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Who Can Register To Vote In California

Updated: Jun 19, 2022

Because everyone matters in Big Bear Lake.





Who Can Register to Vote in California?

In order to register to vote, a person must be:

  • A United States citizen and a resident of California,

  • 18 years old or older on Election Day (or 16 or 17 years old for pre-registration),

  • Not currently serving a state or federal prison term for the conviction of a felony, and

  • Not currently found mentally incompetent to vote by a court.

United States Citizenship

The most basic requirement for registering to vote is United States citizenship. The 14th Amendment to the United States Constitution states, “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.” A person is not a citizen simply because they live in California or are married to a U.S. citizen.

Both federal law and state law require the applicant to check a box on the affidavit of registration to indicate that they are a U.S. citizen. If an applicant has not checked the "Yes" box to indicate U.S. citizenship and instead left the U.S. citizenship check box blank, the affidavit of registration will not be accepted. Elections Code section 2111 states that an affidavit of registration is proof of citizenship for voting purposes only; it cannot be used to prove citizenship for any other purpose.

California Residency

A voter’s residence, for purposes of voter registration, is the address specified by the voter. A voter may have more than one residence but may only register to vote at the residence the voter considers to be their domicile. For example, a voter may have homes in Red Bluff and San Diego, spending a portion of their time in each. In this case, the voter should register at the address they consider to be their principal residence, at which they have the intention of remaining, and to which they, when away, intend to return.

A person’s residence status depends on their action and intent. If a person moves to another state or another country but intends to return, they may still claim residency in California. However, they cannot register to vote in another state and also continue to vote in California.

If a person is in the service of the United States or the State of California, that person may retain residency in California for voting purposes if stationed elsewhere. (Elec. Code, § 2025.)

A student who is going to school away from home may register to vote either at the address where they live when going to school or at the address where they live when they are not going to school. If a student is re-registering to vote at their school address, they should fill out the prior registration portion of the card to update their previous registration.

Courts have ruled that a person who is experiencing homelessness may register to vote at a location they state is the place where they spend most of their time. The person must provide a description of the location that is clear enough for the elections official to establish that person’s right to vote in a particular precinct. This ensures accurate elections materials can be provided to this voter. In these instances, a mailing address should (but is not required) to be provided in order for the voter to receive election materials.

Age

Citizens who will be at least 18 years of age at the time of the next election may register and vote.

The pre-registration of 16- and 17-year olds, who meet all of the other eligibility requirements to vote, is also allowed. Those citizens will automatically be registered to vote on their 18th birthdays. (Elec. Code, § 2102.)

Serving a state or federal prison term for a felony conviction

A person loses the right to register and vote while they are serving a state or federal prison term for the conviction of a felony. Once they are out of state or federal prison (or county jail or other correctional facility for serving a state prison sentence) the person’s ability to vote (if they were previously registered) or to register and vote is restored. (Elec. Code, §§ 2101, 2212.) For more information on the rights of people who have been incarcerated, please see the Secretary of State’s Voting Rights: Persons with a Criminal History.

Mental incompetence

A person declared by a court to be mentally incompetent, and therefore disqualified from voting, may not register to vote. The registration of any voter found by a court to be mentally incompetent for voting purposes must be canceled by the county elections official. (Elec. Code, §§ 2208, 2209, 2210, 2211.) For more information on the rights of people who have been incarcerated, please see the Secretary of State’s Voting Rights: Persons Subject to Conservatorship.


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