Voting in California

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Note: This article was last updated in January 2016. It will be updated again in January 2018.

Voting policies are enacted and enforced primarily at the state level. These policies, which include voter identification requirements, early voting provisions, online voter registration systems, and more, dictate the conditions under which American citizens cast their ballots in their individual states.

HIGHLIGHTS
  • California permits online voter registration, early voting, and no-excuse absentee voting.
  • In California, voters are not generally required to present photo identification at the polls.
  • DocumentIcon.jpg See state election laws

    Voter registration


    To vote in California, an individual must be U.S. citizen and California resident. A voter must be at least 18 years of age on Election Day.[1]

    On October 10, 2015, California Governor Jerry Brown (D) signed into law Assembly Bill No. 1461, also known as the New Motor Voter Act. The legislation authorized automatic voter registration in California for any individuals who visit the Department of Motor Vehicles to acquire or renew a driver's license. The law was scheduled to take effect in 2016.[2][3]

    California Secretary of State Alex Padilla said, "The New Motor Voter Act will make our democracy stronger by removing a key barrier to voting for millions of California citizens. Citizens should not be required to opt in to their fundamental right to vote. We do not have to opt in to other rights, such as free speech or due process."[2][3]

    Online registration

    See also: Online voter registration

    Traditionally, paper-based systems have been used by the states to register voters. Under these systems, a prospective voter completes a paper form and submits it to election officials. Officials then review the registration and, if appropriate, approve it, adding the name of the voter to the state's voter registration rolls. With an online registration system, a voter submits the required registration information via a website.[4]

    As of November 7, 2017, 36 states, as well as Washington, D.C., had implemented online voter registration systems. Another two states had passed legislation or adopted regulations authorizing online voter registration. The remaining states did not permit online voter registration.[4]

    California has implemented an online voter registration system. Residents can register to vote by visiting this website.

    Voting in elections

    President Barack Obama and others casting their ballots in 2012

    Voter identification

    See also: Voter identification laws by state

    As of December 4, 2017, 33 states enforced (or were scheduled to begin enforcing) voter identification requirements. A total of 18 states required voters to present photo identification, while 15 accepted other forms of identification. In some states, a voter who is unable to present valid identification may still be permitted to vote without casting a provisional ballot; this is known as a non-strict requirement. In 10 of the 18 states that require a photo ID, the requirement is non-strict. In 12 of the 15 states that require non-photo identification, the requirement is non-strict. In the remaining states, voters without valid forms of identification are required to cast provisional ballots; this is known as a strict requirement. Valid forms of identification differ by state. Commonly accepted forms of ID include driver's licenses, state-issued identification cards, and military identification cards.[5][6]

    According to the Office of the California Secretary of State, "in most cases, California voters are not required to show identification at their polling place." A voter may be asked to provide identification at the polls if it is his or her first time voting (this requirement applies if the individual registered by mail without providing a driver's license number, state identification number, or the last four digits of a Social Security number). Acceptable forms of identification include driver's licenses, utility bills, or any document sent by a government agency. For a complete list of acceptable forms of identification, see this list.[7]

    Poll times

    See also: State poll opening and closing times

    All polls in California are open from 7:00 a.m. to 8:00 p.m. Pacific Time.[8]

    Primary election type

    See also: Primary election

    California utilizes a top-two primary system, which allows all candidates to run and all voters to vote but only moves the top two vote-getters, regardless of party affiliation, to the general election.[9][10][11] Generally, primary elections are elections in which registered voters select a candidate that they believe should be a political party's candidate for elected office to run in the general election. In states that do not use a top-two system, both parties are usually able to put forward a candidate for the general election if they choose to.

    Unlike the top-two format used in some states (Louisiana and Georgia special elections for example), a general election between the top two candidates in California occurs regardless of whether the top candidate received 50 percent of the vote in the first round of elections. For example, in the 2014 California gubernatorial primary, Gov. Jerry Brown (D) won 54.3 percent of the vote while his closest opponent, Neel Kashkari (R), won 19.4 percent. Both advanced to the general election on November 4, where Brown received 60 percent of the vote and Kashkari received 40 percent. If this would have been a Georgia special election, Brown would have been declared the winner after the first round because he won more than 50 percent of the vote.

    As of 2017, California was one of three states to use a top-two primary system. Washington used the system for congressional and state-level elections, and Nebraska utilized a top-two system for its nonpartisan state legislature. Both California and Washington adopted their systems through direct democracy, with Washington passing Initiative 872 in 2004 and California approving Proposition 14 in 2010.

    Note: Presidential primary and caucus types can differ. See this article for further details about 2016 presidential primaries and caucuses. It should be noted that California voters who register as "no party preference voters" must request a presidential primary ballot; if they fail to do so, such voters will receive a nonpartisan ballot that does not include presidential candidates. For the 2016 presidential contest, the American Independent, Democratic, and Libertarian parties opted to allow "no party preference voters" to participate in their presidential primaries. The Green, Peace and Freedom, and Republican parties opted not to permit such voters to participate in their presidential primaries.[12]

    Absentee voting

    Verbatim fact check: Did California election officials give independent voters inconsistent and incorrect information about voting by mail?
    In order to vote by mail for a presidential candidate in the June 7 primary, independent voters had to request a special ballot. We found that instructions for how to obtain that ballot weren’t consistent from county to county, and some counties provided voters with incorrect information.
    Read Ballotpedia's Verbatim fact check »
    See also: Absentee voting

    All voters are eligible to vote absentee in California. There are no special eligibility requirements for voting absentee.[13]

    To vote absentee, an absentee ballot application must be received by elections officials at least seven days prior to the election. The completed ballot can be submitted by mail, but must be postmarked no later than Election Day. The completed ballot must be received by elections official no more than three days after Election Day. An absentee ballot can also be submitted in person to elections officials by close of polls on Election Day.[13]

    Early voting

    See also: Early voting

    Early voting permits citizens to cast ballots in person at a polling place prior to an election. In states that permit no-excuse early voting, a voter does not have to provide an excuse for being unable to vote on Election Day. States that do not permit no-excuse early voting may still permit some citizens to vote early, provided that they have valid reasons for doing so; this practice is known as in-person absentee voting. As of December 2017, 34 states and the District of Columbia permitted no-excuse early voting.[14][15][16]

    California permits no-excuse early voting. Learn more by visiting this website.

    Convicted criminals' voting rights

    See also: Voting rights for convicted felons

    Voting rights for convicted criminals vary substantially from state to state. In the vast majority of states, convicted criminals cannot vote while they are incarcerated, but may regain the right to vote upon release from prison or at some point thereafter. California is one of four states in which voting rights are restored to a convicted criminal immediately upon completion of prison and parole time.[9][17][18]

    Proposed reforms and issues

    2012

    Governor Jerry Brown (D) signed into law a same-day voter registration bill on August 24, 2012. The bill permitted voters to register on Election Day in California. However, it was not scheduled to take effect until 2016.[19]

    Election agencies

    Seal of the U.S. Election Assistance Commission
    See also: State election agencies

    Individuals seeking additional information about voting provisions in California can contact the following state and federal agencies.

    California Secretary of State:

    1500 11th Street, 5th Floor
    Sacramento, California 95814
    Telephone: 916-657-2166
    Fax: 916-653-3214
    http://www.sos.ca.gov/

    U.S. Election Assistance Commission

    1335 East West Highway, Suite 4300
    Silver Spring, Maryland 20910
    Telephone: 866-747-1471

    Election policy ballot measures

    Voting on elections and campaigns
    Campaignsandelections.jpg
    Ballot measures
    By state
    By year
    Not on ballot


    See also: Elections and campaigns on the ballot and List of California ballot measures

    Ballotpedia has tracked the following ballot measures relating to election and campaign policy in California.

    1. California Absentee Voting, Proposition 14 (1914)
    2. California Absentee Voting, Proposition 17 (1920)
    3. California Absentee Voting, Proposition 22 (1922)
    4. California Absentee Voting, Proposition 4 (1918)
    5. California Alien Poll Tax, Proposition 11 (1920)
    6. California Bond Election Qualifications, Proposition 13 (1914)
    7. California Direct Primaries, Amendment 3 (1908)
    8. California Direct Primary Law, Proposition 1 (October 1915)
    9. California Direct Primary Law, Proposition 4 (1916)
    10. California Election of County Officers, Amendment 5 (1896)
    11. California Elections by Ballot, Amendment 2 (1896)
    12. California Elections by Plurality, Proposition 23 (1914)
    13. California Elections of United States Senators, Proposition 32 (1914)
    14. California Form of Ballot Law, Proposition 2 (October 1915)
    15. California Indebtedness of Political Subdivisions, Proposition 21 (1926)
    16. California Municipal Elections, Proposition 17 (October 1911)
    17. California Non-Profit Donor Disclosure Initiative (2014)
    18. California Nonpartisan Ballots Initiative (2016)
    19. California Open Presidential Primaries (2014)
    20. California Poll Tax, Proposition 10 (1914)
    21. California Poll Taxes, Proposition 13 (1924)
    22. California Primary Elections, Proposition 23 (1926)
    23. California Prohibition Elections, Proposition 47 (1914)
    24. California Proposition 10, Disqualification of Some Voters (1974)
    25. California Proposition 12, Voting Eligibility Rules for "Infamous Crime" Felons (1954)
    26. California Proposition 13, the "Anti-Cross-Filing Initiative" (1952)
    27. California Proposition 131, Ethics, Term Limits and Campaign Finance Act (1990)
    28. California Proposition 136, Taxpayers Right-to-Vote Act (1990)
    29. California Proposition 137, Rules Governing Initiatives (1990)
    30. California Proposition 14, Top Two Primaries Act (June 2010)
    31. California Proposition 14, Voter Registration (1930)
    32. California Proposition 15, Older Voters Relieved of Educational Requirement (1966)
    33. California Proposition 15, Public Funding of Some Elections (June 2010)
    34. California Proposition 16, Repeal of the Educational Poll Tax (1946)
    35. California Proposition 16, Supermajority Vote Required to Create a Community Choice Aggregator (June 2010)
    36. California Proposition 168, Elections on Low-Rent Housing Projects (1993)
    37. California Proposition 17, Rules for Adopting City Charters (1932)
    38. California Proposition 17, Timing of Elections on Initiatives (1938)
    39. California Proposition 18, Absentee Ballot Rights (1928)
    40. California Proposition 18, Rules for Adopting County Charters (1932)
    41. California Proposition 19, City Charter Provisions for Nomination and Election of Officers (1932)
    42. California Proposition 198, the Open Primary Act (1996)
    43. California Proposition 2, Increase in Length of State Assembly Term (1960)
    44. California Proposition 20, Congressional Redistricting (2010)
    45. California Proposition 20, County Charter Provisions for Nomination and Election of Officers (1932)
    46. California Proposition 20, Political Candidates Who Defame Their Opponents (1984)
    47. California Proposition 208, Campaign Contribution and Spending Limits (1996)
    48. California Proposition 21, Elections of Superior Court Judges (1962)
    49. California Proposition 212, Campaign Spending and Contribution Limits (1996)
    50. California Proposition 219, Uniform Application of Ballot Measures (1998)
    51. California Proposition 22, Municipal Charter Amendment Elections (1930)
    52. California Proposition 226, the "Paycheck Protection" Initiative (1998)
    53. California Proposition 23, the "None of the Above" Act (2000)
    54. California Proposition 25, Campaign Contribution Limits (2000)
    55. California Proposition 25, Residency Requirement for Voting Eligibility (1930)
    56. California Proposition 26, Approval of Local School Bonds by Majority Vote (2000)
    57. California Proposition 27, Elimination of Citizen Redistricting Commission (2010)
    58. California Proposition 3, the Closed Primaries Act (1998)
    59. California Proposition 32, the "Paycheck Protection" Initiative (2012)
    60. California Proposition 34, Limits on Campaign Contributions (2000)
    61. California Proposition 4, Charter Provisions Governing Election of Local Officials (June 1978)
    62. California Proposition 4, Election Returns for Governor and Lieutenant Governor (1940)
    63. California Proposition 4, Eligibility to Vote in the Event of a Pre-Election Move (1950)
    64. California Proposition 4, Low-Rent Housing Amendment (June 1980)
    65. California Proposition 4, Open Presidential Primary (June 1972)
    66. California Proposition 40, Campaign Contribution Limitations (1984)
    67. California Proposition 41, Bonds for Modern Voting Equipment (March 2002)
    68. California Proposition 43, Constitutional Right to Have One's Vote Counted (March 2002)
    69. California Proposition 49, Political Parties Forbidden to Endorse Non-Partisan Candidates (1986)
    70. California Proposition 52, Election Day Voter Registration (2002)
    71. California Proposition 53, Voter Approval Requirement for Revenue Bonds above $2 Billion (2016)
    72. California Proposition 59, Elections of County District Attorneys (1986)
    73. California Proposition 6, Elected County Sheriffs (June 1978)
    74. California Proposition 6, Publication of State Bond Proposals (1958)
    75. California Proposition 6, Selection of State and County Boards of Education (June 1970)
    76. California Proposition 6, Voting Rights of Naturalized Citizens (June 1972)
    77. California Proposition 60, Political Party Election Rights Act (2004)
    78. California Proposition 62, "Modified Blanket" Primaries Act (2004)
    79. California Proposition 62, Voter Approval of Local Taxes (1986)
    80. California Proposition 66, Elected County Assessors (June 1988)
    81. California Proposition 68, Campaign Spending Limits (June 1988)
    82. California Proposition 7, Ballot Designation of Partisan Affiliations (1952)
    83. California Proposition 7, County Boards of Education (1946)
    84. California Proposition 7, Day of Precinct Residence Required for Voting Eligibility (1948)
    85. California Proposition 7, Open Presidential Primaries (1972)
    86. California Proposition 73, Limits on Campaign Donations (June 1988)
    87. California Proposition 77, Rules Governing Legislative Redistricting (2005)
    88. California Proposition 8, Felons Not Allowed to Vote While Serving Sentence (1960)
    89. California Proposition 8, Registration of Voters (1936)
    90. California Proposition 8, Residency Requirement for Casting a Presidential Vote (1958)
    91. California Proposition 8, Superior Court Judicial Elections (1964)
    92. California Proposition 8, Superior Court Judicial Vacancies (1948)
    93. California Proposition 89, Public Funding for Political Campaigns (2006)
    94. California Proposition 9, Creation of the Fair Political Practices Commission (June 1974)
    95. California Repeal Top-Two Primary Initiative (2018)
    96. California Rules for Voter Residence, Proposition 18 (1924)
    97. California Senatorial Elections, Proposition 1 (1892)
    98. California Top-Four Primary Initiative (2018)
    99. California Voter Eligibility, Proposition 13 (1926)
    100. California Voter Qualifications, Proposition 3 (1892)
    101. California Women's Suffrage, Amendment 6 (1896)
    102. California Women's Suffrage, Proposition 4 (October 1911)

    Election policy legislation

    The following is a list of recent election bills that have been introduced in or passed by the California state legislature. To learn more about each of these bills, click the bill title. This information is provided by BillTrack50 and LegiScan.

    Note: Due to the nature of the sorting process used to generate this list, some results may not be relevant to the topic. If no bills are displayed below, no legislation pertaining to this topic has been introduced in the legislature recently.

    Recent news

    The link below is to the most recent stories in a Google news search for the terms California voting. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.

    See also

    Elections in California

    External links

    Footnotes

    1. California Secretary of State, "Voter Registration," accessed June 9, 2014
    2. 2.0 2.1 The Los Angeles Times, "Gov. Brown approves automatic voter registration for Californians," October 10, 2015
    3. 3.0 3.1 The Sacramento Bee, "California voter law could register millions–for a start," October 20, 2015
    4. 4.0 4.1 National Conference of State Legislatures, "Online Voter Registration," September 22, 2015
    5. National Conference of State Legislatures, "Voter Identification Requirements|Voter ID Laws," June 5, 2017
    6. The Washington Post, "Do I need an ID to vote? A look at the laws in all 50 states," October 27, 2014
    7. California Secretary of State, "Where and How to Vote," accessed August 30, 2016
    8. California Secretary of State, "Section 2: Polling Place Hours," accessed January 21, 2015
    9. 9.0 9.1 National Conference of State Legislatures Website, "State Primary Election Types," accessed January 6, 2014 Cite error: Invalid <ref> tag; name "ncsl" defined multiple times with different content
    10. Fair Vote, "Congressional and Presidential Primaries: Open, Closed, Semi-Closed, and 'Top Two,'" accessed January 6, 2014
    11. Ballotpedia research conducted December 26, 2013, through January 3, 2014, researching and analyzing various state websites and codes.
    12. California Secretary of State, "No Party Preference Information," accessed April 26, 2016
    13. 13.0 13.1 California Secretary of State, "Frequently Asked Questions," accessed January 21, 2015
    14. National Conference of State Legislatures, "Absentee and Early Voting," October 21, 2014
    15. Demos, "What is Early Voting?" July 15, 2013
    16. Politico, "The Case Against Early Voting," January 28, 2014
    17. American Civil Liberties Union, "State Criminal Re-enfranchisement Laws," accessed May 26, 2015
    18. Brennan Center for Justice, "Restoring the Right to Vote by State," March 27, 2014
    19. San Jose Mercury News, "Gov. Jerry Brown signs Election Day voter registration bill into law," September 25, 2012