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SB-1174 Elections: voter identification.(2023-2024)

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Date Published: 05/02/2024 09:00 PM
SB1174:v97#DOCUMENT

Amended  IN  Senate  May 02, 2024
Amended  IN  Senate  March 18, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 1174


Introduced by Senator Min
(Coauthor: Senator Newman)

February 14, 2024


An act to add Section 10005 to the Elections Code, relating to elections.


LEGISLATIVE COUNSEL'S DIGEST


SB 1174, as amended, Min. Elections: voter identification.
Existing law permits the governing body of a city or district to request that the county render specified services to the city or district regarding the conduct of an election.
This bill would prohibit a local government from enacting or enforcing any charter provision, ordinance, or regulation requiring a person to present identification for the purpose of voting or submitting a ballot at any polling place, vote center, or other location where ballots are cast or submitted, as specified.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 (a) The Legislature finds and declares all of the following:
(1) Under existing law, a person is entitled to vote in a local, special, or consolidated election who is registered in any one of the precincts which compose the local, special, or consolidated election precinct.
(2) California ensures the integrity of its elections by requiring a person to provide a driver’s license number, a California identification number, or the last four digits of their social security number to register to vote.
(3) The state has taken further steps to ensure election integrity, including signature verification checks, mandatory partial recounts, and ballot tracking.
(4) Voter identification laws have historically been used to disenfranchise low-income voters, voters of color, voters with disabilities, and senior voters.
(5) Existing law gives the Secretary of State jurisdiction over voter-eligibility functions.
(6) Under existing law, local elections officials are responsible for supervising voting at the polls.
(7) Voter identification laws place the onus on the voter to prove their identity and right to vote, even after voters have taken the necessary steps to prove their identity and right to vote through the voter registration process.
(8) The implementation of voter identification laws in municipal elections conflicts with California’s established, well-balanced methods of ensuring election integrity across the state.
(b) The Legislature finds and declares that Section 2 of this act adding Section 10005 of the Elections Code addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 2 of this act applies to all cities, including charter cities.

SECTION 1.SEC. 2.

 Section 10005 is added to the Elections Code, to read:

10005.
 A local government shall not enact or enforce any charter provision, ordinance, or regulation requiring a person to present identification for the purpose of voting or submitting a ballot at any polling place, vote center, or other location where ballots are cast or submitted, unless required by state or federal law. For the purpose of this section, “local government” means any charter or general law city, charter or general law county, or any city and county.

SEC. 2.

The Legislature finds and declares that Section 1 of this act adding Section 10005 of the Elections Code addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act applies to all cities, including charter cities.