California Regulations § 19076 Voter Registration Effective Dates
Regulation Text
(a)
Voter registration effective dates shall be entered and updated as set forth in this Section.
(b)
Any paper or online affidavit of registration shall have a registration effective date of the date the affidavit of registration is received by the county elections official or the Secretary of State, unless it is received by mail after the close of registration, but is postmarked prior to the close of registration, then the registration effective date is the date of the close of registration.
(1)
Within one working day, the Secretary of State shall transmit the affidavit to the county elections official of the registrant's county of residence, as stated on the affidavit.
(c)
Any paper affidavit of registration, excluding a print-out of an electronic affidavit of registration, that is missing:
(1)
a signature, but is otherwise complete, shall have a registration effective date that is the date the affidavit of registration was initially received by the Secretary of State or the county elections official, even when the signature is obtained at a later date.
(2)
information specified in Section
2150
of the Elections Code, and to which no presumption pursuant to Section
2154
of the Elections Code applies, shall have a registration effective date of the date the completed information is received by the county elections official, unless the missing information is received after the close of registration but prior to the certification of the election, in which case the registration effective date is listed as the date of the close of registration.
(d)
Any affidavit of registration processed through online voter registration that is missing a signature, but is otherwise complete, shall have a registration effective date that is the timestamp contained in the electronic voter registration application, even when the signature is obtained at a later date.
(e)
Any affidavit of registration submitted to the DMV shall have a registration effective date of the date it was submitted to the DMV; the effective date will depend on the source of the affidavit of registration. In this subdivision (e) and in subdivision (f), "submitted to the DMV" has the following meanings:
(1)
for a driver license form submitted to a DMV field office (field office), either in paper or electronic form, the date the DMV customer visits the field office and completes the transaction.
(2)
for a driver license renewal form submitted through the DMV's website, the date the online transaction is completed.
(3)
for a driver license renewal form submitted on paper and mailed to the DMV headquarters, the date the renewal form is delivered to the Remittance Section at the DMV headquarters.
(4)
for a change of address form submitted on paper and mailed or delivered to a field office, the date of the date stamp given to the form at the field office.
(5)
for a change of address form submitted on paper and mailed to the DMV headquarters, the date of the date stamp given to the form in the DMV headquarters' mailroom.
(6)
for a change of address form submitted through the DMV's website, the date the online transaction is completed.
(f)
Any affidavit of registration submitted to the DMV and electronically transmitted to the Secretary of State by the DMV that is missing:
(1)
a signature, but is otherwise complete, shall have a registration effective date that is the timestamp contained in the electronic voter registration application, even when the signature is obtained at a later date.
(2)
information specified in Section
2263
of the Elections Code shall have a registration effective date of the date the completed information is received by the county elections official, unless the missing information is received after the close of registration but prior to the certification of the election, in which case the registration effective date is listed as the date of the close of registration.
(g)
Any affidavit of registration accepted by a National Voter Registration Act agency (VRA) shall have a registration effective date of the date the VRA accepted it as reflected by a date stamp. However, if the VRA does not date stamp the affidavit of registration and it is a paper affidavit of registration, it shall have a registration effective date of the date the affidavit of registration is received by the county elections official or the Secretary of State.
(h)
Any new resident affidavit of registration, pursuant to Section
3402
of the Elections Code, shall have a registration effective date that is the date of the close of registration.
(i)
Any new citizen affidavit of registration, pursuant to Section
3500
of the Elections Code, shall have a registration effective date that is the date of the close of registration.
(j)
Any affidavit of pre-registration shall have a registration effective date of the date the registrant turns 18 years of age, however, if the registrant will turn 18 years of age within 60 days of an election, the registration effective date of the affidavit shall be no later than the close of registration.
(k)
A residential change of address request, document or record, as set forth below, that updates a voter's record shall have a registration effective date as follows:
(1)
A signed request (i.e., letter, returned list maintenance notice) from a voter to change their address -- the date the signed request is received by the county elections official or the Secretary of State, unless it is received by mail after the close of registration, but is postmarked prior to the close of registration, then the registration effective date is the date of the close of registration.
(2)
A provisional ballot, pursuant to Section
14311
of the Elections Code, if deemed valid -- the date the provisional ballot is received by the county elections official.
(3)
A National Change of Address record -- the first day of the month that is embedded in the record.
(4)
Electronic Address Change Service (ACS) notifications -- the first day of the month that is embedded in the record.
(5)
Manual Address Change Service (ACS) notifications (NIXIE tabs) -- the date the notification is received by the county elections official, unless it is received by mail after the close of registration, then the registration effective date is the date of the close of registration.
(6)
For any returned Residency Confirmation Postcard (RCP), Alternate Residency Confirmation Postcard (ARC), or Consumer Credit Reporting Agency notice with a signed address change request from a voter -- the process set forth in paragraph (1) subdivision (k) shall be followed.
(l)
Any affidavit of registration or address change with a registration effective date prior to the close of registration, received after the close of registration, shall be processed as if it had been received prior to close of registration. Any provisional ballot shall be adjudicated according to the registration effective date.
(m)
A signed request from a voter, delivered to the county elections official pursuant to Section
2119.5
or
2152
of the Elections Code, to change their address within the same county or add or change their political party preference shall have a registration effective date that is the date of the close of registration, unless the request is delivered on Election Day, then the registration effective date is Election Day.
(n)
A change in the status of a voter's record from inactive to active as a result of the voter confirming the voter's voter registration record on the internet website of the Secretary of State, pursuant to Section
2226
of the Elections Code, shall have a registration effective date of the date of the voter's confirmation.
Source
1. New section filed 8-27-2020; operative 8-27-2020 pursuant to Government Code section 11343.4 (b)(3) . Filing deadline specified in Government Code section 11349.3 (a) extended 60 days pursuant to Executive Order N-40-20 and an additional 60 days pursuant to Executive Order N-66-20 (Register 2020, No. 35).
History
1. New section filed 8-27-2020; operative
8/27/2020
pursuant to Government Code section
11343.4
(b)(3)
. Filing deadline specified in Government Code section
11349.3
(a)
extended 60 days pursuant to Executive Order N-40-20 and an additional 60 days pursuant to Executive Order N-66-20 (
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