|
|
FROM:
|
Disability Rights California |
|
RE:
|
Right to Vote When You are in a Facility or Under a Conservatorship |
|
DATE:
|
October 6, 2003 |
Right of facility residents to vote
California Elections Code section 2211 provides that people committed under California Penal Code section 1026 (not guilty by reason of insanity), California Penal Code section 1370 (incompetent to stand trial), the old mentally disordered sex offender (MDSO) statute and California Penal Code section 2684 (mentally disordered prisoners) are automatically disqualified from registering or voting while "involuntarily confined pursuant to a court order, in a public or private facility." The disqualification ends automatically when the person is discharged from the facility as the court is to notify the county elections official that the person’s right to vote has been restored.
There is no mention of sexually violent predators (SVP), California Welfare and Institutions Code section 6600; California Penal Code sections 2962 and 2972 for mentally disordered offenders (MDO); California Penal Code section 1026.5 for those not guilty by reason of insanity whose commitment has been extended; California Penal Code section 1370.1 for those who are incompetent to stand trial based on developmental disability; or California Penal Code section 1370.01 for those who are charged with having committed a misdemeanor. Thus there is no restriction on the ability of those groups to register and vote.
Right of conservatees (including LPS and Murphy conservatees) to vote
California Elections Code section 2208 provides for disqualification of Lanterman Petris Short (LPS) conservatees (including Murphy conservatees), and California Probate Code conservatees only if the court finds that the person is "not capable of completing an affidavit of voter registration."
For LPS conservatees, the court must notify the county registrar of voters of the automatic restoration of the right to vote if the conservatorship is terminated following a rehearing on the establishment of conservatorship pursuant to Welfare & Institutions Code § 5364. All other disqualifications end when the conservatorship ends.
If there is a jury trial, the jury must make the disqualification determination by unanimous verdict.
National Voter Registration Act of 1993 (NVRA)
This is the “motor voter” act. It requires that voter registration services be provided when mental health services are provided to consumers. This includes state hospital services (See Department of Mental Health (DMH) Special Order No.: 718). For state hospitals:
1. DMH must provide voter registration services to any consumer even if DMH believes that there is reason to believe that the individual does not meet registration requirements. (DMH can flag the registration form, without writing on the form, for county eligibility review when the form is sent to the county.)
2. DMH must obtain the resident’s signature on a Voter Application/Declination form. This form must be kept separate from the regular hospital record. If the resident wants to register to vote, DMH must help the consumer fill out a voter registration form and forward it to the county.
ELECTIONS CODE SECTION 2200-2212
§ 2208. Mentally incompetent persons; disqualification form voting; order
(a) A person shall be deemed mentally incompetent, and therefore disqualified from voting, if, during the course of any of the proceedings set forth below, the court finds that the person is not capable of completing an affidavit of voter registration in accordance with Section 2150 and any of the following apply:
(1) A conservator for the person or the person and estate is appointed pursuant to Division 4 (commencing with Section 1400) of the Probate Code.
(2) A conservator for the person or the person and estate is appointed pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code.
(3) A conservator is appointed for the person pursuant to proceedings initiated under Section 5352.5 of the Welfare and Institutions Code, the person has been found not competent to stand trial, and the person's trial or judgment has been suspended pursuant to Section 1370 of the Penal Code.
(4) A person has plead not guilty by reason of insanity, has been found to be not guilty pursuant to Section 1026 of the Penal Code, and is deemed to be gravely disabled at the time of judgment as defined in paragraph (2) of subdivision (h) of Section 5008 of the Welfare and Institutions Code.
(b) If the proceeding under the Welfare and Institutions Code is heard by a jury, the jury shall unanimously find that the person is not capable of completing an affidavit of voter registration before the person shall be disqualified from voting.
(c) Whenever an order establishing a conservatorship is made and in connection with the order it is found that the person is not capable of completing an affidavit of voter registration, the court shall forward the order and determination to the county elections official of the person's county of residence.
2209. Mentally incompetent persons; review under Probate Code of capability to complete affidavit; findings by investigator; hearing
(a) For conservatorships established pursuant to Division 4 (commencing with Section 1400) of the Probate Code, the court investigator shall, during the yearly or biennial review of the conservatorship as required by Chapter 2 (commencing with Section 1850) of Part 3 of Division 4 of the Probate Code, review the person' s capability of completing an affidavit of voter registration in accordance with Section 2150.
(b) If the person had been disqualified from voting by reason of being incapable of completing an affidavit of voter registration, the court investigator shall determine whether the person has become capable of completing the affidavit, and, the investigator shall so inform the court.
If the investigator finds that the person is capable of completing the affidavit, the court shall hold a hearing to determine whether the person is in fact capable of completing the affidavit. If the person is found to be capable of completing the affidavit, the person's right to register to vote shall be restored and the court shall so notify the county elections official.
(c) If the person had not been found to be incapable of completing an affidavit of voter registration, and, the court investigator determines that the person is no longer capable of completing the affidavit, the investigator shall so notify the court. The court shall hold a hearing to determine whether the person is capable of completing an affidavit of voter registration, and, if the court determines that the person is not so able, the court shall order the person to be disqualified from voting and the court will so notify the county elections official.
2210. Mentally incompetent persons; contest under Welfare and Institutions Code of disqualification from voting; restoration of right to vote; notice
(a) If the person or the person and estate is under a conservatorship established pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code, the person may contest his or her disqualification from voting pursuant to the procedure set forth in Section 5358.3 of the Welfare and Institutions Code.
(b) When the conservatorship described in subdivision (a) terminates after one year, the person's right to register to vote shall also be automatically restored and notification to the appropriate county elections official shall be made. If a petition is filed for the reappointment of the conservator, a new determination shall be made as to whether the person should be disqualified from voting.
(c) If the right to vote is restored pursuant to Section 5358.3 of the Welfare and Institutions Code or if the conservatorship is terminated in a proceeding held pursuant to Section 5364 of the Welfare and Institutions Code, the court shall notify the county elections official of the person's county of residence that the person's right to register to vote is restored.
2211. Mentally incompetent person; determination under Penal or Welfare and Institutions Code provisions; disqualification from voting or registering to vote during period of confinement in facility; notice; release from treatment facility
(a) Any person who (1) has plead not guilty by reason of insanity and who has been found to be not guilty pursuant to Section 1026 of the Penal Code, (2) has been found incompetent to stand trial and whose trial or judgment has been suspended pursuant to Section 1370 of the Penal Code, (3) has been convicted of a felony and who was judicially determined to be a mentally disordered sex offender pursuant to former Section 6300 of the Welfare and Institutions Code, as repealed by Chapter 928 of the Statutes of 1981, or (4) has been convicted of a felony and is being treated at a state hospital pursuant to Section 2684 of the Penal Code shall be disqualified from voting or registering to vote during that time that the person is involuntarily confined, pursuant to a court order, in a public or private facility.
(b) Upon the order of commitment to a treatment facility referred to in subdivision (a), the court shall notify the elections official of the county of residence of the person and order the person to be disqualified from voting or registering to vote.
(c) If the person is later released from the public or private treatment facility, the court shall notify the county elections official of the county of residence of the person that the right of the person to register to vote is restored.
2212. Statement of persons convicted of felonies; cancellation of affidavits of registration for those imprisoned or on parole
The clerk of the superior court of each county, on the basis of the records of the court, shall furnish to the chief elections official of the county, not less frequently than the first day of April and the first day of September of each year, a statement showing the names, addresses, and dates of birth of all persons who have been convicted of felonies since the clerk's last report. The elections official shall, during the first week of April and the first week of September in each year, cancel the affidavits of registration of those persons who are currently imprisoned or on parole for the conviction of a felony. The clerk shall certify the statement under the seal of the court.
|
REGISTRAR OF VOTERS By County |
|
|
Alameda |
Butte |
|
Alpine |
Calaveras |
|
Amador |
Colusa |
|
Contra Costa |
Fresno |
|
Del Norte |
Glenn |
|
El Dorado |
Humboldt |
|
Imperial |
Kings |
|
Inyo |
Lake |
|
Kern |
Lassen |
|
Los
Angeles |
Mariposa |
|
Madera |
Mendocino |
|
Marin |
Merced |
|
Modoc |
Napa |
|
Mono |
Nevada |
|
Monterey |
Orange |
|
Placer |
Sacramento |
|
Plumas |
San Benito |
|
Riverside |
San Bernardino |
|
San Diego |
San Luis Obispo |
|
San Francisco |
San Mateo |
|
San Joaquin |
Santa Barbara |
|
Santa Clara |
Sierra |
|
Santa Cruz |
Siskiyou |
|
Shasta |
Solano |
|
Sonoma |
Tehama |
|
Stanislaus |
Trinity |
|
Sutter |
Tulare |
|
Tuolumne |
Yolo |
|
Ventura |
Yuba Terry A. Hansen, County Clerk-Recorder |