ARTICLE 1. General Provisions [2200. - 2214.]

Cal. Elections Code - ELEC 1.

in effect

Cal. Elections Code - ELEC § 2200. Section 2200.

The registration of a voter is permanent for all purposes during his or her life, unless and until the affidavit of registration is canceled by the Secretary of State or the county elections official for any of the causes specified in this article.

Cal. Elections Code - ELEC § 2201. Section 2201.

(a) The county elections official shall cancel the registration in the following cases: (1) At the signed, written request of the person registered. (2) When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211. The county elections office shall use only information provided by the Secretary of State pursuant to subdivision (d) of Section 2211.5 to cancel a voter registration for this reason. (3) Upon proof that the person is presently imprisoned for conviction of a felony. The county elections office shall use only information provided by the Secretary of State pursuant to subdivision (d) of Section 2212, by a United States District Court, or by the Federal Bureau of Prisons to cancel a voter registration for this reason. (4) Upon the production of a certified copy of a judgment directing the cancellation to be made. (5) Upon the death of the person registered. (6) Pursuant to Article 2 (commencing with Section 2220). (7) Upon official notification that the voter is registered to vote in another state. (8) Upon proof that the person is otherwise ineligible to vote. (b) The Secretary of State may cancel the registration in the following cases: (1) When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211. (2) Upon proof that the person is presently imprisoned for the conviction of a felony. (3) Upon the death of the person registered. (c) (1) Between 15 and 30 days, inclusive, before canceling a person’s registration for the reasons specified in paragraph (2), (3), (5), or (6) of subdivision (a), the county elections official shall send a forwardable notice by first-class mail, including a postage-paid and preaddressed return form, to the voter. (A) The forwardable notice shall be provided in the person’s preferred language if the county is required to provide translated ballots in that language pursuant to Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503). (B) The notice shall include a statement substantially similar to the following: “IMPORTANT NOTICE. Your voter registration record is scheduled to be canceled on [date]. This cancellation is due to information the [county name] County elections office has received indicating your ineligibility to vote in that county due to a change of residence, death, prison commitment or mental incapacity to vote pursuant to Sections 2208, 2209, 2210, or 2211 of the California Elections Code, as applicable. If you believe this cancellation is in error, please notify our office within 15 days from the date of this notice either by returning the attached postage-paid postcard or by calling [county elections office phone number] toll free. If we do not receive your response to this notice, you may be required to reregister to vote in the next election or to vote using a provisional ballot. You can find more information about voter eligibility rules on the Secretary of State’s internet website at [URL] or voter hotline at [phone numbers]. You can also check your current registration status at [URL].” (2) The preaddressed return form described in paragraph (1) shall include all of the following: (A) Space for the voter to provide their current place of residence. (B) Space for the voter to provide their current mailing address, if different from the place of residence. (C) A box next to a statement substantially similar to the following: “The cancellation of my voter record is in error because I have not been deemed mentally incompetent to vote by a court of law, I am not currently serving a state or federal prison term, and I have not died. Additionally, if I have moved, I have provided my new residential address on this form.” (D) Space for the voter to provide their signature and the date. (3) The elections official may send additional written notices to a voter, and may also notify the voter in person, by telephone or email, or by other means of the planned registration cancellation. (d) This section shall become operative on July 1, 2025.

Cal. Elections Code - ELEC § 2202. Section 2202.

(a) The county elections official shall preserve all uncanceled affidavits of registration in a secure manner that will protect the confidentiality of the voter information consistent with Section 2194. The affidavits of registration shall constitute the register required to be kept by Article 5 (commencing with Section 2183) of Chapter 2. (b) In lieu of maintaining uncanceled affidavits of registration, the county elections official may microfilm, record on optical disc, or record on any other electronic medium that does not permit additions, deletions, or changes to the original document, the uncanceled affidavits of registration. Any such use of an electronic medium to record uncanceled affidavits shall protect the security and confidentiality of the voter information. The county elections official may dispose of any uncanceled affidavits of registration transferred pursuant to this section. The disposal of any uncanceled affidavits shall be performed in a manner that does not compromise the security or confidentiality of the voter information contained therein. For purposes of this section, a duplicate copy of an affidavit of registration shall be deemed an original. The Secretary of State may adopt appropriate regulations for the purpose of this section.

Cal. Elections Code - ELEC § 2205. Section 2205.

The local registrar of births and deaths shall notify the county elections official not later than the 15th day of each month of all deceased persons 16 years of age and over, whose deaths were registered with him or her or of whose deaths he or she was notified by the State Registrar of Vital Statistics during the preceding month. This notification shall include at least the name, sex, age, birthplace, birth date, place of residence, and date and place of death of each decedent. The county elections official shall cancel the affidavit of registration of the deceased voter.

Cal. Elections Code - ELEC § 2206. Section 2206.

The Secretary of State shall adopt regulations to facilitate the availability of death statistics from the State Department of Health Services. The data shall be used by the Secretary of State or county elections officials in canceling the affidavit of registration of deceased persons.

Cal. Elections Code - ELEC § 2208. Section 2208.

(a) A person is presumed competent to vote regardless of the person’s conservatorship status. 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 by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process, 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 pleaded 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 subparagraph (B) of paragraph (1) 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 by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process before the person shall be disqualified from voting. (c) If an order establishing a conservatorship is made and in connection with the order it is found by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process, the court shall provide notice to the Secretary of State pursuant to Section 2211.5. (d) A person shall not be disqualified from voting pursuant to this section on the basis that the person does, or would need to do, any of the following to complete an affidavit of voter registration: (1) Signs the affidavit of voter registration with a mark or a cross pursuant to subdivision (b) of Section 2150. (2) Signs the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5. (3) Completes the affidavit of voter registration with the assistance of another person pursuant to subdivision (d) of Section 2150. (4) Completes the affidavit of voter registration with reasonable accommodations. (e) This section shall become operative on January 1, 2024.

Cal. Elections Code - ELEC § 2209. Section 2209.

(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 communicating, with or without reasonable accommodations, a desire to participate in the voting process. (b) If the person has been disqualified from voting by reason of being incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, or by reason of being incapable of completing an affidavit of voter registration, the court investigator shall determine if the person continues to be incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and the investigator shall so inform the court. If the investigator determines that the person continues to be incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, a court hearing on the issue is unnecessary. If the investigator finds that the person is not incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, the court shall hold a hearing to determine if, by clear and convincing evidence, the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process. Unless the person is found incapable of communicating that desire, the person’s right to register to vote shall be restored, and the court shall provide notice to the Secretary of State pursuant to Section 2211.5. (c) If the person has not been found incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and the court investigator determines that the person is no longer capable of communicating that desire, the investigator shall so notify the court. The court shall hold a hearing to determine if, by clear and convincing evidence, the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process. If the court determines that the person cannot communicate that desire, the court shall order the person to be disqualified from voting pursuant to Section 2208, and the court shall provide notice to the Secretary of State pursuant to Section 2211.5. (d) This section shall become operative on January 1, 2024.

Cal. Elections Code - ELEC § 2210. Section 2210.

(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 their 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 be automatically restored and the court shall provide notice to the Secretary of State pursuant to Section 2211.5. 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 provide notice to the Secretary of State pursuant to Section 2211.5. (d) This section shall become operative on January 1, 2024.

Cal. Elections Code - ELEC § 2211. Section 2211.

(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 provide notice to the Secretary of State pursuant to Section 2211.5. (c) If the person is later released from the public or private treatment facility, the court shall provide notice to the Secretary of State pursuant to Section 2211.5. (d) This section shall become operative on January 1, 2024.

Cal. Elections Code - ELEC § 2211.5. Section 2211.5.

(a) By the first day of each month, and more frequently if the clerk so chooses, the clerk of the superior court of each county shall notify the Secretary of State pursuant to subdivision (b) of each of the following: (1) All findings made by the court regarding any person’s competency to vote, as specified in each of Sections 2208 through 2211, inclusive, since the clerk’s last report. (2) The total number of proceedings, as specified in paragraphs (1) through (4) of subdivision (a) of Section 2208, that occurred in that court since the clerk’s last report. (b) In consultation with the Secretary of State, the Judicial Council shall adopt rules of court to implement this section and Judicial Council forms that shall be used by courts to furnish the notices described in subdivision (a). The forms shall contain clearly identified spaces for all of the following: (1) Personal identification information for the affected person, including all of the following: (A) All known first names. (B) All known last names. (C) All known middle names. (D) All known name suffixes. (E) Last known address. (F) Date of birth. (G) Last four digits of the person’s social security number, if available. (H) Driver’s license or state-issued identification number, if available. (2) The court case number. (3) The date of the order affecting the individual’s voting rights. (4) Whether the court’s order is made pursuant to Section 2208, 2209, 2210, or 2211. (5) Whether the legal effect of the court’s order is a disqualification or a restoration of the right to vote. (6) A certification, if applicable, that the individual has been disqualified from voting due to the court’s finding by clear and convincing evidence that the individual is incapable, with or without reasonable accommodations, to communicate a desire to participate in the voting process. (c) The Secretary of State shall inform the clerk of the court when it receives a notice from the court that is missing any information required by subdivision (b). (d) Upon receipt of all of the required information described in subdivision (b), the Secretary of State shall do both of the following: (1) Identify any registration record in the statewide voter database that contains personal identifying information that matches each of the unique identifiers described in subdivision (b). (2) Within three days of receiving the information from the court, for any matched records described in paragraph (1), provide the information described in paragraph (1) of subdivision (b), the corresponding unique identifier or identifiers contained in the statewide voter database, and a statement regarding whether the legal effect of the court’s order is to disqualify or restore the right to vote, to the appropriate county elections official. (e) Upon receiving information from the Secretary of State pursuant to subdivision (d), the county elections official shall do either of the following, as applicable: (1) The elections official shall begin the cancellation procedures described in subdivision (c) of Section 2201 for any person whose registration information matches the unique identifier or identifiers provided by the Secretary of State and who, according to the information provided by the Secretary of State, has been disqualified to vote by a court. (2) (A) If a person’s right to vote has been restored and their address is within the county according to the information provided by the Secretary of State, the elections official shall notify the person that their voting rights are restored and that they may register to vote if they are otherwise eligible. The elections official shall also provide the person with information regarding the procedures for registering to vote. If the address provided by the Secretary of State is different from the address contained in the county’s voter registration file, the elections official shall provide the foregoing notice and information to the person at both addresses. (B) The Secretary of State shall prepare a form that county elections officials shall use to provide the notice described in subparagraph (A). (f) A county or county elections official shall not be liable for taking or failing to take the actions described in subdivision (e) when the county or county elections official has received erroneous information from the Secretary of State. (g) If a person who is ineligible to vote receives a notice under paragraph (2) of subdivision (e), subsequently becomes registered or preregistered to vote, and votes or attempts to vote in an election held after the effective date of the person’s registration or preregistration, that person shall be presumed to have acted with official authorization and shall not be guilty of fraudulently voting or attempting to vote pursuant to Section 18560, unless that person willfully votes or attempts to vote knowing that the person is not eligible to vote. (h) This section shall become operative on January 1, 2024.

Cal. Elections Code - ELEC § 2212. Section 2212.

(a) For purposes of this section, the following definitions apply: (1) “Conviction” has the same meaning as set forth in Section 2101. (2) “Department” means the Department of Corrections and Rehabilitation. (3) “Imprisoned” has the same meaning as set forth in Section 2101. (4) “Parole” means a term of supervision by the department. (5) “Statewide voter database” means the statewide voter registration database developed in compliance with the requirements of the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.). (b) The department shall provide to the Secretary of State, on a weekly basis and in a format prescribed by the Secretary of State, the identification information described in subdivision (c) for all of the following persons: (1) Persons imprisoned for the conviction of a felony and under the jurisdiction of the department. To the extent available, identification information provided by the department regarding these persons shall include the date on which each person’s term of imprisonment began. (2) Persons on parole or persons released from imprisonment for the conviction of a felony and no longer under the jurisdiction of the department. To the extent available, identification information provided by the department regarding these persons shall include the dates on which each person’s parole began and on which the person was discharged from the jurisdiction of the department. (c) Personal identification information for the purposes of subdivision (b) includes all of the following: (1) All known first names. (2) All known last names. (3) All known middle names. (4) All known name suffixes. (5) Last known address. (6) Date of birth. (7) Last four digits of the person’s social security number, if available. (8) Driver’s license or state-issued identification number, if available. (d) Upon receipt of the information described in subdivision (b), the Secretary of State shall do all the following: (1) Identify any registration record in the statewide voter database that contains personal identifying information that, for each of the unique identifiers described in subdivision (c), as available, matches information pertaining to the person described in subdivision (b). (2) For any matched records described in paragraph (1), provide the information described in subdivision (b) and the corresponding unique identifier or identifiers used in the statewide voter database to county elections officials within three days of receipt of the information from the department. (e) Upon receipt of information from the Secretary of State pursuant to subdivision (d), a county elections official shall do all of the following: (1) Cancel the affidavit of registration of any person described in paragraph (1) of subdivision (b) whose registration information matches the unique identifier or identifiers used in the statewide voter database provided by the Secretary of State to the county. (2) Using the form prepared by the Secretary of State pursuant to subdivision (f), notify a person described in paragraph (2) of subdivision (b), and whose last known address is within the county based on the unique identifier or identifiers used in the statewide voter database provided by the Secretary of State to the county, that the person’s voting rights are restored and advise the person that if the person is otherwise entitled to register to vote, the person may register to vote. The county elections official shall also provide the person with information regarding the procedure for registering to vote. (f) The Secretary of State shall prepare a form to be used by county elections officials to provide the notice described in paragraph (2) of subdivision (e). (g) A county or county elections official shall not be liable for taking or failing to take the actions described in subdivision (e) when the county or county elections official have received erroneous information from the Secretary of State or the department. (h) If a person who is ineligible to vote receives a notice under paragraph (2) of subdivision (e), subsequently becomes registered or preregistered to vote, and votes or attempts to vote in an election held after the effective date of the person’s registration or preregistration, that person shall be presumed to have acted with official authorization and shall not be guilty of fraudulently voting or attempting to vote pursuant to Section 18560, unless that person willfully votes or attempts to vote knowing that the person is not entitled to vote.

Cal. Elections Code - ELEC § 2213. Section 2213.

Any person may proceed by action in the superior court to compel the county elections official to cancel any registration made illegally or which should be canceled by reason of facts that have occurred subsequent to the registration. If the voter whose registration is sought to be canceled is not a party to the action, the court may order him or her to be made a party defendant. The county elections official and as many persons against whom there are causes of action may be joined as defendants.

Cal. Elections Code - ELEC § 2214. Section 2214.

(a) Each month, the Secretary of State shall post on its internet website a report showing, for the preceding period, the number of voting rights disqualifications and the number of voting rights restorations pursuant to each of Sections 2208 through 2212, as applicable, that were ordered within each county and the number of proceedings specified in paragraphs (1) through (4) of subdivision (a) of Section 2208 that occurred within each county. (b) In consultation with the Judicial Council, the Secretary of State shall prepare and deliver a training via a remote web-based learning platform that is accessible through the Secretary of State’s internet website. The training shall contain information about the responsibilities of superior courts and county elections officials, as specified in this chapter, and information about the legal standards for voting rights disqualification, the duties of court investigators, and the reporting requirements for courts related to voting rights disqualification and restoration. (c) At least annually, each court executive officer and each county elections official shall complete the training described in subdivision (b). The trainings completed by court executive officers and county elections officials shall be tracked through the remote web-based learning platform provided by the Secretary of State. (d) This section shall become operative on January 1, 2024.

Source: CA Legislative Counsel Bulk DataURL: https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zipFetched: 6/27/2026