Article 4.5. Conditional Voter Registration of California Elections Code >> Division 2. >> Chapter 2. >> Article 4.5.
(a) "Conditional voter registration" means a properly
executed affidavit of registration that is delivered by the
registrant to the county elections official during the 14 days
immediately preceding an election or on election day and which may be
deemed effective pursuant to this article after the elections
official processes the affidavit, determines the registrant's
eligibility to register, and validates the registrant's information,
as specified in subdivision (c).
(b) In addition to other methods of voter registration provided by
this code, an elector who is otherwise qualified to register to vote
under this code and Section 2 of Article II of the California
Constitution may complete a conditional voter registration and cast a
provisional ballot during the 14 days immediately preceding an
election or on election day pursuant to this article.
(c) (1) A conditional voter registration shall be deemed effective
if the county elections official is able to determine before or
during the canvass period for the election that the registrant is
eligible to register to vote and that the information provided by the
registrant on the registration affidavit matches information
contained in a database maintained by the Department of Motor
Vehicles or the federal Social Security Administration.
(2) If the information provided by the registrant on the
registration affidavit cannot be verified pursuant to paragraph (1)
but the registrant is otherwise eligible to vote, the registrant
shall be issued a unique identification number pursuant to Section
2150 and the conditional voter registration shall be deemed
effective.
(d) The county elections official shall offer conditional voter
registration and provisional voting pursuant to this article, in
accordance with all of the following procedures:
(1) The elections official shall provide conditional voter
registration and provisional voting pursuant to this article at all
permanent offices of the county elections official in the county.
(2) The elections official shall advise registrants that a
conditional voter registration will be effective only if the
registrant is determined to be eligible to register to vote for the
election and the information provided by the registrant on the
registration affidavit is verified pursuant to subdivision (c).
(3) The elections official shall conduct the receipt and handling
of each conditional voter registration and offer and receive a
corresponding provisional ballot in a manner that protects the
secrecy of the ballot and allows the elections official to process
the registration, determine the registrant's eligibility to register,
and validate the registrant's information before counting or
rejecting the corresponding provisional ballot.
(4) After receiving a conditional voter registration, the
elections official shall process the registration, determine the
registrant's eligibility to register, and attempt to validate the
registrant's information.
(5) If a conditional registration is deemed effective, the
elections official shall include the corresponding provisional ballot
in the official canvass.
(e) The county elections official may offer conditional voter
registration and provisional voting pursuant to this article at
satellite offices of the county elections office, in accordance with
the procedures specified in paragraphs (2) to (5), inclusive, of
subdivision (d).
(a) A conditional voter registration accepted under this
article shall include the information required by Article 4
(commencing with Section 2150).
(b) A conditional voter registration accepted under this article
shall be processed in accordance with general voter registration
procedures provided in this chapter and established by regulations
adopted by the Secretary of State.
(c) A provisional ballot cast under this article shall be subject
to the requirements for provisional voting in Article 5 (commencing
with Section 14310) of Chapter 3 of Division 14.
(a) The elections official shall cancel any duplicate voter
registrations that may exist as a result of a conditional
registration deemed effective and shall cancel the duplicate
registrations in accordance with Chapter 3 (commencing with Section
2200).
(b) If it appears that a registrant may have committed fraud
within the meaning of Section 18560, the elections official shall
immediately notify in writing both the district attorney and the
Secretary of State.
(a) Notwithstanding any other law, a person who commits fraud
in the execution of a conditional voter registration pursuant to
this article shall be punishable by imprisonment in the county jail
for up to one year, or a fine up to twenty-five thousand dollars
($25,000), or by both that fine and imprisonment.
(b) In addition to the criminal penalties prescribed in
subdivision (a), a person who commits fraud in the execution of a
conditional voter registration pursuant to this article shall be
subject to a civil fine of an amount up to twenty-five thousand
dollars ($25,000). An action for a civil penalty under this
subdivision may be brought by the Secretary of State or any public
prosecutor with jurisdiction.
(c) Nothing in this section shall preclude the prosecution of a
person under any other applicable provision of law.