Cal. ELEC § 2212 — California Code / Code elec / Division 2 / Chapter 3 / Article 1 / Section 2212
Section 2212
Status: in_force

(a) For purposes of this section, the following definitions apply:

(1) “Conviction” has the same meaning as set forth in Section 2101.

(2) “Department” means the Department of Corrections and Rehabilitation.

(3) “Imprisoned” has the same meaning as set forth in Section 2101.

(4) “Parole” means a term of supervision by the department.

(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) 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) 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) 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) Personal identification information for the purposes of subdivision (b) includes all of the following:

(1) All known first names.

(2) All known last names.

(3) All known middle names.

(4) All known name suffixes.

(5) Last known address.

(6) Date of birth.

(7) Last four digits of the person’s social security number, if available.

(8) Driver’s license or state-issued identification number, if available.

(d) Upon receipt of the information described in subdivision (b), the Secretary of State shall do all the following:

(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) 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) Upon receipt of information from the Secretary of State pursuant to subdivision (d), a county elections official shall do all of the following:

(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) 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) 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) 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) 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.