is restored, the court shall provide notice to the Secretary of State pursuant to Section 2211.5 of the Elections Code.(c) This section shall become operative on January 1, 2024. |
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| 490 | 502 | | |
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| 491 | 503 | | 5358.3. (a) At any time, a conservatee or any person on the conservatees behalf with the consent of the conservatee or the conservatees counsel, may petition the court for a hearing to contest the rights denied under Section 5357 or the powers granted to the conservator under Section 5358. However, after the filing of the first petition for hearing pursuant to this section, no further petition for rehearing shall be submitted for a period of six months.(b) A request for hearing pursuant to this section shall not affect the right of a conservatee to petition the court for a rehearing as to their status as a conservatee pursuant to Section 5364. A hearing pursuant to this section shall not include trial by jury. If a persons right to vote is restored, the court shall provide notice to the Secretary of State pursuant to Section 2211.5 of the Elections Code.(c) This section shall become operative on January 1, 2024. |
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| 492 | 504 | | |
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| 493 | 505 | | |
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| 494 | 506 | | |
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| 495 | 507 | | 5358.3. (a) At any time, a conservatee or any person on the conservatees behalf with the consent of the conservatee or the conservatees counsel, may petition the court for a hearing to contest the rights denied under Section 5357 or the powers granted to the conservator under Section 5358. However, after the filing of the first petition for hearing pursuant to this section, no further petition for rehearing shall be submitted for a period of six months. |
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| 496 | 508 | | |
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| 497 | 509 | | (b) A request for hearing pursuant to this section shall not affect the right of a conservatee to petition the court for a rehearing as to their status as a conservatee pursuant to Section 5364. A hearing pursuant to this section shall not include trial by jury. If a persons right to vote is restored, the court shall provide notice to the Secretary of State pursuant to Section 2211.5 of the Elections Code. |
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| 498 | 510 | | |
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| 499 | 511 | | (c) This section shall become operative on January 1, 2024. |
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| 500 | 512 | | |
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| 501 | 513 | | SEC. 15. Section 5364 of the Welfare and Institutions Code is amended to read:5364. (a) At any time, the conservatee may petition the superior court for a rehearing as to their status as a conservatee. However, after the filing of the first petition for rehearing pursuant to this section, no further petition for rehearing shall be submitted for a period of six months. If the conservatorship is terminated pursuant to this section, the court shall, in accordance with subdivision (c) of Section 2210 of the Elections Code, notify the county elections official that the persons right to register to vote is restored.(b) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. |
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| 502 | 514 | | |
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| 503 | 515 | | SEC. 15. Section 5364 of the Welfare and Institutions Code is amended to read: |
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| 504 | 516 | | |
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| 505 | 517 | | ### SEC. 15. |
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| 506 | 518 | | |
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| 507 | 519 | | 5364. (a) At any time, the conservatee may petition the superior court for a rehearing as to their status as a conservatee. However, after the filing of the first petition for rehearing pursuant to this section, no further petition for rehearing shall be submitted for a period of six months. If the conservatorship is terminated pursuant to this section, the court shall, in accordance with subdivision (c) of Section 2210 of the Elections Code, notify the county elections official that the persons right to register to vote is restored.(b) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. |
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| 508 | 520 | | |
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| 509 | 521 | | 5364. (a) At any time, the conservatee may petition the superior court for a rehearing as to their status as a conservatee. However, after the filing of the first petition for rehearing pursuant to this section, no further petition for rehearing shall be submitted for a period of six months. If the conservatorship is terminated pursuant to this section, the court shall, in accordance with subdivision (c) of Section 2210 of the Elections Code, notify the county elections official that the persons right to register to vote is restored.(b) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. |
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| 510 | 522 | | |
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| 511 | 523 | | 5364. (a) At any time, the conservatee may petition the superior court for a rehearing as to their status as a conservatee. However, after the filing of the first petition for rehearing pursuant to this section, no further petition for rehearing shall be submitted for a period of six months. If the conservatorship is terminated pursuant to this section, the court shall, in accordance with subdivision (c) of Section 2210 of the Elections Code, notify the county elections official that the persons right to register to vote is restored.(b) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. |
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| 512 | 524 | | |
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| 513 | 525 | | |
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| 514 | 526 | | |
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| 515 | 527 | | 5364. (a) At any time, the conservatee may petition the superior court for a rehearing as to their status as a conservatee. However, after the filing of the first petition for rehearing pursuant to this section, no further petition for rehearing shall be submitted for a period of six months. If the conservatorship is terminated pursuant to this section, the court shall, in accordance with subdivision (c) of Section 2210 of the Elections Code, notify the county elections official that the persons right to register to vote is restored. |
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| 516 | 528 | | |
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| 517 | 529 | | (b) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. |
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| 518 | 530 | | |
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| 519 | 531 | | SEC. 16. Section 5364 is added to the Welfare and Institutions Code, to read:5364. (a) At any time, the conservatee may petition the superior court for a rehearing as to their status as a conservatee. However, after the filing of the first petition for rehearing pursuant to this section, no further petition for rehearing shall be submitted for a period of six months. If the conservatorship is terminated pursuant to this section, the court shall provide notice to the Secretary of State pursuant to Section 2211.5 of the Elections Code.(b) This section shall become operative on January 1, 2024. |
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| 520 | 532 | | |
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| 521 | 533 | | SEC. 16. Section 5364 is added to the Welfare and Institutions Code, to read: |
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| 522 | 534 | | |
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| 523 | 535 | | ### SEC. 16. |
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| 524 | 536 | | |
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| 525 | 537 | | 5364. (a) At any time, the conservatee may petition the superior court for a rehearing as to their status as a conservatee. However, after the filing of the first petition for rehearing pursuant to this section, no further petition for rehearing shall be submitted for a period of six months. If the conservatorship is terminated pursuant to this section, the court shall provide notice to the Secretary of State pursuant to Section 2211.5 of the Elections Code.(b) This section shall become operative on January 1, 2024. |
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| 526 | 538 | | |
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| 527 | 539 | | 5364. (a) At any time, the conservatee may petition the superior court for a rehearing as to their status as a conservatee. However, after the filing of the first petition for rehearing pursuant to this section, no further petition for rehearing shall be submitted for a period of six months. If the conservatorship is terminated pursuant to this section, the court shall provide notice to the Secretary of State pursuant to Section 2211.5 of the Elections Code.(b) This section shall become operative on January 1, 2024. |
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| 528 | 540 | | |
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| 529 | 541 | | 5364. (a) At any time, the conservatee may petition the superior court for a rehearing as to their status as a conservatee. However, after the filing of the first petition for rehearing pursuant to this section, no further petition for rehearing shall be submitted for a period of six months. If the conservatorship is terminated pursuant to this section, the court shall provide notice to the Secretary of State pursuant to Section 2211.5 of the Elections Code.(b) This section shall become operative on January 1, 2024. |
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| 530 | 542 | | |
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| 531 | 543 | | |
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| 532 | 544 | | |
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| 533 | 545 | | 5364. (a) At any time, the conservatee may petition the superior court for a rehearing as to their status as a conservatee. However, after the filing of the first petition for rehearing pursuant to this section, no further petition for rehearing shall be submitted for a period of six months. If the conservatorship is terminated pursuant to this section, the court shall provide notice to the Secretary of State pursuant to Section 2211.5 of the Elections Code. |
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| 534 | 546 | | |
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| 535 | 547 | | (b) This section shall become operative on January 1, 2024. |
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| 536 | 548 | | |
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| 537 | 549 | | SEC. 17. 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. |
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| 538 | 550 | | |
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| 539 | 551 | | SEC. 17. 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. |
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| 540 | 552 | | |
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| 541 | 553 | | SEC. 17. 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. |
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| 542 | 554 | | |
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| 543 | 555 | | ### SEC. 17. |
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