General Provisions

Cal. ELEC § 2209

California Statutes

(

a) For conservatorships established pursuant to Division 4 (commencing with

Section 1400) of the Probate Code, the court investigator shall, during the yearly or biennial review of the conservatorship as required by

Chapter 2 (commencing with

Section 1850) of Part of Division of the Probate Code, review the person’s capability of communicating, with or without reasonable accommodations, a desire to participate in the voting process. (

b) If the person has been disqualified from voting by reason of being incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, or by reason of being incapable of completing an affidavit of voter registration, the court investigator shall determine if the person continues to be incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and the investigator shall so inform the court.

If the investigator determines that the person continues to be incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, a court hearing on the issue is unnecessary. If the investigator finds that the person is not incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, the court shall hold a hearing to determine if, by clear and convincing evidence, the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process.

Unless the person is found incapable of communicating that desire, the person’s right to register to vote shall be restored, and the court shall provide notice to the Secretary of State pursuant to

Section 2211.5. (

c) If the person has not been found incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and the court investigator determines that the person is no longer capable of communicating that desire, the investigator shall so notify the court. The court shall hold a hearing to determine if, by clear and convincing evidence, the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process. If the court determines that the person cannot communicate that desire, the court shall order the person to be disqualified from voting pursuant to

Section 2208, and the court shall provide notice to the Secretary of State pursuant to

Section 2211.5. (

d) This

section shall become operative on January 1, 2024.

Document details

CollectionCalifornia Statutes
CitationCal. ELEC § 2209
Date2023-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierELEC2209.20228076

General Provisions

Cal. ELEC § 2209

California Statutes

General Provisions

Cal. ELEC § 2209

California Statutes

(

a) For conservatorships established pursuant to Division 4 (commencing with

Section 1400) of the Probate Code, the court investigator shall, during the yearly or biennial review of the conservatorship as required by

Chapter 2 (commencing with

Section 1850) of Part of Division of the Probate Code, review the person’s capability of communicating, with or without reasonable accommodations, a desire to participate in the voting process. (

b) If the person has been disqualified from voting by reason of being incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, or by reason of being incapable of completing an affidavit of voter registration, the court investigator shall determine if the person continues to be incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and the investigator shall so inform the court.

If the investigator determines that the person continues to be incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, a court hearing on the issue is unnecessary. If the investigator finds that the person is not incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, the court shall hold a hearing to determine if, by clear and convincing evidence, the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process.

Unless the person is found incapable of communicating that desire, the person’s right to register to vote shall be restored, and the court shall provide notice to the Secretary of State pursuant to

Section 2211.5. (

c) If the person has not been found incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and the court investigator determines that the person is no longer capable of communicating that desire, the investigator shall so notify the court. The court shall hold a hearing to determine if, by clear and convincing evidence, the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process. If the court determines that the person cannot communicate that desire, the court shall order the person to be disqualified from voting pursuant to

Section 2208, and the court shall provide notice to the Secretary of State pursuant to

Section 2211.5. (

d) This

section shall become operative on January 1, 2024.

Document details

CollectionCalifornia Statutes
CitationCal. ELEC § 2209
Date2023-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierELEC2209.20228076
General Provisions | CaseLite