AB1392 - Elections: voter registration information: elected officials and candidates.

Assembly Bill No. 1392 CHAPTER 300 An act to amend Sections 2194, 2227, 8040, 8600, and 10226.3 of, and to add Section 2166.9 to, the Elections Code, relating to elections. [ Approved by Governor October 03, 2025. Filed with Secretary of State October 03, 2025. ] LEGISLATIVE COUNSEL'S DIGEST AB 1392, Sharp-Collins. Elections: voter registration information: elected officials and candidates. Under existing law, the residence address, telephone number, and email address of a registered voter is confidential, except that under certain circumstances a county elections official must provide that information to any candidate for federal, state, or local office, to any committee for or against any initiative or referendum measure, and to any person for election, scholarly, journalistic, political, or governmental purposes. This bill would exempt the residence address, telephone number, and email address of a federal, state, or local elected official or candidate from that disclosure requirement, except that the information may be disclosed for journalistic or governmental purposes under specified conditions. The bill would require the Secretary of State to provide each county elections official with a list identifying each federal and state elected official or candidate residing in the county, require the county elections official to add each local elected official or candidate to that list, and require the county elections official to make the elected official or candidate’s information confidential within 5 business days. The bill would require the county elections official to exclude the elected official or candidate’s confidential information when producing any list, roster, or index. The bill would require an elected official or candidate to contact their county elections official to ensure their voter registration record has been made confidential. The bill would authorize an elected official or candidate to opt out of making their residence address, telephone number, and email address confidential. By adding new duties for county elections officials, this bill would create a state-mandated local program. This bill would incorporate additional changes to Section 2194 of the Elections Code proposed by AB 827 to be operative only if this bill and AB 827 are enacted and this bill is enacted last. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. 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. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill Text The people of the State of California do enact as follows: SECTION 1. Section 2166.9 is added to the Elections Code, to read: 2166.9. (a) For purposes of this section, “elected official or candidate” means a federal, state, or local elected official or a candidate for an elected federal, state, or local office. (b) An elected official or candidate shall have their residence address, telephone number, and email address appearing on the affidavit of registration made confidential in accordance with the terms and conditions of this section. (c) (1) When a person files nomination papers for an elected federal or state office, the Secretary of State shall provide to each county elections official a list identifying each elected official or candidate residing in each respective county. (2) When a person files nomination papers for an elected local office, the county elections official shall add that individual’s name to a list identifying each elected official or candidate residing in that county. The county elections official shall periodically update the list for each election cycle. (3) Within five business days of receipt of the list described in paragraph (1) or, for an office for which nomination papers are filed with the county elections official, within five business days of the filing of nomination papers with the county elections official, the county elections official shall make confidential that elected official or candidate’s residence address, telephone number, and email address appearing on the affidavit of registration. (d) (1) The county elections official, in producing any list, roster, or index, shall exclude voters with a confidential voter status pursuant to this section. (2) Within 60 days of moving to a new county, if available in the new county, the elected official or candidate shall apply for confidential voter status pursuant to this section. The elections official of the new county, upon notice of the confidential voter moving into the county, shall do all of the following: (A) Contact the confidential voter and provide information regarding the application for confidential voter status in the new county. (B) Honor the confidential voter status from the former county for 60 days from the date of notice. (C) Pursuant to paragraph (1), exclude the confidential voter in any list, roster, or index during the 60-day period. (D) Remove the confidential voter status if the new voter has not obtained or cannot obtain confidential voter status pursuant to this section in the new county during the 60-day period. (e) An elected official or candidate shall contact their county elections official to ensure their voter registration record has been made confidential in accordance with the terms and conditions of this section. (f) An elected official or candidate’s residence address, telephone number, and email address shall remain confidential until, for an elected official, the official no longer holds the office or, for a candidate, the winning candidate takes office. (g) A county or county elections official shall not be liable for taking or failing to take the actions described in this section when the county or county elections official has received erroneous information from the Secretary of State. (h) An action in negligence shall not be maintained against any government entity or officer or employee thereof as a result of the disclosure of the information that is the subject of this section, except by a showing of gross negligence or willfulness. (i) An elected official or candidate holding office as of the effective date of this section shall contact their county elections official to ensure their voter registration record has been made confidential in accordance with the terms and conditions of this section. County elections officials shall make the elected official’s information confidential when contacted by the elected official or candidate. (j) (1) A candidate who does not wish to have confidential voter status may opt out when completing their candidate filing statement provided by a county elections official. (2) (A) An elected official who wishes to opt out of confidential voter status may submit a letter to the county elections official declaring their decision to be exempt from the requirements of this section. (B) A request pursuant to subparagraph (A) shall include the elected official’s full name, voter registration address, and a clear statement that they wish to opt out of having their residence address, telephone number, and email address made confidential pursuant to this section. (C) Upon receipt of the request, the county elections official shall remove the confidential designation from the individual’s voter registration record within five business days. (D) The county elections official shall notify the Secretary of State and any other relevant local elections officials of the decision to opt out within five business days of processing the request. (E) An elected official who opts out may reapply for confidential voter status at any time while serving in or running for office, and confidential voter status shall be reinstated in accordance with this section upon receipt of the request. (k) (1) Notwithstanding any other law, an elected official or candidate’s residence address, telephone number, and email address made confidential pursuant to this section may be disclosed only for bona fide journalistic or governmental purposes. A person seeking an elected official or candidate’s confidential residence address, telephone number, and email address for a journalistic purpose pursuant to this section shall apply to the Secretary of State or to a county elections official as specified in paragraph (2). (2) (A) A person seeking a federal or state elected official or candidate’s confidential residence address, telephone number, and email address for journalistic purposes shall submit all of the following to the Secretary of State: (i) A completed California Voter Registration File Request application. (ii) A letter of authorization or affiliation from the media outlet that the person represents. If the person submitting the request is a member of the media, a press pass may be submitted in lieu of a letter of authorization. (iii) A declaration under penalty of perjury attesting to the intended journalistic use of the information. (B) A person seeking a local elected official or candidate’s confidential residence address, telephone number, and email address for journalistic purposes shall submit requests to the county elections official or other local elections official. (C) A county elections official shall process a request for a local elected official or candidate’s confidential residence address, telephone number, and email address for journalistic purposes consistent with the requirements of regulations promulgated by the Secretary of State. (D) The county elections official shall retain records of all requests for, and disclosures of, a local elected official or candidate’s confidential residence address, telephone number, and email address for journalistic purposes. The county elections official may reject a request that does not clearly adhere to the requirements of this subdivision. (3) For purposes of this chapter, “journalistic purposes” shall be interpreted in a manner consistent with subdivision (b) of Section 2 of Article I of the California Constitution. SEC. 2. Section 2194 of the Elections Code is amended to read: 2194. (a) Except as provided in Section 2194.1, the affidavit of voter registration information identified in Section 7924.000 of the Government Code: (1) Shall be confidential and shall not appear on any computer terminal, list, affidavit, duplicate affidavit, or other medium routinely available to the public at the county elections official’s office. (2) Shall not be used for any personal, private, or commercial purpose, including, but not limited to: (A) The harassment of any voter or voter’s household. (B) The advertising, solicitation, sale, or marketing of products or services to any voter or voter’s household. (C) Reproduction in print, broadcast visual or audio, or display on the internet or any computer terminal unless pursuant to paragraph (3). (3) Shall be provided with respect to any voter, subject to the provisions of Sections 2166, 2166.5, 2166.7, 2166.8, 2166.9, and 2188, to any candidate for federal, state, or local office, to any committee for or against any initiative or referendum measure for which legal publication is made, and to any person for election, scholarly, journalistic, or political purposes, or for governmental purposes, as determined by the Secretary of State. (4) May be used by the Secretary of State for the purpose of educating voters pursuant to Section 12173 of the Government Code. (b) (1) Notwithstanding any other law, the California driver’s license number, the California identification card number, the social security number, and any other unique identifier used by the State of California for purposes of voter identification shown on the affidavit of voter registration of a registered voter, or added to voter registration records to comply with the requirements of the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.), are confidential and shall not be disclosed to any person. (2) Notwithstanding any other law, the signature of the voter shown on the affidavit of voter registration or an image thereof is confidential and shall not be disclosed to any person, except as provided in subdivision (c). (c) (1) The home address or signature of any voter shall be released whenever the person’s vote is challenged pursuant to Sections 15105 to 15108, inclusive, or Article 3 (commencing with Section 14240) of Chapter 3 of Division 14. The address or signature shall be released only to the challenger, to elections officials, and to other persons as necessary to make, defend against, or adjudicate the challenge. (2) An elections official shall permit a person to view the signature of a voter for the purpose of determining whether the signature compares with a signature on an affidavit of registration or an image thereof or a petition, but shall not permit a signature to be copied. (d) A governmental entity, or officer or employee thereof, shall not be held civilly liable as a result of disclosure of the information referred to in this section, unless by a showing of gross negligence or willfulness. (e) For the purposes of this section, “voter’s household” is defined as the voter’s place of residence or mailing address or any persons who reside at the place of residence or use the mailing address as supplied on the affidavit of registration pursuant to paragraphs (3) and (4) of subdivision (a) of Section 2150. (f) Notwithstanding any other law, information regarding voters who did not sign a vote by mail ballot identification envelope or whose signature on the vote by mail ballot identification envelope did not compare with the voter’s signature on file shall be treated as confidential voter registration information pursuant to this section and Section 7924.000 of the Government Code. This information shall be provided with respect to any voter, subject to the provisions of Sections 2166, 2166.5, 2166.7, 2166.8, 2166.9, and 2188, to any candidate for federal, state, or local office, to any committee for or against any initiative or referendum measure for which legal publication is made, and to any person for election, scholarly, journalistic, or political purposes, or for governmental purposes, as determined by the Secretary of State, but otherwise shall not be disclosed to any person. Any disclosure of this information shall be accompanied by a notice to the re [Text truncated for display. Full text available on Congress.gov.]