SECTIONS 2200-2213 - California Statutes

ELECTIONS CODE

SECTION 2200-2213

2200. The registration of a voter is permanent for all purposes
during his or her life, unless and until the affidavit of
registration is canceled by the county elections official for any of
the causes specified in this article.

2201. The county elections official shall cancel the registration
in the following cases:
(a) At the signed, written request of the person registered.
(b) When the mental incompetency of the person registered is
legally established as provided in Sections 2208, 2209, 2210, and
2211.
(c) Upon proof that the person is presently imprisoned or on
parole for conviction of a felony.
(d) Upon the production of a certified copy of a judgment
directing the cancellation to be made.
(e) Upon the death of the person registered.
(f) Pursuant to Article 2 (commencing with Section 2220).
(g) Upon official notification that the voter is registered to
vote in another county or state.
(h) Upon proof that the person is otherwise ineligible to vote.

2202. (a) The county elections official shall preserve all
uncanceled affidavits of registration in a secure manner that will
protect the confidentiality of the voter information consistent with
Section 2194.
The affidavits of registration shall constitute the register
required to be kept by Article 5 (commencing with Section 2180) of
Chapter 2.
(b) In lieu of maintaining uncanceled affidavits of registration,
the county elections official may, following the first general
election after the date of registration, microfilm, record on optical
disc, or record on any other electronic medium that does not permit
additions, deletions, or changes to the original document, the
uncanceled affidavits of registration. Any such use of an electronic
medium to record uncanceled affidavits shall protect the security and
confidentiality of the voter information. The county elections
official may dispose of any uncanceled affidavits of registration
transferred pursuant to this section. The disposal of any uncanceled
affidavits shall be performed in a manner that does not compromise
the security or confidentiality of the voter information contained
therein. Any medium utilized by the county elections official shall
meet the minimum standards, guidelines, or both, as recommended by
the American National Standards Institute or the Association of
Information and Image Management. For purposes of this section, a
duplicate copy of an affidavit of registration shall be deemed an
original.

2203. (a) Cancellation is made by writing or stamping on the
affidavit of registration the word "canceled," the reason the
affidavit was canceled, and the date of cancellation.
(b) Whenever a voter transfers his or her registration from one
precinct to another precinct in the same county, or reregisters in
another precinct in the same county as shown by the new affidavit of
registration, the county elections official shall immediately cancel
the affidavit of registration from the precinct in which the voter
was first registered, and shall remove the affidavit from the file of
uncanceled affidavits.
(c) Except as provided in Section 2119, whenever a voter removes
from one county to another county and registers in the latter county,
the county elections official of the county in which he or she was
first registered, upon being informed of his or her removal either by
the voter personally or by receipt of a notice of reregistration
under Section 2118, shall likewise cancel his or her registration and
remove the affidavit of registration in that county.
(d) The county elections official in distributing to each precinct
the three indexes of registration, as required by Section 2189,
shall cross out of those indexes the names of all voters whose
affidavits of registration from the precinct have been canceled.

2204. Notwithstanding any other provision of law, whenever a voter
changes his or her residence within the same precinct, the voter's
affidavit of registration shall not be cancelled. Whenever notified
by the voter, the elections official shall change the voter's
affidavit of registration to reflect the new residence address within
the same precinct.

2205. The local registrar of births and deaths shall notify the
county elections official not later than the 15th day of each month
of all deceased persons 18 years of age and over, whose deaths were
registered with him or her or of whose deaths he or she was notified
by the state registrar of vital statistics during the preceding
month. This notification shall include at least the name, sex, age,
birthplace, birthdate, place of residence, date and place of death of
each decedent.
The county elections official shall cancel the affidavit of
registration of each deceased voter.

2205. The local registrar of births and deaths shall notify the
county elections official not later than the 15th day of each month
of all deceased persons 17 years of age and over, whose deaths were
registered with him or her or of whose deaths he or she was notified
by the State Registrar of Vital Statistics during the preceding
month. This notification shall include at least the name, sex, age,
birthplace, birth date, place of residence, and date and place of
death of each decedent.
The county elections official shall cancel the affidavit of
registration of the deceased voter.

2206. The Secretary of State shall adopt regulations to facilitate
the availability of death statistics from the State Department of
Health Services. The data shall be used by county elections officials
in canceling the affidavit of registration of deceased persons.

2208. (a) A person shall be deemed mentally incompetent, and
therefore disqualified from voting, if, during the course of any of
the proceedings set forth below, the court finds that the person is
not capable of completing an affidavit of voter registration in
accordance with Section 2150 and any of the following apply:
(1) A conservator for the person or the person and estate is
appointed pursuant to Division 4 (commencing with Section 1400) of
the Probate Code.
(2) A conservator for the person or the person and estate is
appointed pursuant to Chapter 3 (commencing with Section 5350) of
Part 1 of Division 5 of the Welfare and Institutions Code.
(3) A conservator is appointed for the person pursuant to
proceedings initiated under Section 5352.5 of the Welfare and
Institutions Code, the person has been found not competent to stand
trial, and the person's trial or judgment has been suspended pursuant
to Section 1370 of the Penal Code.
(4) A person has plead not guilty by reason of insanity, has been
found to be not guilty pursuant to Section 1026 of the Penal Code,
and is deemed to be gravely disabled at the time of judgment as
defined in paragraph (2) of subdivision (h) of Section 5008 of the
Welfare and Institutions Code.
(b) If the proceeding under the Welfare and Institutions Code is
heard by a jury, the jury shall unanimously find that the person is
not capable of completing an affidavit of voter registration before
the person shall be disqualified from voting.
(c) Whenever an order establishing a conservatorship is made and
in connection with the order it is found that the person is not
capable of completing an affidavit of voter registration, the court
shall forward the order and determination to the county elections
official of the person's county of residence.

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 completing an affidavit of voter registration in
accordance with Section 2150.
(b) If the person had been disqualified from voting by reason of
being incapable of completing an affidavit of voter registration, the
court investigator shall determine whether the person has become
capable of completing the affidavit, and, the investigator shall so
inform the court.
If the investigator finds that the person is capable of completing
the affidavit, the court shall hold a hearing to determine whether
the person is in fact capable of completing the affidavit. If the
person is found to be capable of completing the affidavit, the person'
s right to register to vote shall be restored and the court shall so
notify the county elections official.
(c) If the person had not been found to be incapable of completing
an affidavit of voter registration, and, the court investigator
determines that the person is no longer capable of completing the
affidavit, the investigator shall so notify the court. The court
shall hold a hearing to determine whether the person is capable of
completing an affidavit of voter registration, and, if the court
determines that the person is not so able, the court shall order the
person to be disqualified from voting and the court will so notify
the county elections official.

2210. (a) If the person or the person and estate is under a
conservatorship established pursuant to Chapter 3 (commencing with
Section 5350) of Part 1 of Division 5 of the Welfare and Institutions
Code, the person may contest his or her disqualification from voting
pursuant to the procedure set forth in Section 5358.3 of the Welfare
and Institutions Code.
(b) When the conservatorship described in subdivision (a)
terminates after one year, the person's right to register to vote
shall also be automatically restored and notification to the
appropriate county elections official shall be made. If a petition is
filed for the reappointment of the conservator, a new determination
shall be made as to whether the person should be disqualified from
voting.
(c) If the right to vote is restored pursuant to Section 5358.3 of
the Welfare and Institutions Code or if the conservatorship is
terminated in a proceeding held pursuant to Section 5364 of the
Welfare and Institutions Code, the court shall notify the county
elections official of the person's county of residence that the
person's right to register to vote is restored.

2211. (a) Any person who (1) has plead not guilty by reason of
insanity and who has been found to be not guilty pursuant to Section
1026 of the Penal Code, (2) has been found incompetent to stand trial
and whose trial or judgment has been suspended pursuant to Section
1370 of the Penal Code, (3) has been convicted of a felony and who
was judicially determined to be a mentally disordered sex offender
pursuant to former Section 6300 of the Welfare and Institutions Code,
as repealed by Chapter 928 of the Statutes of 1981, or (4) has been
convicted of a felony and is being treated at a state hospital
pursuant to Section 2684 of the Penal Code shall be disqualified from
voting or registering to vote during that time that the person is
involuntarily confined, pursuant to a court order, in a public or
private facility.
(b) Upon the order of commitment to a treatment facility referred
to in subdivision (a), the court shall notify the elections official
of the county of residence of the person and order the person to be
disqualified from voting or registering to vote.
(c) If the person is later released from the public or private
treatment facility, the court shall notify the county elections
official of the county of residence of the person that the right of
the person to register to vote is restored.

2212. The clerk of the superior court of each county, on the basis
of the records of the court, shall furnish to the chief elections
official of the county, not less frequently than the first day of
April and the first day of September of each year, a statement
showing the names, addresses, and dates of birth of all persons who
have been convicted of felonies since the clerk's last report. The
elections official shall, during the first week of April and the
first week of September in each year, cancel the affidavits of
registration of those persons who are currently imprisoned or on
parole for the conviction of a felony. The clerk shall certify the
statement under the seal of the court.

2213. Any person may proceed by action in the superior court to
compel the county elections official to cancel any registration made
illegally or which should be canceled by reason of facts that have
occurred subsequent to the registration. If the voter whose
registration is sought to be canceled is not a party to the action,
the court may order him or her to be made a party defendant.
The county elections official and as many persons against whom
there are causes of action may be joined as defendants.