Motion for Judicial Notice in Steven Pappas v. Doreen Farr| Trellis.Law

On December 31, 2008 a Request,Application was filed involving a dispute between Pappas, Steven, and Farr, Doreen, for civil in the District Court of Santa Barbara County.

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Fredric Woocher State Bar No. 96689
STRUMWASSER & WOOCHER LLP
10940 Wilshire Blvd., Suite 2000 l LE D -
Los Angeles, CA 90024
Telephone: (310) 576-1233
Fax: (310)319—0156
SUPERIE‘ICOUHTOICAUFOHNIA
COUNTY OF SANTA BARBARA

JAN 2 9 2009
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Philip A. Seymour
4894 Ogram Road
State Bar No.

Santa Barbara, California 93105
Telephone: (805) 692-9335
1 16606 mm M‘ BLAIR, exec. OFFICER
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PIKKI BASS!
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Fax: (310) 964-1907
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Attomeys for Defendant Doreen Farr
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11 SUPERIOR COURT OF THE STATE OF CALIFORNIA __
12 FOR THE COUNTY OF SANTA BARBARA
13

14 STEVEN PAPPAS, Case No. 1304851

15 Contestant, REQUEST FOR JUDICIAL NOTICE
IN SUPPORT OF MOTION lN
16 vs. LIMINE OF DEFENDANT DOREEN
FARR; DECLARATION OF PHILIP
17 DOREEN FARR, SEYMOUR
18 Defendant. Date: February 9, 2009
Time: 1:30 pm.
19 Dept: Five

20
Petition Filed: Dec. 31, 2008
21 Trial Date: February 17, 2009
22 Assigned For Purposes to the
Honorable William M eLafferty
23

25 Defendant Doreen Farr respectfully requests, pursuant to Evidence Code §§ 452(e)

26 and 453, that the Court takejudieial notice of the documents attached hereto as Exhibits A
27 through C in connection with her Motion in Limine scheduled for hearing at 1:30 p.m.- on

28 February 9, 2009. The documents submitted forjudieial notice are the following:

Defendant’s Request for Judicial Notice in Support of Motion in Limine 0009
,5. .3
Exhibit A -- Excerpts from Secretary of State Guide to Voter Registration in California

(2006), available at http://www.sos.ea.gov/eleetions/guidetovr 1006.pdf.
Exhibit B -- Blank Voter Registration Afﬁdavit (County of Santa Barbara).
I

Exhibit C -- Voter Registration Card Statement of Distribution
MEMORANDUM OF POINTS AND AUTHORITIES
Exhibit A is a copy of relevant portions of an ofﬁcial document of the Secretary of
State of California downloaded from the ofﬁcial website of the Secretary of State.
(Declaration of Philip Seymour, 1] 2.) Exhibit B is an ofﬁcial voter registration form (aka

registration afﬁdavit - see Elections Code §§ 2100 et seq.) approved by the Secretary of
10 State and utilized by Santa Barbara County election ofﬁcials. (Seymour Dee1., 1| 3.)

11 Exhibit C is an ofﬁcial forrn prepared by the Secretary of State’s ofﬁce and used by the
12 County of Santa Barbara for recording the distribution plans of private individuals and

13 organizations intending to distribute and gather voter registration affidavits.
14 Judicial notice of these documents is authorized by Evidence Code § 452(c). (See,

15 e g., Serrano v. Priest (1971) 5 Cal.3d 584, 591; Californians for Fair Representation — No

16 On 77 v. Superior Court (2006) 138 Cal.App.4th 15, 25 fn. 3, 4.) The documents are

17 relevant to matters of interpretation of the California Elections Code. As the chief
18 elections ofﬁcer-of the State of California, the administrative interpretation of provisions of
19 the Elections Code by the Secretary of State is entitled to substantial deference in
20 interpreting the codes.‘ (Pacific Legal Foundation v California Unemployment Insurance
21 Appeals Board(l981) 29 Cal.3d 101, ll 1; Californians for Political Reform Foundation v.
22 Fair Political Practices .Comm. (1998) . al.App.4th 472, 484.)

23 Date: January 19, 2009

24
P ilipA. Seymour
25
Fredric Wooeher
26 STRUMWASSER & WOOCI-IER LLP
27 Attorneys for County Supervisor and Defendant
DOREEN FARR
28

Defendant’s Request for Judicial Notice in support of Motion in Limjne 00096
. 7 ‘
_
DECLARATION OF PHILIP A. SEYMOUR
I, Philip A. Seymour, declare:

I. ‘
I am an attorney duly licensed to practice law in the State of California and
have practiced in this State for 24 years. I am one of the attorneys representing defendant
Doreen Farr in this election contest. The following statements are true of my own personal
knowledge.

2. The document attached as Exhibit A to this declaration and Request for

Judicial Notice is a true and correct copy of pages through 28 of the Guide to
1 Voter

Registration in California (2006) published by the California Secretary of State. This
10 exhibit includes the entire main text of the document, but excludes the Appendices of the
11 document in the interests of avoiding duplication of material that is unrelated to the
12 purpose for which the document is offered. The document was downloaded and printed

13 directly from the Secretary of State’s official intemet website, at the intemet address
14 http://www.sos.ca.gov/elections/guidetovr_1006.pdf.
15 3. . The document attached as Exhibit B to this declaration and Request for

16 Judicial Notice is a true and correct original blank voter registration form (aka voter
17 registration affidavit) obtained by me personally from the County of Santa Barbara
18 Elections Division offices at 130 East Victoria Street, Suite 200, Santa Barbara, California
19 on January 28, 2009.
.

20 4. The document attached as Exhibit C is a true and correct copy of a Voter
21 Registration Card Statement of Distribution form obtained from the Elections Division of
22 the County of Santa Barbara on January 28, 2009.
23

24 I declare under penalty of perjury under the laws of the State of California that the
25 foregoing is true and correct. Executed on January 29, 2009 at Santa Barbara, California.
26

27 I
Phhip A. Seymour
28

3
I

Defendant’s Request for Judicial Notice in Support of Motion in Limine 00097
'

EXHIBITA
»

EXHIBIT A ~

EXHIBIT A
-

EXHIBIT A

EXHIBIT A ‘
Secretary
of
State

Guide to
Voter Registration in

www.ss.ca.gov
1-800-34 S-VOTE

00099
Table of Contents

CHAPTER I. THE VOTER REGISTRATION CARD
A. THE BASICS OF VOTER REGISTRATION
State Form versus County Form ................................................................... 1

The National Postcard Form ......................................................................... 1
The Federal Post Card Registration and Absentee Ballot Request
(FPCA) Form ................................... 1

Which Card To Use ....................................... ............................................... 2
'

Where to Obtain Voter Registration Cards ............ ........................................ 2
.

How to Return Completed Registration Cards ............................................. 3
Can a Registration Card from One County Be Used to Register a
Resident ofAnother County? ..... 3
Deadline for Voter Registration ..................................................................... 3
Who Can Register to Vote ............................................................................. 4
Citizenship ..... ............................................................................. 4
_

Residency ........................................
Moving Prior to or After the Close of Registration ...................... 5
Age ............................................................................................. 5
In Prison or On Parole for the Conviction of a Felony ................ 5
Mental Incompetency ...........
Who Can Register People to Vote ................................................................ 6
Deputy Registrars of Voters .............................................. ......... 6
-

Partisan Political Activity While Registering Voters ....................................... 6
You Must Give a Voter Registration Card to Anyone Who Requests One ...6
A Person Need Not Be Able to Speak and/or Write English in Order to
Register to Vote ........................................................................... 7
You Cannot Charge Someone a Fee to Register to Vote ............................. 7
'

Registration Is Permanent .............................. ............................................... 7
Cancellation of a Voter's Registration .......................................................... 7
Change of Political Party or Voter’s Name .................................................... 8
The Distributor May Not Fill in the Blanks on Voter Registration Cards .......8

00100
Sign under Penalty of- Perjury ........................................................................ 9
Information on Voter Registration Cards Is Conﬁdential ............................... 9
A Photocopied or Othen/vise Duplicated Voter Registration Card Cannot
Be Used ..................................................................................... 9
Returning the Completed Card .................................................................... 10
Offering Incentives for Registering Voters ........................................... 1O
IMPORTANT NEW INFORMATION ABOUT VOTER REGISTRATION
‘
IDENTIFICATION REQUIREMENTS I

The Voter Must Provide Identiﬁcation ........................................... ....... 10
The Elections Ofﬁcial Must Verify that the Identiﬁcation Is Correct before
the Applicant Is Registered and Eligible to Vote ................................ 11

B. FILLING OUT THE VOTER REGISTRATION CARD
There Are Three Portions to Each Card ...................................................... 11
The Registration Form .....................................
The Instruction Portion ........................................ 11
The Stub ................................................................................... 11
Complete the Card in its Entirety ........................ ........................................ 12
.

Most Common Omissions ........................................................................... 12
Missing Identiﬁcation Information...
County ...................................................................................... 12
Citizenship Oval ............................................................. 12
Birthplace ................................................................................. 12
I

Signature...
Date .......................................................................................... 12
Prior Registration ...................................................................... 12
Use Ink or Other Non-Erasable Material ..................................................... 12
Print Legibly ....................................................................................... ..

What Happens If the Card Is Not Filled Out Completely? ........................... 13
Completing Each Section of the Card ......................................................... 13
Box 1: Name ............................................................................. 13
'
Box 2: Address ......................................................................... 13
Box 3: If No Street Address ...................................................... 13
Box 4: Mailing Address ............................................................. 14

00101
Box 5: Date of Birth ..................................................... ............ 14
'.

Box 6: Place of Birth ................................................................. 14
Box 7: CA Driver’s License or Identiﬁcation Card Number and
, Social Security Number............: ....................................... 14
Box 8: Telephone Number and E-mail Address (Optional) ....... 14
Box 9: Political Party ................................................................. 15
Box 10: Previous Registration .................................................. 15
Box 11: Permanent Absentee Voter/Additional Information ...... 16
Box 12: Signature of Person Assisting ..................................... 16
Box 13: Signature, Citizenship, Age, Declaration, Date and
Serial Number ........................................................... 16 '

Boxes 14 and 15: Optional Polling Place Information and
Optional Ethnic Information ................................................ 17
Blank Boxes on the Form ......................................................... 17
Registration Form Receipt ........................................................ 17

CHAPTER II: THE VOTER REGISTRATION DRIVE
A. PLANNING THE VOTER REGISTRATION DRIVE
Contact Your Local Elections Ofﬁce ............................................................ 18
Do Your Homework ..................................................................................... 18
Gather Some Data ...................................................................................... 18
The Distribution Plan ................................................................................... 19
Paying Individuals to Assist Others in Registering to Vote .......................... 19

CHAPTER III: TRAINING YOUR TEAM
TRAINING IS IMPORTANT! ............................................................... 20
Ask Your Local Elections Ofﬁcial ................................................................. 20
Basic Information ........................................
Sample Voter Registration Information Sheet ............................................. 21
Commonly Asked Questions ...................................................................... 22

Ill

00102
. O
CHAPTER IV: REGISTRATION PENALTIES
A. PENALTIES FOR THE VOTER
Perjury ......................................................................................................... 24
Registration of Persons Not Entitled to Register .

Fraudulent Voting ....................................................................................... 24
Imposition of a Fine ..................................................................................... 25
B. PENALTIES FOR THE PERSON REGISTERING VOTERS
Registration of Persons Not Entitled to Vote ............................................... 25
Registration of Nonexistent Persons ........................................................... 25
Registration of a Person without His or Her Consent or Registration of a
Fictitious Person ........................................................................ 25
Interference with Transfer of Afﬁdavit to County Elections Ofﬁcial .............. 26
Alteration of Party Afﬁliation 26
Mailing Voter Registration Cards ................................................................. 26
Failure to Provide a Voter Registration Receipt .......................................... 26
Box 12 on the Registration Form ..................................................
Failure to Give a Registration Card to a Person Requesting One ............... 27
Voter Registration Lotteries, Prizes, Contests ............................................. 28
Subornation of Perjury ................................................. ; .............................. 28
Printed Statements on Registration Form ................................................... 28
APPENDICES
California Elections Ofﬁce Contact Information (Appendix A) .................. A- 1
Qualiﬁed Political Party Contact Information (Appendix B) ...................... B-1
Sample Statement of Circulator’s Responsibilities and Liabilities
(Appendix C) .......................................................................... C-1
Possible Voter Registration Fraud Indicators (Appendix D)... .. ...D—1

What's New for 2006’? (Appendix E) ................................................. E-1

00103
no o.
This Guide has been developed by the Office of the
Secretary of State to help political parties, voter
registration drive cOordinators, petition management
companies, circulators, and volunteers understand their
responsibilities and requirements when helping citizens
register to vote.

The Secretary of State has an Election Fraud Investigation
Unit that vigorously responds to possible violations of the
California Elections Code and the Penal Code relating to
election, voter registration, petition, and voter fraud.

If you have questions or witness activity that you suspect
may be improper, please contact the Secretary of State’s
Elections Division at (916) 657-2166.

This publication is for general information only and does not have
the force and effect of law, regulation or rule. In case of conflict,
the law, regulation or rule will control. Interested persons should
obtain the most up-to-date information available because of
possible changes in law or procedure since publication of this
document. ‘

Published October 2006

00104
CHAPTER I

THE VOTER REGISTRATION CARD

A. THE BASICS OF VOTER REGISTRATION
STATE FORM VERSUS COUNTY FORM

California uses two types of voter registration cards: a state card and a county card.
The main difference between the two cards is the pre-printed return address. The
state card is printed with the return address of the Secretary of State‘s Ofﬁce in
Sacramento, while the return address of the county card is speciﬁc to one of
California’s 58 counties. State cards come to the Secretary of State’s Ofﬁce and are
then sorted and fonNarded to the appropriate county elections Ofﬁce. Each county
distributes registration cards with its own elections ofﬁce as the return address.

The state card is printed in English. as well as in Spanish, Chinese. Japanese,
Korean, Tagalog, and Vietnamese, as required by the federal Voting Rights Act
(VRA) of 1965. The VRA requires jurisdictions with minority—language residents of
over a certain percentage of the population to provide election materials in
languages other than English

THE NATIONAL POSTCARD FORM

The national voter registration form is also available for US. citizens who live. or
have an address, within the United States. Citizens-using these forms should refer
to both the application instructions and the state instructions enclosed with each
application.

THE FEDERAL POSTCARD REGISTRATION AND ABSENTEE BALLOT
REQUEST (FPCA! FORM

The Federal Postcard Registration and Absentee Ballot Request (FPCA) form is
designed for US. citizens who reside outside the United States and were domiciled
in California immediately before leaving the United States. The Help America Vote
Act of 2002 (HAVA) has 'extended the effective period of the FPCA through two
regularly scheduled general elections for federal ofﬁce. These forms are mainly
used for military personnel and their families who are temporarily residing overseas.
For additional information, visit the Federal Voting Assistance Program’s web site at

00105
'0 .
'0
WHICH CARD TO USE

If your voter registration drive is being conducted exclusively in one county, you
should use registration cards distributed by that county elections ofﬁce containing its
pre-printed return address. It is best to use the coUnty-speciﬁc forms. since some
counties put additional election information on them. It also ensures faster receipt
and processing by the local elections ofﬁcials.

Even if you are conducting a regional voter registration drive involving several
counties, you are encouraged to use registration cards speciﬁc to each county.

Although it is usually best to use county-speciﬁc cards, you may want to use the
state card if you are planning a statewide voter registration drive. For example, you
might plan to register voters at an event or activity that will attract persons from
many different counties. Completed state cards are mailed to the Secretary of
State's Ofﬁce in Sacramento, where they are then sorted and forwarded to the
appropriate county elections ofﬁce.

Properly completed registration forms are considered valid and timely when
postmarked by the U. S. Postal Service or hand delivered to the county elections
ofﬁce on or before the 15m day prior to the election. Registration deadlines are the
same for all voter registration forms regardless of whether they are received by the
Secretary of State or by the counties.

While it is preferable to use either the state or county-speciﬁc card, there are certain
instances when use of the National or the Federal Postcard Registration and
Absentee Ballot Request form is more appropriate. In these cases, the forms should
be used to meet the speciﬁc needs of the voter. They should not be used as the
main forms for registering voters currently living in California.

WHERE TO OBTAIN VOTER REGISTRATION CARDS

To get county voter registration cards, contact the appropriate county elections
ofﬁcial. Appendix “A" contains a complete list of contact information for each county .

elections ofﬁce.

Elections Code § 2158 speciﬁes that voter registration cards must be provided in
sufﬁcient quantities to any citizen or organization who wishes to distribute the cards,
with the exception that county elections ofﬁcials may decline to give cards to anyone
who has been convicted of violating voter registration laws within the last ﬁve years.
The elections ofﬁcial may require anyone wishing to conduct a voter registration
drive to submit, in writing, a reasonable plan for the distribution of voter registration
forms before agreeing to provide a supply of cards for the drive.

Any individual group or organization requesting 50 or more state voter registration
cards from the Secretary of State's Ofﬁce must complete and submit a Statement of
provided the requested registration cards.

00106
For your convenience, the Statement of Distribution form is available on the
Secretary of State's web site at http://www.ss.ca.qov/elections/elections vr.htm and
by clicking on: Statement of Distribution Form. The completed statement and plan of
distribution can either be faxed to the Secretary of State's Ofﬁce at (916) 653-3214,
or mailed to:

Ofﬁce of the Secretary of State
Elections Division
1500 11"1 Street, 5"1 Floor
Sacramento, CA 95814

Upon receiving a completed request by fax or mail, the Elections Division will
process the request within 48 hours. For additional assistance, please contact the
Secretary of State's Elections Division at (916) 657-2166.

National Voter Registration Application forms and Federal Postcard Registration and
Absentee Ballot Request forms can be obtained at the county elections ofﬁce (refer
to Appendix A for contact information) or on the Secretary of State‘s web site at
www.ss.ca.qov/elections/enqlish.pdf and http://www.fvap.qov/.

lf you want to conduct a mass mailing of voter registration forms without targeting
unregistered, eligible citizens and without the intended recipients having asked for
the forms, the Secretary of State will work with you to design a distribution plan in
order to ensure cards are not wasted. Some organizations offer to pay the printing
costs for the voter registration forms themselves.

HOW TO RETURN COMPLETED REGISTRATION CARDS

Completed cards may be returned either by mail or in person. If an individual
accepts a completed card from a registrant, that card must be returned to the county
elections ofﬁcial or Secretary of State within three days of receiving it.

CAN A REGISTRATION CARD FROM ONE COUNTY BE USED TO REGISTER A
RESIDENT OF ANOTHER COUNTY?

Yes. If a resident of one county uses another county’s form to register, the county
that receives the form will fon/vard it to the proper county, pursuant to Elections Code
§ 2114. However, it is best to use the county-speciﬁc cards whenever possible to
avoid delays in getting the registrant on the voter rolls.

DEADLINE FOR VOTER REGISTRATION

Even though citizens can register to vote at any time, if they want to vote in an
upcoming election, they must register no later than 15 days before that election. A
completed registration card delivered in person to an elections ofﬁce must be
received no later than 15 days before an election. (Elections Code §§ 2102 and
2107) If the elections ofﬁcial receives a mailed card that is postmarked on or before
15 days before the election, or a registration is completed at the Department of

00107
Motor Vehicles by that deadline, it is treated as timely received. By law, the name,
residence address, date of birth, state or country of birth, and driver’s license or
state identiﬁcation card number (or last four digits of the Social Security number if no
driver‘s license or state identiﬁcation card has been issued to the registrant), must
be provided and the form must be signed under penalty of perjury before a
registration can be deemed to be valid and the voter can be treated as actively
registered.

WHO CAN REGISTER TO VOTE

In order to register to vote, a person must:
0 Be a citizen of the United States;
. Be a resident of California;
. Be at least 18 years of age at the time of the next election;
0 Not be in prison or on parole for the conviction of a felony; and
. Not have been deemed by an appropriate court to be mentally
incompetent.

CITIZENSHIP

The most basic requirement for registering to vote is United States citizenship.
Citizenship is deﬁned in both-federal and state law. The 14‘h Amendment to the
United States Constitution states, “All persons born or naturalized in the United
States and subject to the jurisdiction thereof, are citizens of the United States and of
the state wherein they reside." A person is not a citizen simply because he or she
resides in California or is married to a U.S. citizen.

While federal law requires the voter to check a box on the registration form to
indicate that he or'she is a US. citizen, Elections Code § 2111 says that an
individual who signs an afﬁdavit of registration under penalty of perjury is assumed,
in the absence of contrary information, to be a citizen. Elections Code § 2112
additionally states that an afﬁdavit of registration is proof of citizenship for voting
purposes only; it cannot be used to prove citizenship for any other purpose.

RESIDENCY

Section 3 of Article ll of the California Constitution requires the Legislature to "deﬁne
residence." A residence, for purposes of voter registration, is the address speciﬁed
by the voter. A voter may- have more than one residence, but may only register to
vote at the one he or she considers his or her domicile. For example, a voter may
have homes in Red Bluff and San Diego, spending a portion of his or her time in
each. In this case, the voter should register at the one address he or she considers
the principal residence, at which he or she has the intention of remaining, and to
which he or she, when away, intends to return.

A person’s residence status depends upon both his or her action and intent. If he or '
-

she moves to another state or another country, but intends to return, that person

, 00108
may still claim residency in California. However, he or she cannot register in another
state and also continue to vote in California.

lf a person is in the service of the United States or the State of California, that
person may retain residency in California for voting purposes if stationed elsewhere.
(Elections Code § 2025.)

A college student may register to vote either at his or her college address, or at his
or her hometown or parent’s address, whichever is the address he or she considers
primary, and to which he or she intends to return. Students should be sure to ﬁll out
the prior registration part of the form to cancel their previous registration no longer in
effect when re-registering at the college address. -

In a 1985 Court of Appeal decision, the court held that a homeless person may
register to vote at a location deemed by the voter to be a dwelling place or place of
habitation for that voter. A mailing address needs to be provided in order for the
voter to receive election materials.

MOVING PRIOR TO OR AFTER THE CLOSE OF REGISTRATION

A registered voter who moves after the 15"1 day prior to an election may return to his
or her previous polling place and vote under the provisions of Elections Code § 2035
or, in some circumstances, vote at his or her new polling place under the fail-safe
provisions set forth under the National Voter Registration Act (NVRA).

The NVRA permits a voter who moves within the same county and the same
congressional district, and who does NOT re-register to vote prior to the close of
registration, to cast a ballot in federal elections. Elections Code § 14311 extends
"fail-safe/provisional“ voting to all elections in California, notjust those having federal
offices on the ballot. ,

The state "fail-safe/provisional” voting procedure applies to any registered voter who
has moved within the same county.

AGE

Anyone 18 years of age or older at the time of an election may register and vote.
Persons who are 17, but will become 18 on or before the next election date, are also
eligible to register to vote while they are still 17 years old.

IN PRISON OR ON PAROLE FOR THE CONVICTION OF A FELONY

An individual who is convicted of a felony loses the right to register and vote during
the term ofthe prison sentence and the parole period. Once the parole period is
completed, the person's eligibility to register and vote is restored. For more
information on the rights of people who have been incarcerated, please see the
Secretary of State’s Voting Guide for Inmates at
http://www.sos.ca.qov/elections/sharino—ideas/a-votinq-quide-for-inmates.pdf.

00109
III . ‘ID
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MENTAL INCOMPETENCY

A person found by an appropriate court to be mentally incompetent may not register
to vote. The registration of any voter found by a court to be mentally incompetent for
voting purposes must be canceled by the county elections ofﬁce. (Elections Code §§
2208, 2209, 2210, and 2211.) 2

WHO CAN-REGISTER PEOPLE TO VOTE

You do not need to be a registered voter, or a particular age, or even a resident of
the area, in order to register voters. But if you help someone ﬁll out the registration
card, you do have to ﬁll in and sign the form in the spaces provided for that purpose.
(Box 12). -

Elections Code § 2158 gives county elections ofﬁcials the authority to decline to give
voter registration cards to anyone who has been convicted of violating voter
registration laws within the last ﬁve years.

DEPUTY REGISTRARS OF VOTERS

While you do not need to beldeputized to register voters, many counties appoint
ofﬁcial deputy registrars of voters. These deputy registrars must be registered
voters. If you are interested in becoming an ofﬁcial deputy registrar, contact your
'

county elections ofﬁcial.

PARTISAN POLITICAL ACTIVITY WHILE REGISTERING VOTERS

Any person may, while registering voters, conduct partisan political activity. The law
does not restrict your free speech rights when conducting a voter registration drive.
Common courtesy and common sense, however, should be practiced.

YOU MUST You GIVE A VOTER REGISTRATION CARD TO ANYONE WHO
'
REQUESTS ONE

It is the long-held opinion of the Secretary of State‘s Ofﬁce that persons conducting
voter registration drives must give a blank voter registration card to anyone who
asks for one, even if you only have two blank forms available._ This opinion is based
on both Elections Code § 2158, which states: “Any citizen or organization that
distributes voter registration cards shall give a voter registration card to any elector
requesting it, provided that the citizen or organization has a sufﬁcient number of
cards,” and Section 20001(g)(1) of Title 2 of the California Code of Regulations,
which states: "The person or persons distributing such cards to potential registrants
will not neglect or refuse to give a voter registration card to any elector requesting
one for the purpose of registering to vote.”

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00130
CID
.

[0.
A PERSON NEED NOT BE ABLE TO SPEAK AND/OR WR|TE ENGLISH IN
ORDER TO REGISTER TO.VOTE

Prior to 1970, in order to register to vote a Californian had to demonstrate that he or
she could read the U. 8. Constitution in English and write his or her name. The
federal Voting Rights Act Amendments of 1970 and subsequent decisions of the
'
California Supreme Court allow citizens to register and vote who speak or write In a
language other than English. Elections Code § 2103 states “mhe intent of the
'

Legislature [is] that non-English-speaking citizens-like all other citizens, should be
encouraged to vote. Therefore, appropriate efforts should be made to minimize
obstacles to registration by citizens who lack sufﬁcient skill in English to register
without assistance."

There is no literacy requirement for participation in the elections process. If a person
cannot read or write in any language, the person may be assisted'in completing the
voter registration form. The person assisting must also sign and date the completed
registration form in the space provided for that purpose. '(Elections Code § 2150.)

YOU CANNOT CHARGE SOMEONE A FEE TO REGISTER TO VOTE

The 24th Amendment to the US. Constitution prohibits the use of any poll or other
tax as a way to deny people the right to vote. Additionally, Elections Code § 2121
states. “No fees may be charged for registration." A person may, however, solicit
campaign contributions while registering voters, as long as that is not a condition for
allowing an eligible citizen to register to vote.

REGISTRATION IS PERMANENT

If the voter remains an active voter and responds to any conﬁrmation mailings from
the elections ofﬁcial, the registration remains in effect. However, a voter must re-
register if he or she moves. It is important to notify the county elections ofﬁcial in
writing of any change of address or name change so that the voter will remain
properly registered.

If a voter does not vote in two federal general elections in a row, the county elections
ofﬁcial will attempt to contact the voter.‘ If the voter fails to respond to the
conﬁrmation notice, the county elections ofﬁcial may place that voter’s record in an
inactive ﬁle and he or she will not be mailed any ofﬁcial election material.

CANCELLATION OF A VOTER’S REGISTRATION

Reasons for canceling a voter's registration are speciﬁed in Elections Code § 2201
and include:
(a) At the signed, written request of the person registered.
(b) When the mental incompetence of the person registered is legally
established as provided in Sections 2208, 2209, 2210, and 2211.

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I

(c)Upon proof that the person is presently imprisoned or] on parole for
conviction of a felony.
(d) Upon the production of a certiﬁed copy of a judgment directing the
cancellation to be made.
(e) Upon the death of the person registered.
(f) Upon failure to determine residency through residency conﬁrmation
procedures.
(9) Upon ofﬁcial notiﬁcation that the voter is registered to vote in another
county or state.
(h) Upon proof that the'person is otherwise ineligible to vote.

A voter who moves outside the county or state should notify the elections ofﬁcial to
cancel his or her voter registration. This may be done by contacting the elections
ofﬁce directly or by re~registering in the new location and indicating in the prior
registration portion of the card the address where the voter was previously
registered. The elections ofﬁcial at the new address will then notify the elections
ofﬁcial at the old address to cancel the previous registration.

A voter who moves within a county should notify the elections ofﬁcial to update the
voter’ 5 registration.

CHANGE OF POLITICAL PARTY OR VOTER’S NAME

If the voter wishes to change his or her political party afﬁliation that is indicated on
the afﬁdavit of registration, the voter must complete a new registration card,
including the prior registration and identiﬁcation number portions of the card.
(Elections Code § 2152.) A similar procedure may be followed if the voter wishes to
indicate a change of name, Such as when changing from a maiden name to a
married name. (Elections Code § 2115.) Be sure to provide your driver‘s license or
state identiﬁcation card number in the space provided.

THE DISTRIBUTOR MAY NOT FILL IN THE BLANKS ON VOTER
REGISTRATION CARDS

The distributor or circulator may not ﬁll in the blanks on the voter registration card
unless the person registering asks for that help. The registrant or a person the
registrant asks to assist him or her must complete the registration card in its entirety
and exactly as the registrant requests; the person helpingIﬁll out the card must also
ﬁll In all required information In Box 12 Cards with any pre-ﬁlled "blanks” may not
be used.

Elections Code § 2162 speciﬁcally states, in relevant part:

(b) No voter registration card shall be altered, defaced, or changed in any
way, other than by the insertion of a mailing address and the afﬁxing of
postage, if mailed, or as othenNise speciﬁcally authorized by the Secretary of
State, prior to distribution of the cards.

00,112
a r.
(c) The afﬁdavit portion of a voter registration card shall not be marked,
stamped, or partially or fully completed by any person other than an elector
attempting to register to vote or by a person assisting the elector in
completing the afﬁdavit at the request of the elector.

SIGN UNDER PENALTY‘OF PERJURY

To be valid, a voter registration card must include the signature of the voter
indicating that he or she certiﬁes under penalty of perjury that the information on the
form is accurate. Perjury is punishable by imprisonment in state prison for up to four
years.

INFORMATION ON VOTER REGISTRATION CARDS IS CONFIDENTIAL

Elections Code § 2194 requires that personal information provided on voter
registration cards is conﬁdential but may be released to persons who intend to use
that information for election, scholarly, journalistic, or political purposes, or for
governmental purposes, as determined by the Secretary of State. However, the
driver‘s license/identiﬁcation card or Social Security number and the voter‘s
signature may not be released even for the uses listed above.

Anyone wishing to order a copy of the voter ﬁle must complete an application that
requires his or her driver‘s license or state identiﬁcation card number. The person
applying must also show the identiﬁcation to the elections ofﬁce to verify this
number.

Voter registration lists may be purchased from the county or from the Secretary of
State for the above-listed purposes only. .Voter rolls may not be used for
commercial purposes.

Some people believe that if they register to vote, they will be selected to serve on
jury duty. Jury duty records are compiled from a variety of sources, including from
the Department of Motor Vehicles records. Voter registration lists are only one of
the sources from which potential jurors are recruited.

A PHOTOCOPIED OR OTHERWISE DUPLICATED VOTER REGISTRATION
CARD CANNOT BE USED

Only the ofﬁcial registration card may be used. If you run out of forms, obtain more
from the county elections ofﬁce or from the Secretary of State’s Ofﬁce.

You may not print voter registration cards in the newspaper, in newsletters, or'
elsewhere. You may print and publish a request for a voter registration card which,
when ﬁlled out and returned by the citizen, would trigger an ofﬁcial voter registration
card to be mailed to that person for them to complete and return.

0011 CO
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RETURNING THE COMPLETED CARD
-

Q
Once the voter has completed a registration form, he or she may return it to the
elections ofﬁcial in one of three ways: in person, by mail, or through a third party or
circulator.

-T hecirculator must return the card either in person to the county elections ofﬁce or
deposit it in the mail within three days (excluding Saturdays, Sundays, and state
holidays) of receiving it from a voter. (Elections Code §§ 2138 and 18103.)

The Icirculator may not refuse to allow a voter to return a completed card for him or
herself, or_in any way interfere with the prompt transfer of a completed card from a
voter to the elections ofﬁce.

OFFERING INCENTIVES FOR REGISTERING VOTERS

Federal Law: 42 U.S.C. §1973i(c) makes it unlawful in an election in which a federal
candidate

Case Info

Judge

Sterne, Colleen K Track Judge’s New Case

Case No.

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Document Filed Date

January 29, 2009

Case Filing Date

December 31, 2008

County

Parties

Cappello, A Barry Attorney
Farr, Doreen Respondent
Holland, Joseph E Non- Party
Pappas, Steven Petitioner
Seymour, Philip Attorneys for Defendants
Woocher, Fredric D Attorney
Jeffrey Lake Attorney
Charles Robinson Attorney
David Birnbaum Attorney
Stanley Green Attorney
Margaret Wu Attorney
Erich Luschei Attorney
STANLEY GREEN Attorney
Gustavo Lavayen Attorney
Kenneth Johnson Attorney
Rachel Deutsch Attorneys for Defendants
John Doyle Attorney
David Baum Attorney

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Request,Application: Steven Pappas v. Doreen Farr

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