Under present law, a person signing an election petition authorized under state law, whether for nomination of a candidate, for a referendum, or for any other purpose, must include the address of that person's residence. This bill adds that a person signing an election petition authorized under state law, whether for nomination of a candidate, a referendum, or for another purpose, must be a qualified and registered voter, and must include the person's residential address handwritten in legible English alphabetic characters as shown on such person's valid voter registration card in order for that person's signature to be counted. Under this bill, the following criteria applies to the counting of a signature of an election petition per the address provided by the signatory: (1) If the address is within the precinct for which the person is signing the petition, but is not the same as the address shown on the person's voter registration record, then the signature is valid and must be counted; (2) If the address is outside of the precinct for which the person is signing the petition, regardless of the address shown on the person's voter registration card, then the signature is invalid and must not be counted; and (3) If the address includes information on a petition that exceeds the information contained on the person's voter registration record, the signature must not be invalidated for that reason if there is no conflict between such information. If, however, such information conflicts, the signature is invalid, and must not be counted. This bill also provides that a registered voter who is eligible to vote in the election in question may sign an election petition authorized by state law. "SIGNATURE" As used in this bill, "signature" means: (1) The full, legal handwritten signature of a registered voter or person qualified to register to vote in this state, in legible English alphabetic characters, unless an exception applies pursuant to federal law. "Signature" includes one or more initials of a registered voter with the voter's full legal last name in lieu of the voter's full legal name if the voter's registration record or voter registration card uses only one or more initials and the voter's full legal last name; and (2) If a voter is physically unable to write the voter's name, the voter's individual mark, such as an "X," with the voter's full legal name written in legible English alphabetic characters by a witness who is a registered voter in the same county and who witnessed the voter make the voter's mark. The witness must also write the witness's own name in legible English alphabetic characters next to the voter's mark and written name, and must verify the identity of the voter using a legal document acceptable to register to vote. VERIFYING VOTER SIGNATURES This bill requires the signature of a voter on an election petition authorized by state law be compared by the county election commission to the signature on the voter registration record of the signatory. A petition signature must bear sufficient resemblance to the signature on the voter's registration record for a lay person to discern that the signatures were written by the same person, as determined by the county election commission. The county election commission must not use or require extraneous evidence, such as oral testimony or affidavits, in order to verify the validity of the handwritten signatures on petitions or other election-related documents. VOTER REGISTRATION AND CHANGE OF ADDRESS This bill requires that voters, including those who are homeless, be registered to vote in accordance with state election laws. In order for county and state voter registration records to be current and correct, and to make the process of voting and verifying signatures easier for election officials and voters, this bill requires each registered voter to be responsible for notifying the voter's county election commission and update the voter's registration when the voter moves, whether within the county or to another county, or to another state or territory. The required residential address written by a voter or a witness on a petition is sufficient if it contains the street number, street name, city, if applicable, and state. REQUIREMENTS FOR PETITION TO BE COUNTED Under present law, the signer of a petition must include the address of the signer's residence as shown on the signer's voter registration card in order for that person's signature to be counted. This bill provides, instead, that the signer of a petition must comply with the requirements of this bill in order for that voter's signature to be counted. REMOVES CERTAIN PROVISIONS Present law provides that a person's regular signature must be accepted just as the person's legal signature would be accepted (for example, "Joe Public" would be accepted just as "Joseph Q. Public" would be accepted). The bill removes this provision under present law. Present law also states that if a registrant's disability prevents the registrant from writing a signature or making a mark, then the person who assists the registrant must write the name for the registrant, and the person must indicate this action by signing their name immediately after the space for the registrant's signature or mark. The bill also removes this provision under present law.

Statutes affected:
Introduced: 2-1-104(a), 2-1-104, 2-1-107, 2-2-122, 2-5-101(b)(2), 2-5-101