HB 1745

Present law provides that a citizen of the United States who is 18 or older and a resident of this state is a qualified voter unless the citizen is disqualified under voter registration laws or under a judgment of infamy after a conviction for a felony. This bill clarifies that such a person disqualified by a judgment of infamy after a conviction for a felony includes anyone imprisoned in a penal institution, on probation, or on parole for a judgment of infamy after a conviction for a felony. VOTING AFTER RIGHT TO VOTE FORFEITED Present law authorizes a person who has forfeited the right to vote because of conviction of an infamous crime to register to vote and vote at any election for which the person is eligible by submitting sufficient proof to the administrator of elections in the county in which the person is seeking to register to vote, that any of the following are true:  The person has been pardoned of all infamous crimes and the person's right to vote has been restored as prescribed by the law of this state for each felony convictio n.  The person's right to vote has been restored as prescribed by the law of this state for each felony conviction .  An appellate court of competent jurisdiction has entered a final judgment reversing the person's conviction, or convictions, of all infamous crimes. This bill adds that a person may alternatively show proof that t he person's right to vote has been restored due to the expiration of the sentence imposed for the infamous crime. RIGHT TO VOTE FOR PERSONS CONVICTED OF INFAMOUS CRIMES Present law generally prohibits a person who has been convicted of a felony in this state from register ing to vote or from voting at an election . However, a person may register and vote if t he person has been pardoned by the governor and the person's right to vote has been restored as prescribed by the law of this state for each felony conviction . This bill adds that the governor may attach to any such pardon a special condition that such person does not have the right to vote until a date certain in the future, or until the expiration of the pardoned sentence, whichever period of time is less . Present law also authorizes a person whose right to vote has otherwise been restored as prescribed by the law of this state for each felony conviction . This bill removes this provision and provides, instead, that a person may register and vote if (i) th e person's full rights of citizenship have been restored as prescribed by law or (ii) t he person's right to vote has been restored due to the expiration of the sentence imposed for the infamous crime . Convicted in Federal Court Present law prohibits a person who has been convicted in federal court of a crime or offense that would constitute an infamous crime under the laws of this state , which is any felony conviction , regardless of the sentence imposed, from register ing to vote or vot ing at an election unless either of the following is true:  The person has been pardoned by the president of the United States and the person's right to vote has been restored as prescribed by the law of this state for each felony convictio n.  The person's right to vote has otherwise been restored as prescribed by the law of this state for each felony conviction . This bill removes these two paths to voting, and provides, instead, that such a person is prohibited from registering to vote or voting unless any of the following are true:  The person has been pardoned or the person's full rights of citizenship have been restored by the president of the United States .  The person's full rights of citizenship have otherwise been restored in accordance with federal law or the law of this state .  The person's right to vote has been restored due to the expiration of the sentence imposed for the infamous crime . Convict ion in Another State Present law prohibits a person who has been convicted in another state of a crime or offense that would constitute an infamous crime under the laws of this state, regardless of the sentence imposed, from register ing to vote or vot ing at an election in this state unless either of the following is true:  The person has been pardoned by the governor or other appropriate authority of such other state and the person's right to vote has been restored as prescribed by the law of this state for each felony conviction ; or  The person's right to vote has otherwise been restored as prescribed by the law of this state for each felony conviction. This bill removes the two above-outlined paths to registering to vote and voting in an election, and provides, instead, that a person who has been convicted in another state of a crime or offense that would constitute an infamous crime under the laws of this state, regardless of the sentence imposed, is prohibited from register ing to vote or vot ing at an election in this state unless any of the following is true:  The person has been pardoned or the person's full rights of citizenship have been restored by the governor or other appropriate authority of such other state .  The person's full rights of citizenship have otherwise been restored in accordance with the laws of such other state, or the law of this state .  The person's right to vote has been restored due to the expiration of the sentence imposed for the infamous crime. Present law generally provides that a person rendered infamous or deprived of rights of citizenship by the judgment of any state or federal court is eligible to seek restoration of rights of citizenship by petitioning the circuit court of the county where the petitioner resides or where the conviction for the infamous crime occurred upon certain circumstances, barring two exceptions. The two exceptions to such eligibility are:  The following persons will never be eligible to have the right to vote restored and vote in this state: o A person convicted after July 1, 1986, of the offense of first degree murder, aggravated rape, treason, or v oter fraud . o A person convicted after July 1, 1996, but before July 1, 2006, of any of the offenses listed above or any other degree of murder or rape. o A person convicted on or after July 1, 2006, of a ny of the offenses set out above or bribery, misconduct involving public officials and employees, or interference with government operations, if designated as a felony or any violation containing the same elements and designated as a felony in any other state or federal court . o A sexual offense or violent sexual offense that is designated as a felony or any violation containing the same elements and designated as a felony in any other state or federal court and in which the victim was a minor.  A person convicted of an infamous crime after May 18, 1981, is not eligible to have the right to vote restored and vote in this state unless the person has done all of the following, as applicable : o Has paid all restitution to the victim or victims of the offense ordered by the court as part of the sentence . o Beginning September 1, 2010, has paid all court costs assessed against the person at the conclusion of the person's trial, except where the court has made a finding at an evidentiary hearing that the person is indigent at the time of filing the petition for restoration of the right to vote. o Is current in all child support obligations. This bill adds, except as provided above, a person's right to vote is automatically restored upon the person's discharge from custody by reason of service or expiration of the maximum sentence imposed by the court for the infamous crime. A county election commission must accept the person's discharge documentation as proof of the restoration of the right to vote . PROCESS FOR RESTORATION Present law requires a person whose right to vote has been restored by order of the court to submit a certified copy of the order to the administrator of elections of the county in which the person is eligible to vote. The administrator of elections must verify with the coordinator of elections that the order was issued and, upon receiving the verification, must issue the person a voter registration card entitling the person to vote. This bill removes these provisions. Present law requires a petition for restoration of rights of citizenship to include certain information to s et forth the basis for the petitioner's eligibility for restoration , including sworn statements by the petitioner demonstrating that the petitioner is eligible for restoration of the right to vote under the two exceptions listed above. This bill removes this provision that requires this information be provided. Present law requires the court to order the restoration of the petitioner's full rights of citizenship and send a copy of the order to the state coordinator of elections if, upon the face of the petition or after conducting a hearing, the court finds t he petitioner is eligible for restoration of the right to vote under the two exceptions listed above. This bill removes this requirement. If, upon the face of the petition or after conducting a hearing, the court does not find that the petitioner's full citizenship rights should be restored but does find that one or more of the petitioner's citizenship rights should be restored, then present law requires the court to so order such restoration. However, t he court must not order the restoration of the petitioner's right to vote unless the court finds that the petitioner is eligible for restoration of the right to vote under the two exceptions listed above. This bill removes this restriction on restoring the right to vote unless the court finds that the petitioner is eligible for restoration under the two exceptions listed above. If the court determines that the petitioner's right to vote should be restored, then present law requires the court to direct that a copy of an order restoring the right to vote be sent to the state coordinator of elections. This bill removes this provision.