Confidential Registration & Life Threatening
Circumstances
When life threatening circumstances exist, Section 2166
and 2166.5 of the California Elections Code provides for confidential
voter registration as follows:
2166. Confidential registration upon order of superior
court.
(a) Any person filing with the county elections official
a new affidavit of registration or reregistration may have the information
relating to his or her residence address and telephone number appearing
on the affidavit, or any list or roster or index prepared therefrom,
declared confidential upon ORDER OF A SUPERIOR COURT issued
upon a showing of good cause that a life threatening circumstance
exists to the voter or a member of the voter’s household, and
naming the county elections official as a party.
(b) Any person granted confidentiality under subdivision
(a) shall:
(1) Be considered an absent voter for all subsequent
elections or until the county elections official is notified otherwise
by the court or in writing by the voter. A voter requesting termination
of absent voter status thereby consents to placement of his or
her residence address and telephone number in the roster of voters.
(2) In addition to the required residence address,
provide a valid mailing address to be used in place of the residence
address for election, scholarly, or political research, and government
purposes. The elections official, in producing any list, roster,
or index may, at his or her choice, use the valid mailing address
or the word "confidential" or some similar designation
in place of the residence address.
(c) No action in negligence may be maintained against
any government entity or officer or employee thereof as a result
of disclosure of the information which is the subject of this section
unless by a showing of gross negligence or willfulness.
2166.5. Confidential registration.
(a) Any person filing with the county elections official
a new affidavit of registration or reregistration may have the information
relating to his or her residence address and telephone number appearing
on the affidavit, or any list or roster or index prepared therefrom,
declared confidential upon presentation of certification that the
person is a participant in the Address Confidentiality for Victims
of Domestic Violence program pursuant to Chapter 3.1 (commencing
with Section 6205) of Division 7 of Title 1 of the Government Code.
(b) Any person granted confidentiality under subdivision
(a) shall:
(1) Be considered an absent voter for all subsequent
elections or until the county elections official is notified otherwise
by the Secretary of State or in writing by the voter. A
voter requesting termination of absent voter status thereby consents
to placement of his or her residence address and telephone number
in the roster of voters.
(2) In addition to the required residence address,
provide a valid mailing address to be used in place of the residence
address for election, scholarly, or political research, and government
purposes. The elections official, in producing any list,
roster, or index may, at his or her choice, use the valid mailing
address or the word "confidential" or some similar designation
in place of the residence address.
(c) No action in negligence may be maintained against
any government entity or officer or employee thereof as a result
of disclosure of the information that is subject of this section
unless by a showing of gross negligence or willfulness.
(d) Subdivisions (a) and (b) shall not apply to any
person granted confidentiality upon receipt by the county elections
official of a written notice by the address confidentiality program
manager of the withdrawal, invalidation, expiration, or termination
of the program participant's certification.
(e) The section shall remain in effect only until
January 1, 2005, and as of that date is repealed, unless a later
enacted statute, that is enacted before January 1, 2005, deletes
or extends that date.
If you need more information on this process call
(714) 567-7620.
