CALIFORNIA STATUTES AND CODES
SECTIONS 2100-2124
ELECTIONS CODE
SECTION 2100-2124
2100. No person shall be registered except as provided in this
chapter except upon the production and filing of a certified copy of
a judgment of the superior court directing registration to be made.
2101. A person entitled to register to vote shall be a United
States citizen, a resident of California, not in prison or on parole
for the conviction of a felony, and at least 18 years of age at the
time of the next election.
2102. (a) A person may not be registered as a voter except by
affidavit of registration. The affidavit shall be mailed or delivered
to the county elections official and shall set forth all of the
facts required to be shown by this chapter. A properly executed
registration shall be deemed effective upon receipt of the affidavit
by the county elections official if received on or before the 15th
day prior to an election to be held in the registrant's precinct. A
properly executed registration shall also be deemed effective upon
receipt of the affidavit by the county elections official if any of
the following apply:
(1) The affidavit is postmarked on or before the 15th day prior to
the election and received by mail by the county elections official.
(2) The affidavit is submitted to the Department of Motor Vehicles
or accepted by any other public agency designated as a voter
registration agency pursuant to the National Voter Registration Act
of 1993 (42 U.S.C. Sec. 1973gg) on or before the 15th day prior to
the election.
(3) The affidavit is delivered to the county elections official by
means other than those described in paragraphs (1) or (2) on or
before the 15th day prior to the election.
(b) For purposes of verifying signatures on a recall, initiative,
or referendum petition or signatures on a nomination paper or any
other election petition or election paper, a properly executed
affidavit of registration shall be deemed effective for verification
purposes if both (a) the affidavit is signed on the same date or a
date prior to the signing of the petition or paper, and (b) the
affidavit is received by the county elections official on or before
the date on which the petition or paper is filed.
(c) Notwithstanding any other provision of law to the contrary,
the affidavit of registration required under this chapter may not be
taken under sworn oath, but the content of the affidavit shall be
certified as to its truthfulness and correctness, under penalty of
perjury, by the signature of the affiant.
2102. (a) A person may not be registered as a voter except by
affidavit of registration. The affidavit shall be mailed or delivered
to the county elections official and shall set forth all of the
facts required to be shown by this chapter. A properly executed
registration shall be deemed effective upon receipt of the affidavit
by the county elections official if received on or before the 15th
day prior to an election to be held in the registrant's precinct. A
properly executed registration shall also be deemed effective upon
receipt of the affidavit by the county elections official if any of
the following apply:
(1) The affidavit is postmarked on or before the 15th day prior to
the election and received by mail by the county elections official.
(2) The affidavit is submitted to the Department of Motor Vehicles
or accepted by any other public agency designated as a voter
registration agency pursuant to the National Voter Registration Act
of 1993 (42 U.S.C. Sec. 1973gg) on or before the 15th day prior to
the election.
(3) The affidavit is delivered to the county elections official by
means other than those described in paragraphs (1) or (2) on or
before the 15th day prior to the election.
(b) For purposes of verifying signatures on a recall, initiative,
or referendum petition or signatures on a nomination paper or any
other election petition or election paper, a properly executed
affidavit of registration shall be deemed effective for verification
purposes if both of the following conditions are satisfied:
(1) The affidavit is signed on the same date or a date prior to
the signing of the petition or paper.
(2) The affidavit is received by the county elections official on
or before the date on which the petition or paper is filed.
(c) Notwithstanding any other provision of law to the contrary,
the affidavit of registration required under this chapter may not be
taken under sworn oath, but the content of the affidavit shall be
certified as to its truthfulness and correctness, under penalty of
perjury, by the signature of the affiant.
(d) A person who is at least 17 years of age and otherwise meets
all eligibility requirements to vote may submit his or her affidavit
of registration as prescribed by this section. A properly executed
registration made pursuant to this subdivision shall be deemed
effective as of the date the affiant will be 18 years of age, if the
information in the affidavit of registration is still current at that
time. If the information provided by the affiant in the affidavit of
registration is not current at the time that the registration would
otherwise become effective, for his or her registration to become
effective, the affiant shall provide the current information to the
proper county elections official as prescribed by this chapter.
2103. (a) It is the intent of the Legislature that the election
board of each county, in order to promote and encourage voter
registrations, shall establish a sufficient number of registration
places throughout the county, and outside the county courthouse, for
the convenience of persons desiring to register, to the end that
registration may be maintained at a high level.
(b) It is also the intent of the Legislature that county elections
officials, in order to promote and encourage voter registrations,
shall enlist the support and cooperation of interested citizens and
organizations, and shall deputize as registrars qualified citizens in
such a way as to reach most effectively every resident of the
county. The persons so deputized shall be permitted to register
voters anywhere within the county, including at the places of
residence of the persons to be registered, and the county elections
official shall not deny deputy registrars the right to register
voters anywhere in the county.
(c) It is also the intent of the Legislature that
non-English-speaking citizens, like all other citizens, should be
encouraged to vote. Therefore, appropriate efforts should be made to
minimize obstacles to registration by citizens who lack sufficient
skill in English to register without assistance.
(d) Where the county elections official finds that citizens
described in subdivision (c) approximate 3 percent or more of the
voting age residents of a precinct, or in the event that interested
citizens or organizations provide information which the county
elections official believes indicates a need for registration
assistance for qualified citizens described in subdivision (c), the
county elections official shall make reasonable efforts to recruit
deputy registrars who are fluent in a language used by citizens
described in subdivision (c) and in English. That recruitment shall
be conducted through the cooperation of interested citizens and
organizations and through voluntarily donated public service notices
in the media, including newspapers, radio, and television,
particularly those media that serve the non-English-speaking citizens
described in subdivision (c). Deputy registrars so appointed shall
facilitate registration in the particular precincts concerned and
shall have the right to register voters anywhere in the county.
(e) In furtherance of the purposes of this section, the governing
board of any county, city, city and county, district, or other public
agency, may authorize and assign any of its officers or employees to
become deputy registrars of voters and to register qualified
citizens on any premises and facilities owned or controlled by those
public agencies during the regular working hours of the officers or
employees. With the exception of firemen, any compensation to which
the officer or employee may be entitled in payment for the services
of the officer or employee as a deputy registrar may be paid by the
authority that appointed the officer or employee as a deputy
registrar to the public agency that regularly employs the officer or
employee.
(f) It is the intent of the Legislature that no limitation be
imposed on the number of persons appointed to act as deputy
registrars of voters.
2104. It is the intent of the Legislature that the introduction of
registration by mail shall not in any way lead to administrative
limitations on the use of deputy registrars of voters for the purpose
of assisting in the registration of persons who may continue to
require such assistance.
It is the intent of the Legislature that registrars continue to be
deputized by the county elections official pursuant to Section 2103,
but that as the electorate becomes more conversant with mail
registration procedures, the number of deputy registrars will
naturally diminish due to a decrease in the demand for the services
of the deputy registrars of voters.
2105. It is the intent of the Legislature that voter registration
be maintained at the highest possible level. The Secretary of State
shall adopt regulations requiring each county to design and implement
programs intended to identify qualified electors who are not
registered voters, and to register those persons to vote. The
Secretary of State shall adopt regulations prescribing minimum
requirements for those programs. If the Secretary of State finds that
a county has not designed and implemented a program meeting the
prescribed minimum requirements, the Secretary of State shall design
a program for the county and report the violation to the Attorney
General.
2106. Any program adopted by a county pursuant to Section 2103 or
2105, that is designed to encourage the registration of electors,
shall, with respect to any printed literature or media announcements
made in connection with these programs, contain this statement: "A
person entitled to register to vote must be a United States citizen,
a resident of California, not in prison or on parole for the
conviction of a felony, and at least 18 years of age at the time of
the election."
2106. A program adopted by a county pursuant to Section 2103 or
2105, that is designed to encourage the registration of electors,
shall, with respect to a printed literature or media announcement
made in connection with these programs, contain this statement: "A
person entitled to register to vote must be a United States citizen,
a resident of California, not in prison or on parole for the
conviction of a felony, and at least 18 years of age at the time of
the election. A person may preregister to vote if he or she is a
United States citizen, a resident of California, not in prison or on
parole for the conviction of a felony, and at least 17 years of age."
A county elections official may continue to use existing materials
prior to printing new or revised materials required by any changes to
this section.
2107. (a) Except as provided in subdivision (b), the county
elections official shall accept affidavits of registration at all
times except during the 14 days immediately preceding any election,
when registration shall cease for that election as to electors
residing in the territory within which the election is to be held.
Transfers of registration for an election may be made from one
precinct to another precinct in the same county at any time when
registration is in progress in the precinct to which the elector
seeks to transfer.
(b) The county elections official shall accept an affidavit of
registration executed as part of a voter registration card in the
forthcoming election if the affidavit is executed on or before the
15th day prior to the election, and if any of the following apply:
(1) The affidavit is postmarked on or before the 15th day prior to
the election and received by mail by the county elections official.
(2) The affidavit is submitted to the Department of Motor Vehicles
or accepted by any other public agency designated as a voter
registration agency pursuant to the National Voter Registration Act
of 1993 (42 U.S.C. Sec. 1973gg) prior to the election.
(3) The affidavit is delivered to the county elections official by
means other than those described in paragraphs (2) and (3) on or
before the 15th day prior to the election.
2108. The county elections official shall keep and maintain a
current file listing all persons appointed or deputized by the county
elections official to register voters, which file shall be open to
public inspection. The file shall include the party affiliation, if
any, of each person listed.
2109. Any person who is a registered voter qualifies for
appointment as a deputy registrar of voters.
2110. No county elections official may refuse to deputize any
person to register voters because of ancestry, marital status,
political affiliation, or any characteristic listed or defined in
Section 11135 of the Government Code.
2111. A person may prove he or she is a citizen by his or her
certification under penalty of perjury on the affidavit of
registration.
2112. Notwithstanding any other provision of law to the contrary,
the fact that a person certifies to his or her United States
citizenship by signing his or her affidavit of registration shall be
deemed evidence of citizenship for voting purposes only.
2113. Any elector absent from the county in which he or she claims
residence may request a voter registration card from the county
elections official of the county of residence. The county elections
official shall furnish a voter registration card, to each elector
requesting a card and showing that he or she will be temporarily
absent from his or her home county. Upon receipt by the county
elections official, the affidavit of registration shall be processed
as required by this chapter.
2114. The county elections official of any county in this state may
receive the affidavit of registration of any elector who resides or
claims residence in another county in this state. The affidavit shall
be forwarded to the county elections official of the county in which
the elector resides. The county elections official of the county in
which the elector resides shall use the affidavit of registration
from the other county as his or her permanent record.
Registration by this method shall be effective for all elections
occurring 29 or more days after receipt of the affidavit of
registration by the county elections official or his or her deputy to
which the affidavit is mailed or delivered by the elector.
2115. Whenever a voter, between the time of that person's last
registration and the time for the closing of registration for any
given election in the same county, has lawfully changed his or her
surname, the voter may reregister under the new or changed name. The
voter shall make an additional statement at the time of
reregistration, giving the name under which he or she was last
registered in that county.
This additional statement shall be given in the prior registration
portion of the affidavit of registration before the affidavit is
signed, and shall be deemed a part of the affidavit. Upon
reregistration, the last previous registration of the voter shall be
canceled.
2116. (a) Whenever a voter, between the time of that person's last
voter registration and the time for the closing of registration for
any given election, has changed his or her residence address by
moving, the voter shall execute a new affidavit of registration or a
notice or a letter of the change of address as permitted in Section
2119, in order to be eligible to vote at the next election.
(b) Notwithstanding subdivision (a), a voter who has changed his
or her residence address by moving may vote at the election
immediately following the change of residence if he or she is
entitled to vote under Section 2035 or 14311.
2117. Except as provided in Section 2119, if a voter reregisters or
transfers his or her registration from one precinct to another, the
former address shall be entered in the prior registration portion of
the affidavit, and the former registration shall thereupon be
canceled.
2118. No person shall register in one county when his or her
registration in another remains uncanceled unless he or she complies
with this section. Any person who is registered in one county may, if
otherwise legally qualified, register in another county in which he
or she then resides, at any time before the closing of registration
for any election, if in the prior registration portion of the
affidavit of registration he or she enters his or her former address.
The county elections official shall at once notify the county
elections official of the county in which the old registration is
still uncanceled that the voter has reregistered. Upon receipt of the
notice of reregistration, the former registration shall be canceled
immediately.
2118.5. (a) If a voter is erroneously assigned to a precinct, the
voter may apply to the elections official for a certificate showing
the record of registration. The elections official shall give the
voter the certificate on or before election day. Upon presentation of
this certificate to the precinct board of the proper precinct, the
board shall permit the voter to vote. If the voter does not obtain
the certificate provided for in this section, and votes in the
precinct into which the voter has been erroneously assigned by the
elections official, and the election is contested, the voter's vote
shall not be rejected for those candidates and on those measures with
respect to which the voter would have been entitled to vote had the
voter voted in the proper precinct, and no inquiry shall be made as
to how the voter voted for those candidates or on those measures.
(b) No voter who receives a certificate of registration under this
section shall be charged a fee by the elections official.
2119. (a) In lieu of executing a new affidavit of registration for
a change of address within the county the county elections official
shall accept a notice or letter of the change of address signed by a
voter as he or she is registered.
(b) The county elections official shall accept a notification for
the forthcoming election and shall change the address on the voter's
affidavit of registration accordingly if the notification is executed
on or before the 15th day prior to the election and if any of the
following apply:
(1) The notification is postmarked on or before the 15th day prior
to the election and received by mail by the county elections
official.
(2) The notification is submitted to the Department of Motor
Vehicles or accepted by any other public agency designated as a voter
registration agency pursuant to the National Voter Registration Act
of 1993 (42 U.S.C. Sec. 1973gg) prior to the election.
(3) The notification is delivered to the county elections official
by means other than those described in paragraphs (2) and (3) on or
before the 14th day prior to the election.
2120. If the county elections official receives a letter from a
voter stating that the voter has moved to a new address in another
county in the state, the elections official shall immediately notify
the elections official of the county to which the voter has moved.
Upon receipt of the notice, the elections official of the county to
which the voter has moved shall send to the voter a voter
registration card, and shall instruct the voter that in order to
record a change of address, the voter must reregister on a new
affidavit of registration. The elections official shall cancel the
old registration for any election occurring at least 29 days after
the receipt of the letter.
2121. No fees may be charged for registration.
2122. The county elections official may cause to be written or
printed upon the top margin, or in the body of the affidavit, in
addition to any matter provided for in this code, any words necessary
or convenient to designate the precinct, district, or political
subdivision for which the affidavit is taken, or to indicate any
removal or transfer of registration. Any other reasonable memoranda
may be added that is necessary or convenient to enable the county
elections official to perform his or her duties in assorting or
classifying or handling affidavits with correctness and dispatch.
However, the memoranda shall not include notations, whether coded or
not, that indicate that the registrant has signed a particular
initiative, referendum, or recall petition unless the notations are
made other than on the body of the affidavit of registration. Any
memoranda, notations, devices, computer data, or other means or
material employed by the elections official indicating which petition
or petitions have been signed by any registrant shall be destroyed
as soon as practicable after the certification of the results of the
election for which the memoranda, notations, devices, computer data,
or other means or material was used, or if no election is held, as
soon as practicable after the final certification of the elections
official showing the results of the examination of the petition. In
no event shall the memoranda, notations, devices, computer data, or
other means or material be retained for more than 30 days.
The memoranda, notations, devices, computer data, or other means
or material employed by the elections official indicating which
petition or petitions have been signed by any registrant shall be
available for the use of the elections official and his or her staff
only and then only for the purposes for which they were prepared.
Except as previously provided, they shall not be made available to
any person or entity, public or private, for any purpose whatsoever.
Memoranda added to the body of the affidavit of registration,
which are not applicable to the requirements of Section 2150, shall
not be deemed a portion of the affidavit.
2123. In accordance with Section 11 of the initiative act approved
by a majority of the voters at the general election held on November
4, 1930, (Statutes of 1931, p. lxxxiii) and entitled "An act to amend
Sections 1083a, 1094, 1095a, 1097, 1103, 1105, 1106, 1115, 1120, and
to repeal Sections 1228 and 1229 of the Political Code, relating to
registration of electors and conduct of elections," no amendment by
the Legislature shall provide for a general biennial or other
periodic reregistration of voters.
2124. The Secretary of State shall, by regulation, adopt uniform
standards for proof of residency, which shall apply in all instances
where voters and new registrants are required by law to prove
residency.