HB 449

QU ALIFIED VOTER Present law provides that a citizen of the United States 18 or older who is a resident of this state is a qualified voter unless the citizen is disqualified under voting laws or a judgment of infamy upon conviction of a felony . This bill r evises the present law so that a qualified voter becomes disqualified only if the citizen is:  D isqualified under voting laws .  Currently imprisoned in a penal institution, on probation, or on parole for a judgment of infamy .  N ever eligible to register and vote in this state. Present law prohibits the following people from ever being eligible to register and vote in this state:  Those convicted after July 1, 1986, of the offenses of voter fraud, treason, murder in the first degree, or aggravated rape .  Those convicted after July 1, 1996, but before July 1, 2006, of any of the offenses set out above or any other degree of murder or rape .  Those convicted on or after July 1, 2006, of (i) any of the offenses set out above, (ii) any violation of bribery, misconduct involving public officials and employees, or interference with government operation, designated as a felony or any violation containing the same elements and designated as a felony in any other state or federal court; or (iii) a ny sexual offense or violent sexual offense that is designated as a felony . VOTER REGISTRATION FORM Present law requires certain questions to be asked on a voter registration form, including: " Have you ever been convicted of a crime which is a felony in this state, by a c ourt in this state, a court in another state, or a federal court? "" If the answer is ""yes, the form must ask: ""… have you received a pardon or had your full rights of citizenship restored by a court for all crimes listed?"" This bill revises this follow- up question to additionally ask whether the person completed any sentence of incarceration, probation, or parole for all crimes listed . RESTORATION OF SUFFRAGE RIGHTS Restoration Eligibility Present law authorizes a ny person who has forfeited the right of suffrage 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 regi ster to vote, that one of the following factors is met:  The person has been pardoned of all infamous crimes and the person's full rights of citizenship, including the right of suffrage, have been restored .  The person's full rights of citizenship have been restored as prescribed by law .  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 to the list that t he person's right of suffrage has be en restored due to the expiration of the sentence imposed for the infamous crime. Sufficient Proof Present law requires that a pardon or a certified copy of a judgment of a court of competent jurisdiction be sufficient proof to the administrator that the person fulfills the above requirements as to the offense or offenses specified on the pardon or judgment . H owever, before allowing a person convicted of an infamous crime to become a registered voter, it is the duty of the administrator in each c ounty to verify with the state coordinator of elections that the person is eligible to register. This bill revises the present law to require, instead, that the following document s are sufficient proof to the administrator that the person fulfills the abo ve -stated requirements as to the offense or offenses specified:  A pardon .  A certified copy of a judgment of a court of competent jurisdiction .  A certificate of voting rights restoration, upon a form prescribed by the coordinator of elections, issued by (i) t he warden or an agent or officer of the incarcerating authority; or (ii) a parole officer, probation officer, or another agent or officer of the supervising authority. B efore allowing a person convicted of an infamous crime to become a registered voter, this bill still requires the administrator in each county to verify with the state coordinator of elections that the person is eligible to register. Timeline for Applying for Such Proof Present law authorizes such p ersons rendered infamous or de prived of the rights of citizenship by the judgment of any state or federal court to have their full rights of citizenship restored by the circuit court. T hose convicted of an infamous crime may petition for restoration upon the expiration of the maximum sentence imposed for the infamous crime. This bill revises such timeline for a person convicted of an infamous crime so that they may petition for restoration of full rights of citizenship upon the expiration of the sentence imposed for the infamous crime, as opposed to the maximum sentence imposed. This bill also adds, e xcept for those persons never eligible to register to vote, a conviction for an infamous crime renders a person ineligible to vote only while the person is currently imprisoned in a penal institution, serving parole, or on probation for that conviction. Ineligibility Present law prohibits a person from being eligible to apply for a voter registration card and have the right of suffrage restored, unless the person:  Has paid all restitution to the victim or victims of the offense ordered by the court as part of the sentence .  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 applicant is indigent at the time of application.  Is current in all child support obligations. This bill deletes these requirements and, instead, prohibits t he right of suffrage for any person, including those rendered infamous and temporarily deprived of suffrage due to incarceration, probation, or parole for that conviction, from be ing further infringed or denied due to the inability or failure to pay any monetary obligations, including, but not limited to, civil or criminal penalties, restitution, court costs, or child support. CERTIFICATE OF VOTING RIGHTS RESTOR ATION Issuance Present law authorizes a person who is eligible to apply for a voter registration card and have the ir right of suffrage restored to request, and then must be issued, a certificate of voting rights restoration upon a form prescribed by th e coordinator of elections . This bill removes this provision and, instead, requires a person convicted of an infamous crime who becomes eligible to vote upon completion of the ir sentence to be issued a certificate of voting rights restoration upon a form prescribed by the coordinator of elections . Present law requires such certificate be issued by (i) t he pardoning authority, ( ii ) t he warden or an agent or officer of the incarcerating authority, or ( iii ) a parole officer or another agent or officer of the supervising authority. This bill adds that a probation officer must also issue these certificates. Certificate Not Required to Register to Vote This bill authorizes a person to submit the completed certificate to the administrator of elections of the county in which the person is eligible to vote as sufficient proof of rights restoration. If submitted, the administrator of elections must send the certificate to the coordinator o f elections who must verify that the certificate was issued in compliance with this bill . However, a person who does not submit a certificate of voting rights restoration must not be denied a voter registration card due to absence of the certificate. A v oter registration form submitted by such person, absent a rights restoration certificate, must be reviewed by the appropriate administrator of elections who will verify with the secretary of state that the person is eligible to register. If the administr a tor of elections determines that the person may register, then the administrator of elections must use the same verification procedure used for any applicant and grant the application for a voter registration card if appropriate. Required Communication This bill requires the department of correction to communicate at least twice monthly to the secretary of state a list of those newly eligible persons to include the name, date of birth, and social security number to enable voter registration upon applic ation as described above. The secretary of state must also communicate the eligibility with the appropriate administrator of elections ."