§ 2211.5. — 2211.5. (Added by Stats. 2022, Ch. 807, Sec. 11.)

California § 2211.5.

• Jurisdiction: California
• Code ELEC: Elections Code - ELEC
• Div. 2.: DIVISION 2. VOTERS
• Ch. 3.: CHAPTER 3. Cancellation and Voter File Maintenance
• Art. 1.: ARTICLE 1. General Provisions

Text

(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 person’s competency to vote, as specified in each of Sections 2208 through 2211, inclusive, since the clerk’s 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 clerk’s 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 person’s social security number, if available.
(H)
Driver’s license or state-issued identification number, if available.
(2)
The court case number.
(3)
The date of the order affecting the individual’s voting rights.
(4)
Whether the court’s order is made pursuant to Section 2208, 2209, 2210, or 2211.
(5)
Whether the legal effect of the court’s 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 court’s 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 court’s 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 person’s 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 county’s 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 person’s 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.

Legislative History

Added by Stats. 2022, Ch. 807, Sec. 11. (AB 2841) Effective January 1, 2023. Operative January 1, 2024, by its own provisions.