Voter registration information: confidentiality., the official text

An act to amend Section 2166.9 of the Elections Code, relating to elections.

LEGISLATIVE COUNSEL'S DIGEST

Under existing law, the residence address, telephone number, and email address of a registered voter is confidential, except that under certain circumstances a county elections official must disclose that information to any candidate for federal, state, or local office, to any committee for or against any initiative or referendum measure, and to any person for election, scholarly, journalistic, political, or governmental purposes. Existing law exempts from that disclosure requirement the residence address, telephone number, and email address of a federal, state, or local elected official or candidate, unless the official or candidate opts out or the information is sought for bona fide journalistic or governmental purposes.
This bill would recast the provisions creating that exemption. The bill would permit the information of an elected official’s immediate family member who lives at the same residence to be made confidential. For an elected official or candidate’s residence address, telephone number, and email address to be confidential, the elected official or candidate would be required to make a written request to the county elections official, and a candidate would also need to qualify to appear on the ballot. The Secretary of State would be required to notify county elections officials when a state or federal candidate qualifies to appear on the ballot, and it would require county elections officials to notify the Secretary of State under certain circumstances if the confidential designation is added to, or removed from, a federal or state elected official or candidate’s voter registration record. The Secretary of State and county elections officials would be required to implement the provisions creating the exemption immediately once the statewide voter registration database and county election management systems have made conforming changes, but the bill states that it does not authorize any reduction in current, ongoing implementation efforts. To the extent the bill imposes additional requirements on local elections officials, the bill imposes a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

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

SECTION 1.
Section 2166.9 of the Elections Code is amended to read:
2166.9.
(a) (1) (A) For purposes of this section, “elected official or candidate” means a federal, state, or local elected official or a candidate who has qualified to appear on the ballot for an elected federal, state, or local office.
(B) For purposes of subparagraph (A), and except as provided in subparagraph (C), an “elected official” includes any official elected to office at the state or local level, and any official appointed to an elective office at the state or local level.
(C) “Elected official or candidate” does not include a member of a political party’s county central committee or a candidate for that office.
(2) For purposes of this section, “immediate family member” means an elected official’s spouse, domestic partner, parent, or child who lives at the same residence.
(b) (1) An elected official or candidate may have their residence address, telephone number, and email address appearing on the affidavit of registration made confidential in accordance with the terms and conditions of this section if the elected official or candidate submits an affirmative written request for confidential voter status to the county elections official.
(2) The residence address, telephone number, and email address of an elected official’s immediate family member may be included in a written request for confidentiality if both of the following requirements are met:
(A) The immediate family member is named in the request by the elected official.
(B) The request is accompanied by a statement, signed by the immediate family member, confirming that they want confidential voter status and that they understand they will lose the ability to vote a nonprovisional ballot in person at the polls but will be able to vote and return their vote by mail ballot at a polling place or ballot dropoff location.
(3) Upon receipt of a written request for confidentiality, the county elections official shall make the information confidential and provide written notice to the household of the elected official or candidate that persons whose information would be confidential would lose their ability to vote a nonprovisional ballot in person at the polls.
(4) A county elections official, in producing any roster, voter list, or index, shall exclude voters with a confidential voter status pursuant to this section. Any other list created by an elections official shall not include any confidential information of the elected official or candidate.
(c) (1) An elected official’s residence address, telephone number, and email address shall remain confidential until two years after the official leaves the office.
(2) (A) For a candidate who opts into confidential voter status and participates in a primary election and who is not nominated to participate in the general election, the candidate’s residence address, telephone number, and email address shall not remain confidential following the completion of the official canvass for the primary election.
(B) For a candidate who opts into confidential voter status and participates in a primary election and who is nominated to participate in the general election, the candidate’s residence address, telephone number, and email address shall remain confidential until the completion of the official canvass for the general election at which a candidate is elected to the office.
(C) A candidate who opts into confidential voter status and is elected to the office shall automatically retain that status after being sworn into office. The elected official shall retain confidential voter status either until opting out or until two years after leaving office pursuant to paragraph (1).
(D) The residence address, telephone number, and email address of a candidate in a local special election shall remain confidential until the vote for the special election has been certified by the local elections official.
(d) (1) The residence address, telephone number, and email address of an elected official shall be made confidential by the county elections official in accordance with the terms and conditions of this section. A county elections official shall determine and identify the federal, state, and local elected officials residing in the county. Upon receipt of a written request from an elected official, the county elections official shall make the official’s residence address, telephone number, and email address confidential.
(2) An elected official who moves into a new county may have their residence address, telephone number, and email address made confidential by submitting a written request to the county elections official of the new county. Upon receipt of a written request, the county elections official of the new county shall make the elected official’s residence address, telephone number, and email address confidential pursuant to paragraph (4).
(3) (A) An elected official who subsequently wishes to opt out of confidential voter status may submit a written request to the county elections official.
(B) A request made pursuant to subparagraph (A) shall include the elected official’s full name, voter registration address, and a clear statement that they wish to opt out of having their residence address, telephone number, and email address made confidential pursuant to this section.
(C) An elected official who opts out may subsequently request confidential voter status by submitting a written request at any time while serving in the official’s current office or while running for another office, and confidential voter status shall be reinstated in accordance with this section upon receipt of the request.
(4) Upon receipt of a request pursuant to paragraph (2) or (3), the county elections official shall add the confidential designation to, or remove it from, the elected official’s voter registration record within five business days.
(5) The county elections official shall notify the Secretary of State on a form prescribed by the Secretary of State when the county elections official has added the confidential designation to, or removed it from, a federal or state elected official’s voter registration record. The county elections official shall notify any other relevant county elections official within five business days of processing the request.
(6) The county elections official shall notify an elected official at least 60 days before removing the confidential designation from a federal, state, or local elected official’s voter registration record.
(7) An elected official or candidate who opts out of confidential voter status thereby consents to the placement of their residence address, telephone number, and email address in the roster of voters.
(8) A candidate who opts out may subsequently request confidential voter status by submitting a written request at any time during the candidate’s eligibility period for confidential voter status, and confidential voter status shall be reinstated in accordance with this section upon receipt of the request.
(e) (1) A candidate who wishes to have their residence address, telephone number, and email address appearing on the affidavit of registration made confidential shall do both of the following:
(A) When filing their declaration of candidacy, submit a written request on a form prescribed by the Secretary of State to the county elections official or other applicable local elections official.
(B) Qualify to appear on the ballot pursuant to paragraph (3).
(2) Upon a candidate’s request for confidentiality, the county elections official shall notify the Secretary of State when transmitting the declaration of candidacy to the Secretary of State or any other relevant county elections official.
(3) (A) When a candidate for a state or federal office qualifies to appear on the ballot, as determined by the Secretary of State, the Secretary of State shall provide to the county elections official or officials with jurisdiction over the election for that office a list identifying each candidate for the office residing in the county or counties.
(B) When a candidate for a local office qualifies to appear on the ballot, as determined by the local elections official, the county elections official shall add the candidate’s name to a list identifying each candidate residing in the county.
(C) Within five business days of receipt of the list described in subparagraph (A) or the determination of qualification for a local office as described in subparagraph (B), the county elections official shall make confidential the residence address, telephone number, and email address of a candidate who submitted the request described in paragraph (1) to the county elections official.
(4) (A) A candidate who has qualified to appear on the ballot and moves into a new county may have their residence address, telephone number, and email address made confidential by submitting a written request to the county elections official of the new county. Upon receipt of a written request, the county elections official of the new county shall make the candidate’s residence address, telephone number, and email address confidential if the candidate has qualified for the ballot.
(B) The county elections official shall notify the Secretary of State on a form prescribed by the Secretary of State when the county elections official has added the confidential designation to a federal or state candidate’s voter registration record. The county elections official shall notify any other relevant county elections official within five business days of processing the request.
(5) (A) A candidate who did not submit a written request pursuant to subparagraph (A) of paragraph (1) at the time of filing the declaration of candidacy may later submit a written request to the county elections official to have their residence address, telephone number, and email address made confidential.
(B) If the candidate has qualified for the ballot, the county elections official shall make the candidate’s residence address, telephone number, and email address confidential within five business days of the written request.
(C) The county elections official shall notify the Secretary of State on a form prescribed by the Secretary of State when the county elections official has added the confidential designation to, or removed it from, a federal or state candidate’s voter registration record. The county elections official shall notify any other relevant county elections official within five business days of processing the request.
(f) A county or county elections official shall not be liable for taking or failing to take the actions described in this section when the county or county elections official has received erroneous information from the Secretary of State.
(g) An action in negligence shall not be maintained against any government entity or officer or employee thereof as a result of the disclosure of the information that is the subject of this section, except by a showing of gross negligence or willfulness.
(h) (1) Notwithstanding any other law, an elected official or candidate’s residence address, telephone number, and email address made confidential pursuant to this section may be disclosed only for bona fide journalistic or governmental purposes. A person seeking an elected official or candidate’s confidential residence address, telephone number, and email address for a journalistic purpose pursuant to this section shall apply to the Secretary of State or to a county elections official as specified in paragraph (2).
(2) (A) A person seeking a federal or state elected official or candidate’s confidential residence address, telephone number, and email address for journalistic purposes shall submit all of the following to the Secretary of State:
(i) A completed California Voter Registration File Request application.
(ii) A letter of authorization or affiliation from the media outlet that the person represents. If the person submitting the request is a member of the media, a press pass may be submitted in lieu of a letter of authorization.
(iii) A declaration under penalty of perjury attesting to the intended journalistic use of the information.
(B) A person seeking a local elected official or candidate’s confidential residence address, telephone number, and email address for journalistic purposes shall submit requests to the county elections official. The request shall include the necessary authorizations and documentation as required by each county elections official.
(C) A county elections official shall process a request for a local elected official or candidate’s confidential residence address, telephone number, and email address for journalistic purposes consistent with the requirements of regulations promulgated by the Secretary of State.
(D) The county elections official shall retain records of all requests for, and disclosures of, a local elected official or candidate’s confidential residence address, telephone number, and email address for journalistic purposes. The county elections official may reject a request that does not clearly adhere to the requirements of this subdivision.
(3) For purposes of this chapter, “journalistic purposes” shall be interpreted in a manner consistent with subdivision (b) of Section 2 of Article I of the California Constitution.
(i) The Secretary of State and county elections officials shall implement this section immediately once the statewide voter registration database and county election management systems have made conforming changes.
(j) Notwithstanding subdivision (i), to facilitate the administration of elections through December 31, 2028, county elections officials may make best efforts to manually implement this section to the maximum degree possible before the completion of conforming changes to the statewide voter registration database and their own election management systems. This subdivision shall not be construed to authorize any reduction in current, ongoing implementation efforts.
(k) Participation in the confidential voter program does not override and cannot revoke confidentiality ordered by a court or confidentiality granted pursuant to Sections 2166.5, 2166.7, and 2166.8.

SEC. 2.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.