California Elections Code 2154 – In the event that the county elections official receives an affidavit …
In the event that the county elections official receives an affidavit of registration, executed under penalty of perjury, that does not include portions of the information for which space is provided, the county elections official shall apply the following rebuttable presumptions:
(a) If no middle name or initial is shown, it shall be presumed that none exists.
Terms Used In California Elections Code 2154
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Election: means any election including a primary that is provided for under this code. See California Elections Code 318
- Elections official: means any of the following:
California Elections Code 320
- Party: means a political party or organization that has qualified for participation in any primary or presidential general election. See California Elections Code 338
- Roster: means the official list of voters for an election, which may be in paper or electronic form. See California Elections Code 349.5
- Voter: means any elector who is registered under this code. See California Elections Code 359
(b) If no party preference is shown, it shall be presumed that the affiant has declined to disclose a party preference. The county elections official shall designate the affiant’s party preference as “Unknown” on a roster under Article 5 (commencing with Section 2183) and the affiant shall otherwise be treated as a “No Party Preference” voter.
(c) If no execution date is shown, it shall be presumed that the affidavit was executed on or before the 15th day prior to the election, provided that (1) the affidavit is received by the county elections official on or before the 15th day before the election, or (2) the affidavit is postmarked on or before the 15th day before the election and received by mail by the county elections official.
(d) If the affiant fails to identify his or her state of birth within the United States, it shall be presumed that the affiant was born in a state or territory of the United States if the birthplace of the affiant is shown as “United States,” “U.S.A.,” or other recognizable term designating the United States. The affiant’s failure to furnish his or her place of birth shall not preclude his or her affidavit of registration from being deemed complete.
(Amended by Stats. 2017, Ch. 806, Sec. 10. (SB 286) Effective January 1, 2018.)