Voter registration: identification requirements.

Existing law establishes conditional voter registration, using an affidavit of registration, whereby a person is permitted to register to vote after the 15th day prior to an election or on election day, and cast a provisional ballot to be counted if the conditional voter registration is deemed effective. Existing law establishes the procedures and requirements for determining whether a conditional voter registration is deemed effective and requires the county elections official to offer conditional voter registration and provisional voting at its permanent offices and authorizes the official to offer this registration and voting at satellite offices on election day. Under existing law, conditional voter registration becomes operative on January 1 of the year following the year in which the Secretary of State certifies that the state has a statewide voter registration database that complies with the requirements of the federal Help America Vote Act of 2002. This bill would additionally require that a registrant provide proof of residency in order for a conditional voter registration to be deemed effective. If a conditional voter registration is not deemed effective, the bill would require the elections official to process the affidavit of registration pursuant to existing law, and provided that all other eligibility requirements are met, the bill would deem the registration effective in forthcoming elections. Existing federal law, the Help America Vote Act of 2002, requires under certain circumstances that a voter who registers to vote by mail present or submit either a current and valid photo identification or a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter the first time the voter votes in a federal election. A person who does not present or submit the appropriate records is allowed to vote by provisional ballot, which is required to be counted if the elections official determines in accordance with state law that the individual is eligible to vote. Existing state law entitles a voter claiming to be properly registered but whose qualification or entitlement to vote cannot be immediately established to vote a provisional ballot. Under existing law, it is determined whether a provisional ballot is counted by comparing the signature on each provisional ballot envelope with the signature on the voter's affidavit of registration. This bill would allow a provisional ballot submitted by a person who was not allowed to cast a regular ballot because the person failed to submit or present identification records required by the federal law described above to be counted only if the person presents or submits the required identification records within 10 days after the election. Existing state law provides that an affidavit of voter registration may be submitted to a county elections official by mail, may be submitted to the Department of Motor Vehicles or another voter registration agency, or may be delivered to a county elections official by other means. This bill would provide that if an affidavit of voter registration is delivered to a county elections official by means other than by mail or by means other than submitting the affidavit to the Department of Motor Vehicles or another voter registration agency, the voter shall be deemed to have registered by mail for purposes of the federal law described above. By imposing new duties on local elections officials, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.