Section 2209 Of Article 1. General Provisions From California Elections Code >> Division 2. >> Chapter 3. >> Article 1.
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 person'
s 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
person's 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.