California Voters: Law-Making Power?

California voters have a range of rights, including the right to vote in person or by mail, to cast a secret ballot, and to receive a new ballot if they make a mistake. They can also request a ballot in their preferred language. California is one of 14 states that do not require voters to show identification at the polls, and a new law prohibits local governments from imposing their own voter ID requirements. California voters can register to vote or change their registration at any time, including on Election Day, and voter registration cards must be given to anyone who requests one.

Voter registration

Eligibility

To be eligible to vote in California, individuals must be United States citizens, residents of California, and at least 18 years old on Election Day. They must also not be in state or federal prison for a felony conviction and not be found mentally incompetent to vote by a court.

Registration Process

California offers multiple options for eligible citizens to register to vote. Individuals can register to vote or update their registration information at any time, including on Election Day. They can register online through the California Secretary of State's website or in person at various locations, including the DMV, public assistance offices, local post offices, public libraries, and county elections offices. If registering less than 15 days before an election, individuals can use same-day voter registration at their county elections office, polling place, or vote center.

Voter Identification

California does not require voters to show identification when casting their ballots. A new state law prohibits local governments from imposing voter ID requirements, clarifying that existing state law already prevented such mandates. This law aims to protect voting rights and ensure equal access to the polls for all eligible citizens.

Voting Rights

California law guarantees several rights for registered voters. These include the right to vote using a provisional ballot if their name is not on the list, the right to cast a secret ballot without interference, the right to get help casting their ballot from up to two people of their choice (except their employer or union representative), and the right to vote-by-mail. Voters in counties under the California Voter's Choice Act also have multiple polling locations available, some of which open up to 10 days before Election Day.

Confidentiality and Security

Voter identification

California is one of 14 states that does not require voters to show identification at the polls. However, voters who do not provide a state identification number or the last four digits of their Social Security number when registering may need to provide some form of identification when voting for the first time. Additionally, newly registered voters may be asked to provide appropriate identification or other documentation according to federal law.

In April 2024, California filed a lawsuit against the city of Huntington Beach, challenging its newly approved charter amendment that requires voter ID. The state argued that existing California election law established uniform procedures for determining voter eligibility at polling places that did not include voter identification. Huntington Beach officials countered that as a charter city, they have broad discretion in setting their own rules for municipal governance, including election management.

In response to the dispute with Huntington Beach, California Governor Gavin Newsom signed Senate Bill 1174 into law on September 29, 2024. SB 1174 explicitly prohibits local governments from requiring voters to present identification when casting their ballots at the polls. The bill's author, state Senator Dave Min, stated that the legislation would clarify any potential ambiguities around elections and address growing public concerns about election integrity. The new law takes effect on January 1, 2025.

Ballot casting

California voters have a range of rights and options when it comes to casting their ballots. Firstly, eligible voters can register to vote or update their registration at any time, including on Election Day. Same-day registration is possible, but it is recommended to register in advance to ensure receiving election information and a vote-by-mail ballot. Voters can register online or at various locations, including the DMV, public assistance offices, the local post office, public library, or their local county elections office.

On Election Day, voters in California have the right to vote using a provisional ballot if their name is not on the list of registered voters, and their vote will be counted if election officials determine their eligibility. Voters also have the right to cast a secret ballot without any interference or influence, and they can request a new ballot if they make a mistake before casting their vote. Voters can receive assistance in casting their ballot from up to two people of their choice, except from their employer, an agent of their employer, or a union representative. Additionally, voters can track their vote-by-mail ballots through the California Secretary of State's "Where's My Ballot" page.

In terms of identification requirements, California is one of a handful of states that do not require voters to show identification at the polls. A new state law, Senate Bill 1174, explicitly prohibits local governments from imposing voter ID requirements, clarifying that voters can cast their ballots without identification. This law was enacted following disagreements between the state and certain cities, such as Huntington Beach, which sought to require voter ID for municipal elections.

It is important to note that voter registration and ballot-casting processes may vary slightly depending on the county and local laws. For specific instructions on how to vote, California residents can refer to the information mailed by their local elections official or seek guidance from poll workers.

Voting rights

California voters have a range of rights and responsibilities, and there are laws in place to protect the integrity of the voting process.

Firstly, in terms of voter registration, any eligible Californian can register to vote or update their registration at any time, including on Election Day. This can be done online, at the DMV, public assistance offices, local post offices, public libraries, or local county elections offices. Voter registration cards must be given to anyone who requests one, and the person assisting with registration must print their name, address, phone number, and employer details on the card, as well as sign it. Voter files are generally confidential, but they can be accessed for specific purposes, such as election or journalistic endeavours.

When it comes to casting a vote, California law grants workers paid time off to vote if they do not have sufficient time outside of work hours. Voters have the right to cast a secret ballot without interference and can request a new ballot if they make a mistake. They can also receive assistance from up to two people of their choice, except their employer, an agent of their employer, or a union representative. Voters can track their mail-in ballots and, if there is an issue, such as a missing signature, they must be notified and allowed to correct it before their ballot is rejected. Voters can also drop off their mail-in ballots at any polling place in California.

In terms of legal protections for voters, California is one of a handful of states that does not require voters to show identification at the polls. In fact, a new law was passed in September 2024, explicitly prohibiting local governments from imposing voter ID requirements. This was in response to a measure passed by Huntington Beach to require ID in its municipal elections.

California also has laws in place to prevent voter bribery. It is illegal to offer anything of value in exchange for proof of voting if there is a federal office on the ballot. It is also prohibited to offer incentives to vote or not vote for a particular candidate or measure in state or local elections.

Election laws

California voters can make laws through the process of initiative, referendum, recall, and ratification. This process allows voters to propose and approve laws, as well as remove elected officials from office.

California has a number of election laws in place to ensure the integrity of the voting process and to make it more accessible to its citizens. Firstly, voter registration: California allows its citizens to register to vote or change their registration at any time, including on Election Day. This can be done online or in person at various locations, including the DMV, public assistance offices, local post offices, public libraries, and county elections offices. Pre-registration is also available for 16-year-olds, and they are automatically registered to vote when they turn 18.

On Election Day, polls in California are open from 7:00 a.m. to 8:00 p.m. Pacific Time, and anyone in line at the time polls close must be allowed to vote. California does not generally require voters to present identification before casting their ballot. However, first-time voters who registered by mail without providing a driver's license or social security number may be asked to show ID. Voter files are generally kept confidential and are only accessible for specific purposes, such as election or scholarly research.

California also offers multiple options for voting, including in-person and mail-in voting. In 2019, a law was passed to ensure that mail-in voting remains free for all Californians, and during the 2020 election, all voters received a vote-by-mail ballot due to the COVID-19 pandemic. Voters can also choose to vote in person if they prefer. Additionally, California law allows workers to take paid time off to cast their ballots if they do not have sufficient time outside their normal working hours.

The state also has laws in place to protect voters from electioneering and corruption. For example, individuals or campaigns must remain at least 100 feet away from polling places, and it is illegal to offer anything of value in exchange for proof of voting, especially when there is a federal office on the ballot.

California is also proactive in ensuring that its voting systems are constantly improved, made safer, and more accessible to its citizens. For instance, the Ballot Initiative Transparency Act (BITA) of 2014 required a public review process for state ballot measures, allowing for potential negotiation and compromise before measures are placed on the ballot. More recently, a bill was proposed to move the state primary election from March to June in non-presidential years to allow more time for redistricting and campaigning.

Frequently asked questions