Chapter 3.2Address Confidentiality for Reproductive Health Care Service Providers, Employees, Volunteers, Patients, and Other Individuals Who Face Threats or Violence Because of Work for a Public Entity

Section § 6215

Explanation

This law recognizes that people working in fields related to reproductive health care and certain public service positions face harassment, threats, and violence due to their work. For instance, reproductive health care providers are targeted by those who oppose reproductive rights, leading to violence both at work and at home. Similarly, public servants like election workers also face increased threats, especially since the COVID-19 pandemic, impacting their safety and job stability.

The statute aims to protect these individuals by keeping their home addresses confidential, preventing potential violence and ensuring their personal safety. The law extends privacy protections, similar to those in address confidentiality programs, to these at-risk individuals. This helps state and local agencies handle public records requests without compromising the safety of these workers.

The Legislature finds and declares the following:
(a)CA Government Code § 6215(a) Persons working in the reproductive health care field, specifically the provision of terminating a pregnancy, are often subject to harassment, threats, and acts of violence by persons or groups.
(1)CA Government Code § 6215(a)(1) In 2000, 30 percent of respondents to a Senate Office of Research survey of 172 California reproductive health care providers reported they or their families had been targets of acts of violence by groups that oppose reproductive rights at locations away from their clinics or offices.
(2)CA Government Code § 6215(a)(2) Persons and groups that oppose reproductive rights attempt to stop the provision of legal reproductive health care services by threatening reproductive health care service providers, clinics, employees, volunteers, and patients. The names, photographs, spouses’ names, and home addresses of these providers, employees, volunteers, and patients have been posted on Internet Web sites. From one website list that includes personal information of reproductive health care service providers, seven persons have been murdered and 14 have been injured. As of August 5, 2002, there are 78 Californians listed on this site. The threat of violence toward reproductive health care service providers and those who assist them has clearly extended beyond the clinic and into the home.
(3)CA Government Code § 6215(a)(3) Nationally, between 1992 and 1996, the number of reproductive health care service providers declined by 14 percent. Nearly one out of every four women must travel more than 50 miles to obtain reproductive health care services dealing with the termination of a pregnancy. There exists a fear on the part of physicians to enter the reproductive health care field and to provide reproductive health care services.
(4)CA Government Code § 6215(a)(4) Reproductive health care services are legal medical procedures. In order to prevent potential acts of violence from being committed against providers, employees, and volunteers who assist in the provision of reproductive health care services and the patients seeking those services, it is necessary for the Legislature to ensure that the home address information of these individuals is kept confidential.
(b)CA Government Code § 6215(b) Other individuals are also subject to harassment, threats, and acts of violence from the public because of their work with the public, which have become more frequent and serious since the start of the COVID-19 pandemic. They include, but are not limited to, public health officers and public health workers, election workers, school board members, and code enforcement officers.
(1)CA Government Code § 6215(b)(1) For example, persons working in the elections field are often subject to harassment, threats, and acts of violence by persons or groups. Violent threats and harassment of election workers reached alarming levels in the 2020 general election and continued into 2021. A survey of election officials in 2021 found that one in three election officials feel unsafe because of their job, and nearly one in five listed threats to their lives as a job-related concern.
(2)CA Government Code § 6215(b)(2) The names, photographs, and home addresses of these public servants have been posted on internet websites. While performing election-related duties, election officials were subjected to explicit death threats, anger-laden language and demoralizing behavior, statements that threatened their own and their family’s safety and well-being, and statements that interfered with their ability to do their job. The threat of violence toward election workers has extended beyond the polling place and into the home.
(3)CA Government Code § 6215(b)(3) Experts predict a massive departure from the profession of election administration if protective measures are not implemented. In California, 15 percent of election officials have retired since the 2020 election. Elections play a vital role in a free and fair society and are a cornerstone of American democracy, but those charged with administrating elections are increasingly subjected to violent threats, harassment, and intimidation. In order to prevent acts of violence from being committed against employees who assist in the administration of elections, it is necessary for the Legislature to ensure that the home addresses of these individuals are kept confidential.
(4)CA Government Code § 6215(b)(4) While many of these individuals wish to protect the confidentiality of their home addresses by means of address confidentiality programs operated by the Secretary of State, they may not be eligible to do so under current law. It is the intent of the Legislature in this chapter to offer address protection services to persons whose work for a public entity exposes them to violent threats, harassment, and intimidation from the public that are equivalent to what is experienced by those now eligible for the address confidentiality program pursuant to this chapter.
(c)CA Government Code § 6215(c) The purpose of this chapter is to enable state and local agencies to respond to requests for public records without disclosing the residential location of a reproductive health care services provider, employee, volunteer, or patient, or other individual who faces threats of violence or violence from the public because of their work for a public entity, to enable interagency cooperation with the Secretary of State in providing address confidentiality for program participants, and to enable state and local agencies to accept a program participant’s use of an address designated by the Secretary of State as a substitute mailing address.
reproductive health care field harassment threats of violence confidential home address address confidentiality program reproductive rights opposition public servants election workers COVID-19 impact safety and job stability program participants public records requests interagency cooperation violence prevention privacy protection
(Amended by Stats. 2022, Ch. 554, Sec. 6. (SB 1131) Effective September 26, 2022.)

Section § 6215.1

Explanation

This section explains important definitions for terms used throughout the chapter. It tells us that an 'address' can mean a person's residential, school, or work address as listed on their program application. 'Domicile' refers to a person's place of residence as defined by the Elections Code. 'Reproductive health care services' refer to services related to ending a pregnancy provided in specific healthcare facilities. A 'reproductive health care services provider, employee, volunteer, or patient' is anyone involved in providing or assisting with these services. Lastly, 'reproductive health care services facility' includes places like hospitals and clinics where these services are offered.

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(a)CA Government Code § 6215.1(a) “Address” means a residential street address, school address, or work address of an individual, as specified on the individual’s application to be a program participant under this chapter.
(b)CA Government Code § 6215.1(b) “Domicile” means a place of habitation as defined in Section 349 of the Elections Code.
(c)CA Government Code § 6215.1(c) “Reproductive health care services” means health care services relating to the termination of a pregnancy in a reproductive health care services facility.
(d)CA Government Code § 6215.1(d) “Reproductive health care services provider, employee, volunteer, or patient” means a person who obtains, provides, or assists, at the request of another person, in obtaining or providing reproductive health care services, or a person who owns or operates a reproductive health care services facility.
(e)CA Government Code § 6215.1(e) “Reproductive health care services facility” includes a hospital, an office operated by a licensed physician and surgeon, a licensed clinic, or other licensed health care facility that provides reproductive health care services and includes only the building or structure in which the reproductive health care services are actually provided.
address definition domicile definition reproductive health care termination of pregnancy health care facilities program participant service providers volunteers patients health care facility licensing Elections Code service location participant application
(Amended by Stats. 2012, Ch. 270, Sec. 6. (SB 1082) Effective January 1, 2013.)

Section § 6215.10

Explanation

This law makes it illegal for anyone to publicly post or display the home address of a person who is part of a protection program, such as victims of domestic violence, if they have requested in writing not to have their address shared. It also prohibits posting their address online if the intent is to cause or threaten imminent harm to them, or their family members.

However, this rule does not apply to internet service providers or software providers unless they are trying to help cause or threaten such harm.

(a)CA Government Code § 6215.10(a) A person, business, or association shall not publicly post or publicly display on the Internet the home address of a program participant who has made a written demand of that person, business, or association to not disclose the home address of the program participant.
(b)CA Government Code § 6215.10(b) A person, business, or association shall not knowingly post the home address of a program participant, or of the program participant’s residing spouse or child, on the Internet knowing that person is a program participant and intending to cause imminent great bodily harm that is likely to occur or threatening to cause imminent great bodily harm to that individual.
(c)CA Government Code § 6215.10(c) This section shall not apply to an interactive computer service or access software provider, as defined in Section 230(f) of Title 47 of the United States Code, unless the service or provider intends to abet or cause imminent great bodily harm that is likely to occur or threatens to cause imminent great bodily harm to a program participant.
privacy protection home address confidentiality program participant domestic violence victim protection written demand publicly display knowingly post imminent harm internet privacy laws interactive computer service access software provider online harassment prevention abuse victim safety confidential information online family protection laws
(Added by Stats. 2016, Ch. 881, Sec. 2. (AB 2263) Effective January 1, 2017.)

Section § 6215.12

Explanation

The Secretary of State must notify certain program participants that they can use a designated address for real estate documents, like purchase and sale deeds, to protect their privacy. They are also allowed to create a revocable living trust to further shield their home address during property transactions. Additionally, participants can legally change their names to maintain anonymity.

This notice must also include contact information for organizations that can help with setting up a trust or changing a name, such as legal aid groups and county bar associations.

The Secretary of State shall provide each program participant a notice in clear and conspicuous font that contains all of the following information:
(a)CA Government Code § 6215.12(a) The program participant is authorized by law to request to use his or her address designated by the Secretary of State on real property deeds, change of ownership forms, and deeds of trust when purchasing or selling a home.
(b)CA Government Code § 6215.12(b) The program participant may create a revocable living trust and place his or her real property into the trust to protect his or her residential street address from disclosure in real property transactions.
(c)CA Government Code § 6215.12(c) The program participant may obtain a change of his or her legal name to protect his or her anonymity.
(d)CA Government Code § 6215.12(d) A list of contact information for entities that the program participant may contact to receive information on, or receive legal services for, the creation of a trust to hold real property or obtaining a name change, including county bar associations, legal aid societies, state and local agencies, or other nonprofit organizations that may be able to assist program participants.
address confidentiality real estate privacy revocable living trust name change for anonymity privacy in property transactions trust creation for privacy real property address protection designated address use legal services for trust name change legal services contact information for legal help
(Added by Stats. 2016, Ch. 881, Sec. 3. (AB 2263) Effective January 1, 2017.)

Section § 6215.2

Explanation

This California law lets people who fear for their safety due to their work at reproductive health care facilities or with public entities apply for a safe, confidential address through the Secretary of State. Eligible applicants include adults, and parents or guardians applying on behalf of minors or incapacitated persons. This is especially for those facing threats, harassment, or violence related to reproductive health services or their public entity work.

Applicants must personally meet with a counselor and document their employment or volunteerism. They need to provide proof of threats, harassment, or violence within the past year, such as statements or restraining orders. The Secretary of State acts as the agent for legal documents and mail, ensuring privacy and safety.

Applications for this program involve certain fees, though patients at reproductive facilities are exempt. Participants are certified for four years, except volunteers, who are certified until six months post-volunteering. False applications result in legal penalties. This law helps protect individuals by ensuring their confidential address cannot be disclosed, reducing their risk of violence.

(a)CA Government Code § 6215.2(a) An adult person, a parent or guardian acting on behalf of a minor, or a guardian acting on behalf of an incapacitated person, who is domiciled in California, may apply to the Secretary of State to have an address designated by the Secretary of State to serve as the person’s address or the address of the minor or incapacitated person. An application shall be completed in person at a community-based assistance program designated by the Secretary of State. The application process shall include a requirement that the applicant shall meet with a counselor and receive orientation information about the program. The Secretary of State shall approve an application if it is filed in the manner and on the form prescribed by the Secretary of State and if it contains all of the following:
(1)CA Government Code § 6215.2(a)(1) If the applicant alleges that the basis for the application is that the applicant, or the minor or incapacitated person on whose behalf the application is made, is a reproductive health care service provider, employee, or volunteer who is fearful for their safety or the safety of their family because of their affiliation with a reproductive health care services facility, the application shall be accompanied by all of the following:
(A)CA Government Code § 6215.2(a)(1)(A) Documentation showing that the individual is to commence employment or is currently employed as a provider or employee at a reproductive health care services facility or is volunteering at a reproductive health care services facility.
(B)CA Government Code § 6215.2(a)(1)(B) One of the following:
(i)CA Government Code § 6215.2(a)(1)(B)(i) A certified statement signed by a person authorized by the reproductive health care services facility stating that the facility or any of its providers, employees, volunteers, or patients is or was the target of threats, harassment, or acts of violence or harassment within one year of the date of the application. A person who willfully certifies as true any material matter pursuant to this section that the person knows to be false is guilty of a misdemeanor.
(ii)CA Government Code § 6215.2(a)(1)(B)(ii) A certified statement signed by the employee or patient of, or volunteer for, the reproductive health care services facility stating that they have been the target of threats, harassment, or acts of violence within one year of the date of the application because of their association with the reproductive health care services facility. A person who willfully certifies as true any material matter pursuant to this section which the person knows to be false is guilty of a misdemeanor.
(iii)CA Government Code § 6215.2(a)(1)(B)(iii) A workplace violence restraining order described in Section 527.8 of the Code of Civil Procedure, issued after a noticed hearing, or a civil restraining order described in Section 527.6 of the Code of Civil Procedure, issued after a noticed hearing, protecting the applicant or the minor or incapacitated person on whose behalf the application is made. The order must be based upon threats or acts of violence to the applicant or the minor or incapacitated person on whose behalf the application is made and connected with the reproductive health care services facility.
(C)CA Government Code § 6215.2(a)(1)(C) A sworn statement that the applicant fears for their safety or the safety of their family, or the safety of the minor or incapacitated person on whose behalf the application is made due to their affiliation with the reproductive health care services facility authorized to provide the declaration described in subparagraph (B).
(2)CA Government Code § 6215.2(a)(2) If the applicant alleges that the basis for the application is that the applicant is a reproductive health care services facility volunteer, the application shall, in addition to the documents specified in paragraph (1), be accompanied by reproductive health care services facility documentation showing the length of time the volunteer has committed to working at the facility.
(3)CA Government Code § 6215.2(a)(3) If the applicant alleges that the basis of the application is that the applicant, or the minor or incapacitated person on whose behalf the application is made, is a person who is or has been the target of threats or acts of violence because the applicant is obtaining or seeking to obtain services at a reproductive health care services facility within one year of the date of the application, the application shall be accompanied by the following:
(A)CA Government Code § 6215.2(a)(3)(A) A sworn statement that the applicant has good reason to fear for their safety or the safety of their family.
(B)CA Government Code § 6215.2(a)(3)(B) Any police, court, or other government agency records or files that show any complaints of the alleged threats or acts of violence.
(4)CA Government Code § 6215.2(a)(4) A designation of the Secretary of State as agent for purposes of service of process and for the purpose of receipt of mail.
(A)CA Government Code § 6215.2(a)(4)(A) Service on the Secretary of State of any summons, writ, notice, demand, or process shall be made by delivering to the address confidentiality program personnel of the office of the Secretary of State two copies of the summons, writ, notice, demand, or process.
(B)CA Government Code § 6215.2(a)(4)(B) If a summons, writ, notice, demand, or process is served on the Secretary of State, the Secretary of State shall immediately cause a copy to be forwarded to the program participant at the address shown on the records of the address confidentiality program so that the summons, writ, notice, demand, or process is received by the program participant within three days of the Secretary of State’s having received it.
(C)CA Government Code § 6215.2(a)(4)(C) The Secretary of State shall keep a record of all summonses, writs, notices, demands, and processes served upon the Secretary of State under this section and shall record the time of that service and the Secretary of State’s action.
(D)CA Government Code § 6215.2(a)(4)(D) The office of the Secretary of State and any agent or person employed by the Secretary of State shall be held harmless from any liability in any action brought by any person injured or harmed as a result of the handling of first-class mail on behalf of program participants.
(5)CA Government Code § 6215.2(a)(5) The mailing address where the applicant can be contacted by the Secretary of State, and the telephone number or numbers where the applicant can be called by the Secretary of State.
(6)CA Government Code § 6215.2(a)(6) The address or addresses that the applicant requests not be disclosed for the reason that disclosure will increase the risk of threats or acts of violence or harassment toward the applicant.
(7)CA Government Code § 6215.2(a)(7) The signature of the applicant and of any individual or representative of any office designated in writing who assisted in the preparation of the application, and the date on which the applicant signed the application.
(b)CA Government Code § 6215.2(b) An application may be submitted on the basis that a person is employed by or performs work pursuant to a contract with a public entity and faces threats of violence or violence or harassment from the public because of their work for the public entity. An adult person, a parent or guardian acting on behalf of a minor, or a guardian acting on behalf of an incapacitated person, who is domiciled in California, may apply to the Secretary of State to have an address designated by the Secretary of State to serve as the person’s address or the address of the minor or incapacitated person. An application shall be completed in person at a community-based assistance program designated by the Secretary of State. The application process shall include a requirement that the applicant shall meet with a counselor and receive orientation information about the program. The Secretary of State shall approve an application if it is filed in the manner and on the form prescribed by the Secretary of State and if it contains all of the following:
(1)CA Government Code § 6215.2(b)(1) If the applicant alleges that the basis for the application is that the applicant, or the minor or incapacitated person on whose behalf the application is made is employed by a public entity or performs work pursuant to a contract with a public entity and faces threats of violence or violence or harassment from the public because of their work for the public entity and is fearful for their safety or the safety of their family because of their work for the public entity, the application shall be accompanied by all of the following:
(A)CA Government Code § 6215.2(b)(1)(A) Documentation showing that the individual is to commence employment or is currently employed by a public entity or performs work pursuant to a contract with a public entity in an occupation where workers have faced threats of violence or violence or harassment from the public because of their work for the public entity.
(B)CA Government Code § 6215.2(b)(1)(B) One of the following:
(i)CA Government Code § 6215.2(b)(1)(B)(i) A certified statement signed by a person affiliated with the applicant’s place of work or employment who has personal knowledge of the circumstances at the place of work or employment, stating that workers or employees have been the target of threats or acts of violence or harassment within one year of the date of the application. A person who willfully certifies as true any material matter pursuant to this section which the person knows to be false is guilty of a misdemeanor.
(ii)CA Government Code § 6215.2(b)(1)(B)(ii) A certified statement signed by the worker or employee, stating that they have been the target of threats or acts of violence or harassment within one year of the date of the application because of their work for a public entity. A person who willfully certifies as true any material matter pursuant to this section which the person knows to be false is guilty of a misdemeanor.
(iii)CA Government Code § 6215.2(b)(1)(B)(iii) A workplace violence restraining order described in Section 527.8 of the Code of Civil Procedure, issued after a noticed hearing, or a civil restraining order described in Section 527.6 of the Code of Civil Procedure, issued after a noticed hearing, protecting the applicant or the minor or incapacitated person on whose behalf the application is made. The order must be based upon threats or acts of violence connected with the applicant’s work for a public entity or the minor or incapacitated person on whose behalf the application is made.
(C)CA Government Code § 6215.2(b)(1)(C) A sworn statement that the applicant fears for their safety or the safety of their family, or the safety of the minor or incapacitated person on whose behalf the application is made, due to their work for a public entity.
(2)CA Government Code § 6215.2(b)(2) A designation of the Secretary of State as agent for purposes of service of process and for the purpose of receipt of mail.
(A)CA Government Code § 6215.2(b)(2)(A) Service on the Secretary of State of any summons, writ, notice, demand, or process shall be made by delivering to the address confidentiality program personnel of the office of the Secretary of State two copies of the summons, writ, notice, demand, or process.
(B)CA Government Code § 6215.2(b)(2)(B) If a summons, writ, notice, demand, or process is served on the Secretary of State, the Secretary of State shall immediately cause a copy to be forwarded to the program participant at the address shown on the records of the address confidentiality program so that the summons, writ, notice, demand, or process is received by the program participant within three days of the Secretary of State’s having received it.
(C)CA Government Code § 6215.2(b)(2)(C) The Secretary of State shall keep a record of all summonses, writs, notices, demands, and processes served upon the Secretary of State under this section and shall record the time of that service and the Secretary of State’s action.
(D)CA Government Code § 6215.2(b)(2)(D) The office of the Secretary of State and any agent or person employed by the Secretary of State shall be held harmless from any liability in any action brought by any person injured or harmed as a result of the handling of first-class mail on behalf of program participants.
(3)CA Government Code § 6215.2(b)(3) The mailing address where the applicant can be contacted by the Secretary of State, and the telephone number or numbers where the applicant can be called by the Secretary of State.
(4)CA Government Code § 6215.2(b)(4) The address or addresses that the applicant requests not be disclosed for the reason that disclosure will increase the risk of acts of violence or harassment toward the applicant.
(5)CA Government Code § 6215.2(b)(5) The signature of the applicant and of any individual or representative of any office designated in writing who assisted in the preparation of the application, and the date on which the applicant signed the application.
(c)CA Government Code § 6215.2(c) Applications shall be filed with the office of the Secretary of State.
(d)CA Government Code § 6215.2(d) Submitted applications shall be accompanied by payment of a fee to be determined by the Secretary of State. This fee shall not exceed the actual costs of enrolling in the program. In addition, annual fees may also be assessed by the Secretary of State to defray the actual costs of maintaining this program. Annual fees assessed by the Secretary of State shall also be used to reimburse the General Fund for any amounts expended from that fund for the purposes of this chapter. No applicant who is a patient of a reproductive health care services facility shall be required to pay an application fee or the annual fee under this program.
(e)CA Government Code § 6215.2(e) The Address Confidentiality for Reproductive Health Care Services Fund is hereby created in the General Fund. Upon appropriation by the Legislature, moneys in the fund are available for the administration of the program established pursuant to this chapter.
(f)CA Government Code § 6215.2(f) Upon filing a properly completed application, the Secretary of State shall certify the applicant as a program participant. Applicants, with the exception of reproductive health care services facilities volunteers, shall be certified for four years following the date of filing unless the certification is withdrawn, or invalidated before that date. Reproductive health care services facility volunteers shall be certified until six months from the last date of volunteering with the facility. The Secretary of State shall by rule establish a renewal procedure. A minor program participant, who reaches 18 years of age, may renew as an adult following the renewal procedures established by the Secretary of State.
(g)CA Government Code § 6215.2(g) A person who falsely attests in an application that disclosure of the applicant’s address would endanger the applicant’s safety or the safety of the applicant’s family or the minor or incapacitated person on whose behalf the application is made, or who knowingly provides false or incorrect information upon making an application, is guilty of a misdemeanor. A notice shall be printed in bold type and in a conspicuous location on the face of the application informing the applicant of the penalties under this subdivision.
(h)CA Government Code § 6215.2(h) For purposes of this section:
(1)CA Government Code § 6215.2(h)(1) “Harassment” is repeated, unreasonable, and unwelcome conduct directed at a targeted individual that would cause a reasonable person to fear for their own safety or the safety of a household member. Harassing conduct may include, but is not limited to, following, stalking, phone calls, or written correspondence.
(2)CA Government Code § 6215.2(h)(2) “Public entity” means a federal, state, or local government agency.
(3)CA Government Code § 6215.2(h)(3) “Work for a public entity” means work performed by an employee of a public entity, or work performed for a public entity by a person pursuant to a contract with the public entity.
confidential address safety application threats and harassment reproductive health care public entity worker safety address confidentiality program workplace violence protection documents for safety counselor meeting requirement Secretary of State role restraining order harassment definition public entity application fees exemption program participant certification
(Amended by Stats. 2022, Ch. 554, Sec. 7. (SB 1131) Effective September 26, 2022.)

Section § 6215.3

Explanation

This law states that the Secretary of State must cancel the certification of a program participant if they fail to report changes in their employment status or if they stop being a provider or volunteer.

After a participant’s certification ends, their records are kept confidential, unless specified otherwise, and are retained for three years before being destroyed.

(a)CA Government Code § 6215.3(a) The Secretary of State shall cancel certification of a program participant who fails to disclose a change in employment status, or termination as a provider or volunteer.
(b)CA Government Code § 6215.3(b) Upon termination of a program participant’s certification, the Secretary of State shall retain records as follows:
(1)CA Government Code § 6215.3(b)(1) Except as provided in subdivision (g) of Section 6215.4 or Section 6215.7, any records or documents pertaining to a program participant shall be held confidential.
(2)CA Government Code § 6215.3(b)(2) All records or documents pertaining to a program participant shall be retained for a period of three years after termination of certification and then destroyed without further notice.
program participant cancellation employment status change provider termination volunteer termination certification termination record confidentiality record retention record destruction failure to disclose employment change Secretary of State role participant record handling document retention period confidential records termination record process
(Amended by Stats. 2012, Ch. 270, Sec. 8. (SB 1082) Effective January 1, 2013.)

Section § 6215.4

Explanation

This section outlines the process for a program participant to voluntarily withdraw from, or be involuntarily terminated from, participation in a program managed by the Secretary of State. A participant can withdraw by sending a written notice and their ID card. The Secretary of State can terminate a participant for various reasons, such as expiration of certification, using false information, moving without notice, undeliverable mail, or non-disclosure of employment changes.

Additionally, if a participant turns 18 and fails to renew their certification within 60 days, they may also be terminated. The Secretary of State can refuse renewal if the participant has moved out of state. Participants have 30 days to appeal a termination notice. Terminations and withdrawals are communicated to relevant county officials, and confidentiality obligations cease upon termination. If the termination is due to fraud, the Secretary of State may disclose the participant’s application information.

(a)CA Government Code § 6215.4(a) A program participant may withdraw from program participation by submitting to the Secretary of State written notification of withdrawal and his or her current identification card. Certification shall be terminated on the date of receipt of this notification.
(b)CA Government Code § 6215.4(b) The Secretary of State may terminate a program participant’s certification and invalidate his or her authorization card for any of the following reasons:
(1)CA Government Code § 6215.4(b)(1) The program participant’s certification term has expired and certification renewal has not been completed.
(2)CA Government Code § 6215.4(b)(2) The Secretary of State has determined that false information was used in the application process to qualify as a program participant or that participation in the program is being used as a subterfuge to avoid detection of illegal or criminal activity or apprehension by law enforcement.
(3)CA Government Code § 6215.4(b)(3) The program participant no longer resides at the residential address provided to the Secretary of State, and has not provided at least seven days’ prior notice in writing of a change in address.
(4)CA Government Code § 6215.4(b)(4) A service of process document or mail forwarded to the program participant by the Secretary of State is returned as nondeliverable.
(5)CA Government Code § 6215.4(b)(5) The program participant who is a provider, employee, or volunteer fails to disclose a change in employment, or termination as volunteer or provider.
(6)CA Government Code § 6215.4(b)(6) The program participant, who reaches 18 years of age during his or her certification term, has not renewed his or her certification within 60 days of him or her reaching 18 years of age.
(c)CA Government Code § 6215.4(c) The Secretary of State may refuse to renew a program participant’s certification if the adult program participant or the parent or guardian acting on behalf of a minor or incapacitated person has abandoned his or her domicile in this state.
(d)CA Government Code § 6215.4(d) If termination is based on any of the reasons under subdivision (b) or (c), the Secretary of State shall send written notification of the intended termination to the program participant. The program participant shall have 30 business days in which to appeal the termination under procedures developed by the Secretary of State.
(e)CA Government Code § 6215.4(e) The Secretary of State shall notify in writing the county elections official and authorized personnel of the appropriate county clerk’s office, and county recording office of the program participant’s certification withdrawal, invalidation, expiration, or termination.
(f)CA Government Code § 6215.4(f) Upon receipt of this termination notification, authorized personnel shall transmit to the Secretary of State all appropriate administrative records pertaining to the program participant and the record transmitting agency is no longer responsible for maintaining the confidentiality of a terminated program participant’s record.
(g)CA Government Code § 6215.4(g) Following termination of program participant certification as a result of paragraph (2) of subdivision (b), the Secretary of State may disclose information contained in the participant’s application.
program participant withdrawal program termination reasons certification expiration false information change of address notification undeliverable mail employment disclosure renewal refusal appeal process county notification confidentiality termination fraud-related disclosure
(Amended by Stats. 2012, Ch. 270, Sec. 9. (SB 1082) Effective January 1, 2013.)

Section § 6215.5

Explanation

This California law allows certain program participants to use a special substitute address provided by the Secretary of State instead of their real address. This substitute address can be used for creating, modifying, or maintaining public records, except certain vital records like birth or marriage certificates. State and local agencies usually must accept this substitute address unless they have a specific legal reason to require the real address, but they cannot make it public. Participants can even use the substitute address as a work address.

The Secretary of State's office will forward most mail to program participants but doesn't have to handle packages. If participants want to keep their address private in Department of Motor Vehicles records, they must follow specific rules from the Vehicle Code.

(a)CA Government Code § 6215.5(a) A program participant may request that state and local agencies use the address designated by the Secretary of State as his or her address. When creating a public record, state and local agencies shall accept the address designated by the Secretary of State as a program participant’s substitute address, unless the Secretary of State has determined both of the following:
(1)CA Government Code § 6215.5(a)(1) The agency has a bona fide statutory or administrative requirement for the use of the address that would otherwise be confidential under this chapter.
(2)CA Government Code § 6215.5(a)(2) This address will be used only for those statutory and administrative purposes and shall not be publicly disseminated.
(b)CA Government Code § 6215.5(b) A program participant may request that state and local agencies use the address designated by the Secretary of State as his or her address. When modifying or maintaining a public record, excluding the record of any birth, fetal death, death, or marriage registered under Division 102 (commencing with Section 102100) of the Health and Safety Code, state and local agencies shall accept the address designated by the Secretary of State as a program participant’s substitute address, unless the Secretary of State has determined both of the following:
(1)CA Government Code § 6215.5(b)(1) The agency has a bona fide statutory or administrative requirement for the use of the address that would otherwise be confidential under this chapter.
(2)CA Government Code § 6215.5(b)(2) This address will be used only for those statutory and administrative purposes and shall not be publicly disseminated.
(c)CA Government Code § 6215.5(c) A program participant may use the address designated by the Secretary of State as his or her work address.
(d)CA Government Code § 6215.5(d) The office of the Secretary of State shall forward all first-class mail and all mail sent by a governmental agency to the appropriate program participants. The office of the Secretary of State may, in its discretion, refuse to handle or forward packages regardless of size or type of mailing.
(e)CA Government Code § 6215.5(e) Notwithstanding subdivision (a), program participants shall comply with the provisions specified in subdivision (d) of Section 1808.21 of the Vehicle Code if requesting suppression of the records maintained by the Department of Motor Vehicles. Program participants shall also comply with all other provisions of the Vehicle Code relating to providing current address information to the department.
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(Amended by Stats. 2012, Ch. 270, Sec. 10. (SB 1082) Effective January 1, 2013.)

Section § 6215.6

Explanation

This law lets people who are part of a special program vote without their personal information being public. They must already be eligible to vote and can do this confidentially according to specific election rules.

A program participant who is otherwise qualified to vote may seek to register and vote in a confidential manner pursuant to Section 2166.5 of the Elections Code.
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(Added by Stats. 2002, Ch. 380, Sec. 3. Effective January 1, 2003.)

Section § 6215.7

Explanation

This law states that the California Secretary of State cannot disclose the real address of a program participant, except in specific situations. These situations include when a law enforcement agency requests it, when a court order directs it, or if the participant's certification ends under certain conditions.

The Secretary of State may not make a program participant’s address, other than the address designated by the Secretary of State, available for inspection or copying, except under any of the following circumstances:
(a)CA Government Code § 6215.7(a) If requested by a law enforcement agency, to the law enforcement agency.
(b)CA Government Code § 6215.7(b) If directed by a court order, to a person identified in the order.
(c)CA Government Code § 6215.7(c) If certification has been terminated pursuant to paragraph (2) of subdivision (b) of Section 6215.4.
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(Amended by Stats. 2011, Ch. 200, Sec. 8. (SB 636) Effective January 1, 2012.)

Section § 6215.8

Explanation

This law section states that the Secretary of State is responsible for identifying agencies, both governmental and nonprofit, that can help people apply to be part of a specific program. However, the help and advice given by these agencies or the Secretary of State's office is not considered legal advice.

The Secretary of State shall designate state and local agencies and nonprofit agencies that may assist persons applying to be program participants. Any assistance and counseling rendered by the office of the Secretary of State or its designees to applicants shall in no way be construed as legal advice.
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(Added by Stats. 2002, Ch. 380, Sec. 3. Effective January 1, 2003.)

Section § 6215.9

Explanation

The Secretary of State can create rules to help state and local agencies manage the requirements of this law. This is done in partnership with and similar to the administration of the Address Confidentiality program for victims of domestic violence and stalking, known as the Safe at Home program.

The Secretary of State may adopt rules to facilitate the administration of this chapter by state and local agencies. The Secretary of State shall administer this chapter together with and in the same manner as the Address Confidentiality For Victims of Domestic Violence and Stalking (Safe at Home) program.
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(Added by Stats. 2002, Ch. 380, Sec. 3. Effective January 1, 2003.)

Section § 6216

Explanation

The Secretary of State in California is required to submit annual reports to the Legislature. These reports, due by January 10 each year, detail the number of applications received for a specific program, participant numbers by county, and any election-related misuse allegations. The program began accepting applications on April 1, 2003.

Additionally, a special report was required by July 1, 2006, to outline the total mail forwarded to participants, overall participant numbers, their average participation duration, and suggestions for program improvements.

(a)CA Government Code § 6216(a) The Secretary of State shall submit to the Legislature, no later than January 10 of each year, a report that includes the total number of applications received for the program established by this chapter. The report shall disclose the number of program participants within each county and shall also describe any allegations of misuse relating to election purposes.
(b)CA Government Code § 6216(b) The Secretary of State shall commence accepting applications under this program on April 1, 2003.
(c)CA Government Code § 6216(c) The Secretary of State shall submit to the Legislature by July 1, 2006, a report that includes the total number of pieces of mail forwarded to program participants, the number of program participants during the program’s duration, the average length of time a participant remains in the program, and the targeted code changes needed to improve the program’s efficiency and cost-effectiveness.
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(Added by Stats. 2002, Ch. 380, Sec. 3. Effective January 1, 2003.)