Bill Text: CA SB112 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Voter information: public examination.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2013-08-16 - Chaptered by Secretary of State. Chapter 118, Statutes of 2013. [SB112 Detail]

Download: California-2013-SB112-Amended.html

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BILL NUMBER: SB 112	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 4, 2013
	AMENDED IN SENATE  MARCH 7, 2013

INTRODUCED BY   Senator Monning

                        JANUARY 15, 2013

   An act to amend Section 2194 of  , and to add Section 2194.1
to,  the Elections Code, relating to voter information.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 112, as amended, Monning. Voter information: public
examination.
   Existing law sets forth the requirements and procedures for
handling the voter registration card and for the specific voter
information that is contained therein. Existing law provides that the
home address, telephone number, e-mail address, precinct number or
other specified number, and prior registration information shown on
the voter registration card for all registered voters are
confidential and prohibits the disclosure of that information to any
person, except as specified.
   This bill would require that the above-referenced voter
registration card information be available to the public 100 years
after the creation of the record. If the records are contained in the
great registers of voters and the bound register contains
information covering more than one year, the bill would prohibit the
public availability of the records until the entire contents of the
register have been recorded for at least 100 years.  The bill
would make a conforming change to existing law. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 2194 of the Elections Code is amended to read:
   2194.  (a)  The   Except as provided in
Section 2194.1, the  voter registration card information
identified in  subdivision (a) of  Section 6254.4 of
the Government Code:
   (1)  Except as provided in paragraph (4), shall 
 Shall  be confidential and shall not appear on any computer
terminal, list, affidavit, duplicate affidavit, or other medium
routinely available to the public at the county elections official's
office.
   (2) Shall not be used for any personal, private, or commercial
purpose, including, but not limited to:
   (A) The harassment of any voter or voter's household.
   (B) The advertising, solicitation, sale, or marketing of products
or services to any voter or voter's household.
   (C) Reproduction in print, broadcast visual or audio, or display
on the Internet or any computer terminal unless pursuant to paragraph
(3)  or (4)  .
   (3) Shall be provided with respect to any voter, subject to the
provisions of Sections 2166.5, 2166.7, and 2188, to any candidate for
federal, state, or local office, to any committee for or against any
initiative or referendum measure for which legal publication is
made, and to any person for election, scholarly, journalistic, or
political purposes, or for governmental purposes, as determined by
the Secretary of State. 
   (4) Shall be available to the public 100 years after the creation
of the record. If records are contained in the great registers of
voters and the bound register contains information covering more than
one year, the records shall not be available to the public until the
entire contents of the register have been recorded for at least 100
years. 
   (b) (1) Notwithstanding any other provision of law, the California
driver's license number, the California identification card number,
the social security number, and any other unique identifier used by
the State of California for purposes of voter identification shown on
a voter registration card of a registered voter, or added to voter
registration records to comply with the requirements of the federal
Help America Vote Act of 2002 (42 U.S.C. Sec. 15301 et seq.), are
confidential and shall not be disclosed to any person.
   (2) Notwithstanding any other provision of law, the signature of
the voter shown on the voter registration card is confidential and
shall not be disclosed to any person, except as provided in 
paragraph (4) of subdivision (a) and  subdivision (c).
   (c) (1) The home address or signature of any voter shall be
released whenever the person's vote is challenged pursuant to
Sections 15105 to 15108, inclusive, or Article 3 (commencing with
Section 14240) of Chapter 3 of Division 14. The address or signature
shall be released only to the challenger, to elections officials, and
to other persons as necessary to make, defend against, or adjudicate
the challenge.
   (2) An elections official shall permit a person to view the
signature of a voter for the purpose of determining whether the
signature matches a signature on an affidavit of registration or a
petition, but shall not permit a signature to be copied.
   (d) A governmental entity, or officer or employee thereof, shall
not be held civilly liable as a result of disclosure of the
information referred to in this section, unless by a showing of gross
negligence or willfulness.
   (e) For the purposes of this section, "voter's household" is
defined as the voter's place of residence or mailing address or any
persons who reside at the place of residence or use the mailing
address as supplied on the affidavit of registration pursuant to
paragraphs (3) and (4) of subdivision (a) of Section 2150.
   SEC. 2.    Section 2194.1 is added to the  
Elections Code   , to read:  
   2194.1.  The voter registration card information identified in
Section 6254.4 of the Government Code shall be available to the
public 100 years after the creation of the record. If records are
contained in the great registers of voters and the bound register
contains information covering more than one year, the records shall
not be available to the public until the entire contents of the
register have been recorded for at least 100 years.