AB25 - California Voter ID and Election Integrity Act of 2025.

Amended IN Assembly February 24, 2025 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Assembly Bill No. 25 Introduced by Assembly Member Members DeMaio and Essayli December 02, 2024 An act to amend Sections 3000.5, 3011, 3019, and 15301 of, to add Sections 2110, 2186, 3019.1, 3019.3, and 14216.5 to, to add Chapter 3 (commencing with Section 3200) to Division 3 of, and to repeal Sections 2111, 2112, and 10005 of, the Elections Code, relating to elections. LEGISLATIVE COUNSEL'S DIGEST AB 25, as amended, DeMaio. California Voter ID and Election Integrity Act of 2025. (1) Under the California Constitution, a person may vote if the person is a United States citizen, at least 18 years of age, and a resident in the state. Existing law authorizes a person to prove citizenship for voting purposes by certification under penalty of perjury on the person’s affidavit of voter registration. This bill would repeal the authorization for a person to prove citizenship by certification and would instead require a person to provide appropriate documentation of citizenship with the affidavit of registration. The bill would prohibit an elections official from registering to vote a person who does not provide appropriate documentation of citizenship or a person whose citizenship cannot be verified based on the documentation provided. The bill would require an elections official to verify the citizenship of voters registered to vote in the county as of January 1, 2026, and would authorize the elections official to require a person to provide documentation of citizenship for that purpose. By increasing the duties of county elections officials, this bill would impose a state-mandated local program. The bill would require the State Auditor to periodically review a random sample of a county’s roster of voters to identify persons listed on the roster who are not qualified electors in that county. (2) Existing law prohibits a local government from enacting or enforcing any charter provision, ordinance, or regulation requiring a person to present identification for the purpose of voting. This bill would repeal that prohibition. The bill would instead require a person desiring to vote at a polling place to present a valid government-issued form of identification to a precinct board member before the person may vote. The bill would require a person voting a vote by mail ballot to include on the ballot identification envelope the last 4 digits of the voter’s valid government-issued form of identification. The bill would require an elections official, before processing and counting a vote by mail ballot, to confirm that the last 4 digits of the voter’s form of identification listed on the identification envelope match the voter’s form of identification listed on the voter’s affidavit of registration. By increasing the duties of county elections officials, this bill would impose a state-mandated local program. (3) Existing law requires an elections official, upon receiving a vote by mail ballot, to compare the signature on the ballot identification envelope with the signature appearing on specified voter registration records to determine if the signatures compare, as provided. If the elections official determines that the signatures do not match, or if the envelope does not contain a signature, existing law requires the elections official, no later than 8 days before the certification of the election, to mail a notice to the voter of the opportunity to verify the voter’s signature or provide a signature, as applicable. This bill would require the State Auditor to audit elections officials by reviewing random samples of signature comparisons to determine whether the signature comparisons comply with the applicable requirements. The bill would require the State Auditor to report the audit findings no later than 90 days after each election. The bill would require an elections official, if the State Auditor determines that the elections official has a signature comparison error rate of 5% or greater, to prepare a remediation plan and submit it to the Secretary of State. (4) Existing law requires the official canvass of all ballots received in an election to commence no later than the Thursday following the election and to continue daily, except on weekends and holidays, for not less than 6 hours each day until completed. Existing law requires elections officials to prepare a certified statement of the results of the election and submit that certified statement to the governing body of the jurisdiction within 30 days of the election. This bill would require an elections official to count all ballots, except provisional ballots and vote by mail ballots for which a voter has the opportunity either to verify or provide a signature, by no later than 72 hours after the election. By increasing the duties of county elections officials, this bill would impose a state-mandated local program. (5) Existing law requires an elections official, no later than 29 days before the day of each election, to begin mailing a vote by mail ballot to every registered voter. If the State Auditor determines that fewer than 98% of the persons listed on a county’s roster of voters are qualified electors in that county or if an elections official fails to count all ballots, except provisional ballots and vote by mail ballots for which a voter has the opportunity either to verify or provide a signature, by no later than 72 hours after the election, this bill would prohibit the elections official from mailing a vote by mail ballot to every registered voter in the next statewide election. The bill would authorize a voter to apply for a vote by mail ballot in an election subject to that prohibition. (6) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. Under the California Constitution, a person may vote if the person is a United States citizen, 18 years of age, and a resident in the state. Existing law prohibits a local government from enacting or enforcing any charter provision, ordinance, or regulation requiring a person to present identification for the purpose of voting. This bill would express the intent of the Legislature to enact legislation to improve the integrity of state and local elections by requiring a government-issued ID to vote, verifying the citizenship of voters, maintaining accurate voter lists, incentivizing timely counting of ballots, and enhancing the signature review process. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO YES Local Program: NO YES Bill Text The people of the State of California do enact as follows: SECTION 1. This act shall be known, and may be cited, as the California Voter ID and Election Integrity Act of 2025. SEC. 2. Section 2110 is added to the Elections Code, to read: 2110. (a) (1) On the affidavit of registration, a person shall certify under penalty of perjury that the person is a citizen. The person shall provide appropriate documentation of citizenship with the affidavit of registration. (2) Based on the documentation of citizenship provided pursuant to paragraph (1), the elections official shall verify whether the person is a citizen. (3) A person who does not provide appropriate documentation of citizenship with the affidavit of registration, or a person whose citizenship cannot be verified by the elections official based on the documentation provided, shall not be registered to vote. (b) An elections official shall verify the citizenship of voters registered to vote in the county as of January 1, 2026. The elections official may require a person to provide appropriate documentation of citizenship for purposes of verifying the person’s citizenship pursuant to this subdivision. SEC. 3. Section 2111 of the Elections Code is repealed. 2111. A person may prove he or she is a citizen by his or her certification under penalty of perjury on the affidavit of registration. SEC. 4. Section 2112 of the Elections Code is repealed. 2112. Notwithstanding any other provision of law to the contrary, the fact that a person certifies to his or her United States citizenship by signing his or her affidavit of registration shall be deemed evidence of citizenship for voting purposes only. SEC. 5. Section 2186 is added to the Elections Code, to read: 2186. (a) Upon request, the elections official shall furnish the roster to the State Auditor for purposes of this section. (b) (1) The State Auditor shall periodically review a random sample of a county’s roster to identify persons listed on the roster who are not qualified electors in that county. (2) If in the review described in paragraph (1) the State Auditor determines that fewer than 98 percent of the persons listed on the roster are qualified electors in that county, for the next statewide election the elections official shall not mail the materials specified in Section 3010 to every registered voter pursuant to Section 3000.5. For the next statewide election, the elections official shall mail a vote by mail ballot to any qualified elector who requests a vote by mail ballot pursuant to Chapter 3 (commencing with Section 3200) of Division 3. SEC. 6. Section 3000.5 of the Elections Code is amended to read: 3000.5. (a) Notwithstanding any other law, for each election, the elections official shall, no later than 29 days before the day of the election, begin mailing the materials specified in Section 3010 to every registered voter. voter, except as provided in Sections 2186 and 15301. The elections official shall have five days to mail a ballot to each person who is registered to vote on the 29th day before the day of the election and five days to mail a ballot to each person who is subsequently registered to vote. The elections official shall not discriminate against any region or precinct in choosing which ballots to mail first within the prescribed five-day mailing period. (b) The distribution of vote by mail ballots to all registered voters does not prevent a voter from voting in person at a polling place, vote center, or other authorized location. (c) Consistent with paragraph (2) of subdivision (a) of Section 2226, this section is not intended and shall not be construed to authorize a voter with an inactive voter registration status to receive a vote by mail ballot for an election. SEC. 7. Section 3011 of the Elections Code is amended to read: 3011. (a) The identification envelope shall contain all of the following: (1) A declaration, under penalty of perjury, stating that the voter resides within the precinct in which the voter is voting and is the person whose name appears on the envelope. (2) The signature of the voter. (3) The residence address of the voter as shown on the affidavit of registration. (4) The last four digits of the voter’s valid government-issued form of identification. (4) (5) The date of signing. (5) (6) A notice that the envelope contains an official ballot and is to be opened only by the canvassing board. (6) (7) A warning plainly stamped or printed on it that voting twice constitutes a crime. (7) (8) A warning plainly stamped or printed on it that the voter must sign the envelope in the voter’s own handwriting in order for the ballot to be counted. (8) (9) A statement that the voter has neither voted nor intends to vote a ballot from any other jurisdiction for the same election. (9) (10) The name and signature of the person authorized by the voter to return the vote by mail ballot pursuant to Section 3017. (b) Except at a primary election for partisan office, and notwithstanding any other provision of law, the voter’s party preference may not be stamped or printed on the identification envelope. (c) Notwithstanding paragraph (9) of subdivision (a), a ballot shall not be disqualified solely because the person authorized to return it did not provide on the identification envelope their name or signature. (d) County elections officials may continue to use existing supplies prior to printing new identification envelopes that reflect the changes made to this section by the act adding this subdivision. SEC. 8. Section 3019 of the Elections Code is amended to read: 3019. (a) (1) Upon receiving a vote by mail ballot, the elections official shall compare the signature on the identification envelope with either of the following to determine if the signatures compare: (A) The signature appearing on the voter’s affidavit of registration or any previous affidavit of registration of the voter. (B) The signature appearing on a form issued by an elections official that contains the voter’s signature and that is part of the voter’s registration record. (2) All of the following apply to the comparison of signatures pursuant to this section, including the comparison of a voter’s signature on a signature verification statement, an unsigned identification envelope statement, or a combined vote by mail ballot signature verification statement and unsigned identification envelope statement, with the signature that is part of the voter’s registration record: (A) A presumption exists that the signature on the identification envelope, signature verification statement, unsigned identification envelope statement, or provisional ballot envelope is the voter’s signature. (B) An exact match is not required for an elections official to determine that a voter’s signature is valid. The fact that signatures share similar characteristics is sufficient to determine that a signature is valid. (C) Except as provided in subparagraph (D), the elections official shall consider explanations for discrepancies between signatures that are specified in regulations promulgated by the Secretary of State. For purposes of this subparagraph, explanations include a variation in signature style over time and the haste with which a signature is written. (D) When comparing signatures, an elections official shall not review or consider a voter’s party preference, race, or ethnicity. (E) The elections official may consider characteristics of the written signature that are specified in regulations promulgated by the Secretary of State. For purposes of this subparagraph, characteristics include the slant of the signature, letter formation, and whether the signature is printed or written in cursive. (F) The elections official may use facsimiles of voters’ signatures, provided that the method of preparing and displaying the facsimiles complies with the law. (G) In comparing signatures pursuant to this section, an elections official may use signature verification technology. If signature verification technology determines that the signatures d [Text truncated for display. Full text available on Congress.gov.]