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 Secretary of State or the county elections official for any of the causes specified in this article.
Cancellation and Voter File MaintenanceGeneral Provisions
Section § 2200
Your voter registration in California is lifelong and remains active unless it is officially canceled by election officials for specific reasons outlined in the law.
voter registration permanent registration lifetime registration
Section § 2201
This law explains when and how a county elections official or the Secretary of State must cancel a person's voter registration. A voter's registration can be canceled if they request it, are declared mentally incompetent, are imprisoned for a felony, a court orders it, they die, register in another state, or are otherwise ineligible. If there is a plan to cancel someone's registration, officials must notify them in advance and offer a way to contest the action. Notices must be sent before cancellation for reasons like a move, prison sentence, or mental incapacity, and shortly after for death. Additionally, notifications should be in the preferred language if the county provides translated ballots.
The Secretary of State has to update certain committees on the implementation of related election laws and can stop updating once all necessary measures are achieved. This law is set to be inoperative by July 1, 2025, and repealed by January 1, 2026.
(a)CA Elections Code § 2201(a) The county elections official shall cancel the registration in the following cases:
(1)CA Elections Code § 2201(a)(1) At the signed, written request of the person registered.
(2)CA Elections Code § 2201(a)(2) When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211. The county elections office shall use only information provided by the Secretary of State pursuant to subdivision (d) of Section 2211.5 to cancel a voter registration for this reason.
(3)CA Elections Code § 2201(a)(3) Upon proof that the person is presently imprisoned for conviction of a felony. The county elections office shall
use only information provided by the Secretary of State pursuant to subdivision (d) of Section 2212, by a United States District Court, or by the Federal Bureau of Prisons to cancel a voter registration for this reason.
(4)CA Elections Code § 2201(a)(4) Upon the production of a certified copy of a judgment directing the cancellation to be made.
(5)CA Elections Code § 2201(a)(5) Upon the death of the person registered.
(6)CA Elections Code § 2201(a)(6) Pursuant to Article 2 (commencing with Section 2220).
(7)CA Elections Code § 2201(a)(7) Upon official notification that the voter is registered to vote in another state.
(8)CA Elections Code § 2201(a)(8) Upon proof that the person is otherwise ineligible to vote.
(b)CA Elections Code § 2201(b) The Secretary of State may cancel the registration in the following cases:
(1)CA Elections Code § 2201(b)(1) When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211.
(2)CA Elections Code § 2201(b)(2) Upon proof that the person is presently imprisoned for the conviction of a felony.
(3)CA Elections Code § 2201(b)(3) Upon the death of the person registered.
(c)Copy CA Elections Code § 2201(c)
(1)Copy CA Elections Code § 2201(c)(1) Between 15 and 30 days, inclusive, before canceling a person’s registration for the reasons specified in paragraphs (2), (3), or (6) of subdivision (a), the county elections official shall send a forwardable notice by first-class mail,
including a postage-paid and preaddressed return form, to the voter.
(A)CA Elections Code § 2201(c)(1)(A) The forwardable notice shall be provided in the person’s preferred language if the county is required to provide translated ballots in that language pursuant to Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).
(B)CA Elections Code § 2201(c)(1)(B) The notice shall include a statement substantially similar to the following:
“IMPORTANT NOTICE. Your voter registration record is scheduled to be canceled on [date]. This cancellation is due to information the [county name] County elections office has received indicating your ineligibility to vote in that county due to a change in residence,
prison commitment, or mental incapacity to vote pursuant to Sections 2208, 2209, 2210, or 2211 of the California Elections Code, as applicable.
If you believe this cancellation is in error, please notify our office within 15 days from the date of this notice either by returning the attached postage-paid postcard or by calling [county elections office phone number] toll free.
If we do not receive your response to this notice, you may be required to reregister to vote in the next election or to vote using a provisional ballot. You can find more information about voter eligibility rules on the Secretary of
State’s internet website at [URL] or voter hotline at [phone numbers]. You can also check your current registration status at [URL].”
(2)CA Elections Code § 2201(2) The preaddressed return form described in paragraph (1) shall include all of the following:
(A)CA Elections Code § 2201(2)(A) Space for the voter to provide their current place of residence.
(B)CA Elections Code § 2201(2)(B) Space for the voter to provide their current mailing address, if different from the place of residence.
(C)CA Elections Code § 2201(2)(C) A box next to a statement substantially similar to the following: “The cancellation of my voter record is in error because I have not been deemed mentally incompetent to vote by a court of law and I am not currently serving a state or federal prison term. Additionally,
if I have moved, I have provided my new residential address on this form.”
(D)CA Elections Code § 2201(2)(D) Space for the voter to provide their signature and the date.
(3)CA Elections Code § 2201(3) The elections official may send additional written notices to a voter, and may also notify the voter in person, by telephone or email, or by other means of the planned registration cancellation.
(d)Copy CA Elections Code § 2201(d)
(1)Copy CA Elections Code § 2201(d)(1) Within 15 days before or after cancellation of a voter’s registration for the reason specified in paragraph (5) of subdivision (a), the county elections official shall send a forwardable notice by first-class mail, including a postage-paid and preaddressed return form, to the voter, to enable the voter to verify or correct their voter registration cancellation.
(A)CA Elections Code § 2201(d)(1)(A) The forwardable notice shall be provided in the person’s preferred language if the county is required to provide translated ballots in that language pursuant to Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).
(B)CA Elections Code § 2201(d)(1)(B) The notice shall include a statement substantially similar to the following:
“IMPORTANT NOTICE. Your voter registration record was canceled on [date]. This cancellation is due to information the [county name] County elections office has received indicating your ineligibility to vote in that county due to death, pursuant to the California Elections Code, as applicable.
If you believe this cancellation is in error, please notify our office within 15 days
from the date of this notice either by returning the attached postage-paid postcard or by calling [county elections office phone number] toll free.
If we do not receive your response to this notice, you may be required to reregister to vote in the next election or to vote using a provisional ballot. You can find more information about voter eligibility rules on the Secretary of State’s internet website at [URL] or voter hotline at [phone numbers]. You can also check your current registration status at [URL].”
(2)CA Elections Code § 2201(2) The preaddressed return form described in paragraph (1) shall include all of the following:
(A)CA Elections Code § 2201(2)(A) Space for the voter to provide their current place of residence.
(B)CA Elections Code § 2201(2)(B) Space for the voter to provide their current mailing address, if different from the place of residence.
(C)CA Elections Code § 2201(2)(C) A box next to a statement substantially similar to the following: “The cancellation of my voter record is in error because I have not died. Additionally, if I have moved, I have provided my new residential address on this form.”
(D)CA Elections Code § 2201(2)(D) Space for the voter to provide their signature and the date.
(3)CA Elections Code § 2201(3) The elections official may send additional notices to a voter, and may also notify the voter in person, by telephone or email, or by other means of the planned registration cancellation.
(e)Copy CA Elections Code § 2201(e)
(1)Copy CA Elections Code § 2201(e)(1) The Secretary of State shall submit an
update on January 1, 2025, and on the first of each month thereafter, detailing its efforts and progress in fully implementing and achieving compliance with Sections 2208, 2209, 2210, 2211, 2211.5, and 2214 to all of the following committees:
(A)CA Elections Code § 2201(e)(1)(A) The Assembly Committee on Elections.
(B)CA Elections Code § 2201(e)(1)(B) The Senate Committee on Elections and Constitutional Amendments.
(C)CA Elections Code § 2201(e)(1)(C) The relevant subcommittee of the Assembly Committee on Budget.
(D)CA Elections Code § 2201(e)(1)(D) The relevant subcommittee of the Senate Committee on Budget and Fiscal Review.
(E)CA Elections Code § 2201(e)(1)(E) The Joint Committee on Legislative Audit.
(2)CA Elections Code § 2201(e)(2) The Secretary of State shall not be required to submit the
update required pursuant to paragraph (1) after the Secretary of State certifies to the committees described in paragraph (1) that it has taken all steps necessary to fully implement and administer Sections 2208, 2209, 2210, 2211, 2211.5, and 2214.
(f)CA Elections Code § 2201(f) This section shall become inoperative on July 1, 2025, and, as of January 1, 2026, is repealed.
voter registration cancellation mental incompetency felony imprisonment
Section § 2201
This law outlines the conditions under which a county elections official can cancel a person's voter registration. It includes cases like when a person requests it in writing, is mentally incompetent, is imprisoned for a felony, dies, or is found ineligible for other reasons. The Secretary of State can also cancel registrations in similar cases.
Before canceling registration for mental incompetency, imprisonment, death, or ineligibility due to other issues, the official must notify the voter 15-30 days in advance using a mailed notice. This notice allows the voter to respond if they believe there is an error, such as incorrect information about their eligibility. The law is set to take effect on July 1, 2025.
(a)CA Elections Code § 2201(a) The county elections official shall cancel the registration in the following cases:
(1)CA Elections Code § 2201(a)(1) At the signed, written request of the person registered.
(2)CA Elections Code § 2201(a)(2) When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211. The county elections office shall use only information provided by the Secretary of State pursuant to subdivision (d) of Section 2211.5 to cancel a voter registration for this reason.
(3)CA Elections Code § 2201(a)(3) Upon proof that the person is presently imprisoned for conviction of a felony. The
county elections office shall use only information provided by the Secretary of State pursuant to subdivision (d) of Section 2212, by a United States District Court, or by the Federal Bureau of Prisons to cancel a voter registration for this reason.
(4)CA Elections Code § 2201(a)(4) Upon the production of a certified copy of a judgment directing the cancellation to be made.
(5)CA Elections Code § 2201(a)(5) Upon the death of the person registered.
(6)CA Elections Code § 2201(a)(6) Pursuant to Article 2 (commencing with Section 2220).
(7)CA Elections Code § 2201(a)(7) Upon official notification that the voter is registered to vote in another state.
(8)CA Elections Code § 2201(a)(8) Upon proof that the person is otherwise ineligible to vote.
(b)CA Elections Code § 2201(b) The Secretary of State may cancel the registration in the following cases:
(1)CA Elections Code § 2201(b)(1) When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211.
(2)CA Elections Code § 2201(b)(2) Upon proof that the person is presently imprisoned for the conviction of a felony.
(3)CA Elections Code § 2201(b)(3) Upon the death of the person registered.
(c)Copy CA Elections Code § 2201(c)
(1)Copy CA Elections Code § 2201(c)(1) Between 15 and 30 days, inclusive, before canceling a person’s registration for the reasons specified in paragraph (2), (3), (5), or (6) of subdivision (a), the county elections official shall send a forwardable notice by
first-class mail, including a postage-paid and preaddressed return form, to the voter.
(A)CA Elections Code § 2201(c)(1)(A) The forwardable notice shall be provided in the person’s preferred language if the county is required to provide translated ballots in that language pursuant to Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).
(B)CA Elections Code § 2201(c)(1)(B) The notice shall include a statement substantially similar to the following:
“IMPORTANT NOTICE. Your voter registration record is scheduled to be canceled on [date]. This cancellation is due to information the [county name] County elections office has received indicating your ineligibility to vote in that county due to a change of residence, death, prison commitment or mental incapacity to vote pursuant to
Sections 2208, 2209, 2210, or 2211 of the California Elections Code, as applicable.
If you believe this cancellation is in error, please notify our office within 15 days from the date of this notice either by returning the attached postage-paid postcard or by calling [county elections office phone number] toll free.
If we do not receive your response to this notice, you may be required to reregister to vote in the next election or to vote using a provisional ballot. You can find more information about voter eligibility rules on the Secretary of State’s internet website at [URL] or voter hotline at [phone numbers]. You can also check your current registration status at [URL].”
(2)CA Elections Code § 2201(2) The preaddressed return form described in paragraph (1) shall include all of the
following:
(A)CA Elections Code § 2201(2)(A) Space for the voter to provide their current place of residence.
(B)CA Elections Code § 2201(2)(B) Space for the voter to provide their current mailing address, if different from the place of residence.
(C)CA Elections Code § 2201(2)(C) A box next to a statement substantially similar to the following: “The cancellation of my voter record is in error because I have not been deemed mentally incompetent to vote by a court of law, I am not currently serving a state or federal prison term, and I have not died. Additionally, if I have moved, I have provided my new residential address on this form.”
(D)CA Elections Code § 2201(2)(D) Space for the voter to provide their signature and the date.
(3)CA Elections Code § 2201(3) The elections official may send additional written notices to a voter, and may also notify the voter in person, by telephone or email, or by other means of the planned registration cancellation.
(d)CA Elections Code § 2201(d) This section shall become operative on July 1, 2025.
voter registration cancellation county elections official mentally incompetent
Section § 2202
This California law requires county elections officials to keep all original voter registration documents in a secure way that keeps voter information confidential. Instead of keeping paper copies, officials can use microfilm or digital formats if these formats can't be altered. If they choose digital formats, they must ensure voter information remains confidential and secure. After transferring to digital formats, the originals can be disposed of, but in a way that maintains security and confidentiality. The Secretary of State can set regulations to manage this process.
(a)CA Elections Code § 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 2183) of Chapter 2.
(b)CA Elections Code § 2202(b) In lieu of maintaining uncanceled affidavits of registration, the county elections official may 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. For purposes of this section, a duplicate copy of an affidavit of registration shall be deemed an original. The Secretary of State may adopt appropriate regulations for the purpose of this section.
voter registration preservation confidential voter information digital affidavits
Section § 2205
Every month, local registrars must inform county elections officials about people aged 16 and over who have passed away. This report should include details like the deceased person's name, age, and other vital stats. The county elections official will then remove the deceased person's voter registration.
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 16 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.
deceased persons notification voter registration cancellation registrar of births and deaths
Section § 2206
This law requires the Secretary of State to create rules that make it easier to access death records from the State Department of Health Services. This information is used by the Secretary of State or county elections officials to remove deceased individuals from the voter registration lists.
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 the Secretary of State or county elections officials in canceling the affidavit of registration of deceased persons.
death statistics voter registration cancellation Secretary of State regulations
Section § 2208
This law says that individuals are generally assumed to be competent to vote, even if they have a conservatorship. However, someone can be disqualified from voting if a court determines they cannot express a wish to vote, even with help. This decision must be based on strong evidence shown in specific legal scenarios like appointing a conservator, finding someone unfit for trial, or pleading insanity. It also emphasizes that needing assistance to register to vote, like using a signature stamp or help from others, does not disqualify someone from voting. This rule will be effective starting January 1, 2024.
(a)CA Elections Code § 2208(a) A person is presumed competent to vote regardless of the person’s conservatorship status. 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 by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process, and any of the following apply:
(1)CA Elections Code § 2208(a)(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)CA Elections Code § 2208(a)(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)CA Elections Code § 2208(a)(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)CA Elections Code § 2208(a)(4) A person has pleaded 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)CA Elections Code § 2208(b) If the proceeding under the Welfare and Institutions Code is heard by a jury, the jury shall unanimously find by clear and
convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process before the person shall be disqualified from voting.
(c)CA Elections Code § 2208(c) If an order establishing a conservatorship is made and in connection with the order it is found by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process, the court shall provide notice to the Secretary of State pursuant to Section 2211.5.
(d)CA Elections Code § 2208(d) A person shall not be disqualified from voting pursuant to this section on the basis that the person does, or would need to do, any of the following to complete an affidavit of voter registration:
(1)CA Elections Code § 2208(d)(1) Signs the affidavit of voter registration with a mark or a cross pursuant to
subdivision (b) of Section 2150.
(2)CA Elections Code § 2208(d)(2) Signs the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5.
(3)CA Elections Code § 2208(d)(3) Completes the affidavit of voter registration with the assistance of another person pursuant to subdivision (d) of Section 2150.
(4)CA Elections Code § 2208(d)(4) Completes the affidavit of voter registration with reasonable accommodations.
(e)CA Elections Code § 2208(e) This section shall become operative on January 1, 2024.
voter competency conservatorship voting rights mental incompetence
Section § 2209
This law sets out the process for determining whether a person under a conservatorship can participate in voting. During regular reviews of the conservatorship, a court investigator checks if the person can communicate their desire to vote, even with help, and whether they can complete voter registration. If the person has been previously disqualified from voting due to communication issues, the investigator decides if those issues persist. If they do, no court hearing is needed, but if not, the court holds a hearing to decide if the person can express their desire to vote. If the person is found capable, their voting rights should be restored. If someone not previously found incapable of voting but is now unable to communicate that desire, the court will hold a hearing. If they cannot communicate their desire to vote, the court will disqualify them from voting. These procedures become effective January 1, 2024.
(a)CA Elections Code § 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)CA Elections Code § 2209(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 provide notice to the Secretary of State pursuant to Section 2211.5.
(c)CA Elections Code § 2209(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 provide notice to the Secretary of State pursuant to Section 2211.5.
(d)CA Elections Code § 2209(d) This section shall become operative on January 1, 2024.
conservatorship voting rights court investigator annual review
Section § 2210
This law states that a person under a conservatorship due to mental health reasons can challenge if they're disqualified from voting by following a certain procedure. If their conservatorship ends after a year, they automatically get their voting rights back, and the court has to inform the Secretary of State. If someone applies to extend the conservatorship, a new decision is needed on their voting eligibility. The law also highlights that if voting rights are restored during a court proceeding, the Secretary of State must be notified. This section applies from January 1, 2024.
(a)CA Elections Code § 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 their disqualification from voting pursuant to the procedure set forth in Section 5358.3 of the Welfare and Institutions Code.
(b)CA Elections Code § 2210(b) When the conservatorship described in subdivision (a) terminates after one year, the person’s right to register to vote shall be automatically restored and the court shall provide notice to the Secretary of State pursuant to Section 2211.5. 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)CA Elections Code § 2210(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 provide notice to the Secretary of State pursuant to Section 2211.5.
(d)CA Elections Code § 2210(d) This section shall become operative on January 1, 2024.
conservatorship voting rights disqualification contest
Section § 2211
This California law details circumstances under which certain individuals are not allowed to vote. It applies to people found not guilty by reason of insanity, those found incompetent to stand trial, individuals judged as mentally disordered sex offenders, or those convicted of a felony undergoing treatment in a state hospital. If they are involuntarily confined in a facility, they cannot register or vote. The court must notify the Secretary of State when such a person is committed or released from a treatment facility. This law takes effect from January 1, 2024.
(a)CA Elections Code § 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)CA Elections Code § 2211(b) Upon the order of commitment to a treatment facility referred to in subdivision (a), the court shall provide notice to the Secretary of State pursuant to Section 2211.5.
(c)CA Elections Code § 2211(c) If the person is later released from the public or private treatment facility, the court shall provide notice to the Secretary of State pursuant to Section 2211.5.
(d)CA Elections Code § 2211(d) This section shall become operative on January 1, 2024.
voter disqualification not guilty by insanity incompetent to stand trial
Section § 2211.5
This law requires each county's superior court clerk to inform the Secretary of State about any court findings relating to a person's voting competency by the start of every month. The information shared must include details on voting competency and number of relevant court proceedings.
The Judicial Council will create rules and forms to standardize these notifications. These forms must collect specific data, such as full names, birth date, last known address, and social security number for individuals affected by these court decisions.
If the Secretary of State notices any missing information on these forms, they inform the court clerk. Once complete information is received, the Secretary of State matches records with the voter database and updates the relevant county elections officials within 3 days.
County elections officials must either cancel voter registration for individuals disqualified from voting or notify individuals whose voting rights have been restored, including how to re-register if necessary.
Elections officials are protected from liability if they act on incorrect information from the Secretary of State. If someone mistakenly receives a voting notice and attempts to vote, they are not guilty of fraud unless they knowingly vote illegally. This law becomes effective on January 1, 2024.
(a)CA Elections Code § 2211.5(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)CA Elections Code § 2211.5(a)(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)CA Elections Code § 2211.5(a)(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)CA Elections Code § 2211.5(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)CA Elections Code § 2211.5(b)(1) Personal identification information for the affected person, including all of the following:
(A)CA Elections Code § 2211.5(b)(1)(A) All known first names.
(B)CA Elections Code § 2211.5(b)(1)(B) All known last names.
(C)CA Elections Code § 2211.5(b)(1)(C) All known middle names.
(D)CA Elections Code § 2211.5(b)(1)(D) All known name suffixes.
(E)CA Elections Code § 2211.5(b)(1)(E) Last
known address.
(F)CA Elections Code § 2211.5(b)(1)(F) Date of birth.
(G)CA Elections Code § 2211.5(b)(1)(G) Last four digits of the person’s social security number, if available.
(H)CA Elections Code § 2211.5(b)(1)(H) Driver’s license or state-issued identification number, if available.
(2)CA Elections Code § 2211.5(b)(2) The court case number.
(3)CA Elections Code § 2211.5(b)(3) The date of the order affecting the individual’s voting rights.
(4)CA Elections Code § 2211.5(b)(4) Whether the court’s order is made pursuant to Section 2208, 2209, 2210, or 2211.
(5)CA Elections Code § 2211.5(b)(5) Whether the legal effect of the court’s order is a disqualification or a restoration of the right to vote.
(6)CA Elections Code § 2211.5(b)(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)CA Elections Code § 2211.5(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)CA Elections Code § 2211.5(d) Upon receipt of all of the required information described in subdivision (b), the Secretary of State shall do both of the following:
(1)CA Elections Code § 2211.5(d)(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)CA Elections Code § 2211.5(d)(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)CA Elections Code § 2211.5(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)CA Elections Code § 2211.5(e)(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)Copy CA Elections Code § 2211.5(e)(2)
(A)Copy CA Elections Code § 2211.5(e)(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)CA Elections Code § 2211.5(e)(2)(A)(B) The Secretary of State shall prepare a form that county elections officials shall use to provide the notice described in subparagraph (A).
(f)CA Elections Code § 2211.5(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)CA Elections Code § 2211.5(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)CA Elections Code § 2211.5(h) This section shall become operative on January 1, 2024.
voting competency court findings Secretary of State notification
Section § 2212
This section deals with the Department of Corrections and Rehabilitation sharing weekly information about people convicted of felonies, both in prison and on parole, with the Secretary of State. The information includes names, birth date, partial Social Security number, and driver's license number. The Secretary of State then checks this data against voter registration databases to ensure accuracy.
If someone is still in prison, their voter registration is canceled. However, people who are released are notified that their voting rights are restored, and they're given instructions on how to register. If incorrect information is shared, county officials are not held responsible. People who mistakenly receive voting rights notifications and vote won't be charged with fraud unless they knowingly act unlawfully.
(a)CA Elections Code § 2212(a) For purposes of this section, the following definitions apply:
(1)CA Elections Code § 2212(a)(1) “Conviction” has the same meaning as set forth in Section 2101.
(2)CA Elections Code § 2212(a)(2) “Department” means the Department of Corrections and Rehabilitation.
(3)CA Elections Code § 2212(a)(3) “Imprisoned” has the same meaning as set forth in Section 2101.
(4)CA Elections Code § 2212(a)(4) “Parole” means a term of supervision by the department.
(5)CA Elections Code § 2212(a)(5) “Statewide voter database” means the statewide voter registration database
developed in compliance with the requirements of the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.).
(b)CA Elections Code § 2212(b) The department shall provide to the Secretary of State, on a weekly basis and in a format prescribed by the Secretary of State, the identification information described in subdivision (c) for all of the following persons:
(1)CA Elections Code § 2212(b)(1) Persons imprisoned for the conviction of a felony and under the jurisdiction of the department. To the extent available, identification information provided by the department regarding these persons shall include the date on which each person’s term of imprisonment began.
(2)CA Elections Code § 2212(b)(2) Persons on parole or persons released from imprisonment for the conviction of a felony
and no longer under the jurisdiction of the department. To the extent available, identification information provided by the department regarding these persons shall include the dates on which each person’s parole began and on which the person was discharged from the jurisdiction of the department.
(c)CA Elections Code § 2212(c) Personal identification information for the purposes of subdivision (b) includes all of the following:
(1)CA Elections Code § 2212(c)(1) All known first names.
(2)CA Elections Code § 2212(c)(2) All known last names.
(3)CA Elections Code § 2212(c)(3) All known middle names.
(4)CA Elections Code § 2212(c)(4) All known name suffixes.
(5)CA Elections Code § 2212(c)(5) Last known address.
(6)CA Elections Code § 2212(c)(6) Date of birth.
(7)CA Elections Code § 2212(c)(7) Last four digits of the person’s social security number, if available.
(8)CA Elections Code § 2212(c)(8) Driver’s license or state-issued identification number, if available.
(d)CA Elections Code § 2212(d) Upon receipt of the information described in subdivision (b), the Secretary of State shall do all the following:
(1)CA Elections Code § 2212(d)(1) Identify any registration record in the statewide voter database that contains personal identifying information that, for each of the unique identifiers described in subdivision (c), as available, matches information pertaining to the person described in subdivision (b).
(2)CA Elections Code § 2212(d)(2) For any matched records described in paragraph (1), provide the information described in subdivision (b) and the corresponding unique identifier or identifiers used in the statewide voter database to county elections officials within three days of receipt of the information from the department.
(e)CA Elections Code § 2212(e) Upon receipt of information from the Secretary of State pursuant to subdivision (d), a county elections official shall do all of the following:
(1)CA Elections Code § 2212(e)(1) Cancel the affidavit of registration of any person described in paragraph (1) of subdivision (b) whose registration information matches the unique identifier or identifiers used in the statewide voter database provided by the Secretary of State to the county.
(2)CA Elections Code § 2212(e)(2) Using the form prepared by the Secretary of State pursuant to subdivision (f), notify a person described in paragraph (2) of subdivision (b), and whose last known address is within the county based on the unique identifier or identifiers used in the statewide voter database provided by the Secretary of State to the county, that the person’s voting rights are restored and advise the person that if the person is otherwise entitled to register to vote, the person may register to vote. The county elections official shall also provide the person with information regarding the procedure for registering to vote.
(f)CA Elections Code § 2212(f) The Secretary of State shall prepare a form to be used by county elections officials to provide the notice described in paragraph (2) of subdivision (e).
(g)CA Elections Code § 2212(g) 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 have received erroneous information from the Secretary of State or the department.
(h)CA Elections Code § 2212(h) 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 entitled to
vote.
felony conviction voter registration voting rights restoration
Section § 2213
This law allows anyone to go to the superior court to force the local elections official to cancel a voter registration that was made illegally or should be canceled due to new facts. If the voter in question isn't already involved in the case, the court can require them to be part of it.
You can also include the elections official and anyone with relevant cases against them as defendants in this legal action.
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.
voter registration cancellation illegal voter registration superior court action
Section § 2214
This law requires the Secretary of State in California to post a monthly report on their website showing how many voting rights have been taken away or restored, based on specific criteria, for each county. This includes details about related legal proceedings in each county.
The Secretary of State, in collaboration with the Judicial Council, is also tasked with creating an online training program. This program will educate court officials and county election officials on their responsibilities, legal standards, duties of court investigators, and reporting obligations regarding voting rights.
Officials are required to complete this training at least once a year, and their completion will be tracked through a web-based platform. All of these requirements take effect starting January 1, 2024.
(a)CA Elections Code § 2214(a) Each month, the Secretary of State shall post on its internet website a report showing, for the preceding period, the number of voting rights disqualifications and the number of voting rights restorations pursuant to each of Sections 2208 through 2212, as applicable, that were ordered within each county and the number of proceedings specified in paragraphs (1) through (4) of subdivision (a) of Section 2208 that occurred within each county.
(b)CA Elections Code § 2214(b) In consultation with the Judicial Council, the Secretary of State shall prepare and deliver a training via a remote web-based learning platform that is accessible through the Secretary of State’s internet website. The
training shall contain information about the responsibilities of superior courts and county elections officials, as specified in this chapter, and information about the legal standards for voting rights disqualification, the duties of court investigators, and the reporting requirements for courts related to voting rights disqualification and restoration.
(c)CA Elections Code § 2214(c) At least annually, each court executive officer and each county elections official shall complete the training described in subdivision (b). The trainings completed by court executive officers and county elections officials shall be tracked through the remote web-based learning platform provided by the Secretary of State.
(d)CA Elections Code § 2214(d) This section shall become operative on January
1, 2024.
voting rights disqualifications voting rights restorations monthly report
