California Code of Regulations
Title 2 - Administration
Division 7 - Secretary of State
Chapter 1 - Voter Registration
Article 2.5 - Statewide Voter Registration System
Section 19072 - Deficient Registration Records

Universal Citation: 2 CA Code of Regs 19072

Current through Register 2024 Notice Reg. No. 12, March 22, 2024

(a) Any paper affidavit of registration, excluding a print-out of an electronic affidavit of registration, that is missing required substantive registration information specified in Sections 2150 and 2154 of the Elections Code, shall be processed as follows:

(1) The information from the deficient paper affidavit of registration may be held in a separate location in the county EMS from the list of current voters. A deficient registration record that would update an existing voter record shall not update the existing voter record until the county receives all required registration information.

(2) Once all required registration information is received, the county elections official shall enter the affidavit of registration information into their EMS and apply an effective date as specified in Section 19076.

(b) Any affidavit of registration received electronically through online voter registration that is missing required registration information specified in Sections 2150 and 2154 of the Elections Code shall be processed as follows:

(1) The affidavit of registration shall be held in a separate location in the county EMS from the list of current voters. A deficient registration record that would update an existing voter record shall not update the existing voter record until the county receives all required registration information.

(2) Once all required registration information is received, the county elections official shall enter the affidavit of registration information into their EMS and apply an effective date as specified in Section 19076.

(c) Any registration record submitted to the statewide voter registration system that lacks information specified in Section 2150 of the Elections Code, and to which no presumption pursuant to Section 2154 of the Elections Code applies, shall result in a deficiency notice. The county elections official receiving such notice shall process the affidavit of registration or registration record as follows:

(1) Within five (5) business days of receipt of a deficiency notice from the statewide voter registration database, the county elections official shall attempt to contact the voter and collect the missing information and submit that missing information, once received, to the statewide voter registration system.

(2) If the county elections official is unable to obtain information from the voter to complete the missing information within 180 days of receipt of the registration, the deficient affidavit of registration shall be rejected.

(3) An active voter who has submitted a new affidavit of registration that is identified as deficient pursuant to this subdivision shall not have their status changed to pending or inactive and shall remain as an active voter and be permitted to vote a nonprovisional ballot.

(d) If a deficient affidavit of registration or a deficient registration record is received by the county elections official on or before the 15th day before the election and the election official receives the missing information after the 15th day before the election, the registrant shall have until the two days prior to the election official certifying the results of the election to resolve all deficiencies to be considered a registered voter for that election.

(e) An individual who is not registered to vote pursuant to this subdivision shall be allowed to vote a provisional ballot in accordance with Section 14310 of the Elections Code or to register conditionally and vote in accordance with Section 2170, et seq, of the Elections Code. In the event eligibility is determined, the provisional ballot shall be accepted but, to the extent feasible and when applicable, not processed until all counties have posted polling place voter participation 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 (Register 2020, No. 35).

Note: Authority cited: Section 12172.5, Government Code; and Sections 10 and 2168, Elections Code. Reference: Sections 2150, 2153, 2154, 2170, 2171, 2172, 2173 and 14310, Elections Code; and 52 U.S.C. Section 21083.

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