VOTE – Where to Register

People ask, “Is it legal to change your voter registration to vote against the Vacancy Tax?” I can not give you legal advice, but can try to provide you with some knowledge about the laws governing the issue so you can make an informed decision of your own. You may wish to consult with your attorney.

To be clear, I do not encourage anyone to change their voter domicile illegally.

LATEST UPDATE FOR VOTERS WITH MORE THAN ONE RESIDENCE REGISTERING TO VOTE AT SOUTH LAKE TAHOE ADDRESS

YOU ARE ALLOWED TO LEGALLY VOTE at YOUR South Lake Tahoe residence

The El Dorado District Attorney’s office issued a new explanation of the voter registration laws that apply to voters with more than one residence who wish to register to vote at their South Lake Tahoe residence.

Deputy District Attorney Miles B. Perry’s August 8, 20224 letter provides a better and more accurate explanation which updates DA Vern Pierson’s 2011 Fallen Leaf letter. It also clarifies the requirements they are checking to just “Driver’s License and registration and Homeowner’s deduction”. This eliminates all the confusing jargon about “domicile” that created controversy and confusion about the voter registration requirements and may have shifted the outcome of the vote on Measure T that prevailed by only 58 votes.

This time the letter only states that “a voter who has more than one residence must choose the residence for which they claim a property tax exemption on their taxes (if any) as their primary residence for purposes of voting in an election. The election law further states that the primary residence is determined by the address used for your driver’s license and vehicle registration.”

In addition to the information provided in the new letter, voters should be aware that there is no requirement for anyone to take the Home-Owner’s tax deduction even if they qualify. The savings is only 1% of the $7,000.00 deduction, for about a $70.00 tax savings.

The Home-Owner’s deduction can be suspended or removed by the homeowner for a specific year by calling the Tax Collector’s office for the county where the property is located** to eliminate any issues. (Note: There are some other rules if you receive a veteran” s tax deduction.) ** Listing of County Tax Collectors is available at (ca.gov) https://www.boe.ca.gov/proptaxes/countycontacts.htm for your convenience.

Changing the address for voter registration is simple. In California, once you have registered to vote, you will not need to re-register to vote again unless you change your name or change your political party preference. You can update your residence address at the Department of Moter Vehicles: Submit a Change of Address Online – California DMV https://www.dmv.ca.gov/portal/online-change-of-address-coa-system/

you can change the mailing address for your ballot or file a new registration form with the Registrar of Voters at: Voter Registration :: California Secretary of State https://www.sos.ca.gov/elections/voter-registration

More information is available at: VOTE-WHERE TO REGISTER –

Lake Tahoe Taxpayers Association Link: https://tahoetaxpayer.com/vote-where-to-register-copy/

New Voter Registration Rules

Every person who registers or re-registers to vote after January 1, 2006, is required to include on their voter registration affidavit their California driver’s license number, if they have a current and valid driver’s license, or their California identification card number, if they have one, or, if they have neither a driver’s license nor a California ID, the last four digits of their social security number, if they have one. If a person does not possess a driver’s license, state-issued identification card or a social security number, he or she is still able to apply to register to vote. But, if they do have this information, they must provide it. Any person voting for the first time who registers by mail who does not provide this information will be asked to show a form of identification when they go to the polls, or to provide a copy of that identification with their vote-by-mail ballot. There are 30 forms of identification that can be used for this purpose under HAVA, including a government issued check or a utility bill that includes the person’s name and address.

THE NEW FEDERAL LAWS ON VOTER REGISTRATION APPLY TO ALL STATES

The Help America Vote Act (HAVA) Civil Rights Division | The National Voter Registration Act Of 1993 (NVRA) (justice.gov) was signed into law by President George W. Bush On October 29, 2002. HAVA creates new mandatory minimum standards for states to follow.

Civil Rights Division | Voting Section | United States Department of Justice

In order to comply with the above Federal law, the California Secretary of State has enacted the following provisions regarding voter registration:

The Help America Vote Act

20107. Standards for Proof of Residency or Identity When Proof Is Required by Help America Vote Act ( help-america-vote-act-hava-identification-standards-__-california-secretary-of-state-1) does provide some legal information about what you can use to establish where you can vote. It lists a large number of specified forms of accepted proof that you can register to vote including among many others:

• Driver’s license
• A. utility bill;
• R. property tax statement issued by a governmental agency.
• S vehicle registration issued by a governmental agency; or
• T vehicle certificate of ownership (pink slip) issued by a governmental agency.
  

The Help America Vote Act (HAVA) is intended to help people register to vote. It is not designed to regulate where you register to vote. However, it does provide some legal information about what you can and cannot use to establish your legal “domicile” for where you can vote.

The National Voter Registration Act Of 1993 (NVRA)

The National Voter Registration Act of 1993 (also known as the “NVRA” or “motor voter law”) sets forth certain mandatory voter registration requirements with respect to elections for federal office. 

California Secretary of State implemented the National Voter Registration Act

Did you know… Starting January 1, 2020, California law now allows you to use a business address as your residence, if that place of business is also where you now reside.

You do need to have a physical residential address to register, but the ballot can be sent to any address you like. You may need to go to the Voter Registration page (below) to change the mailing address.

OTHER ISSUES THAT HAVE CONCERNED VOTERS

California Vehicle Registration: You do not need to register your vehicle at the residence you registered to vote at. California law requires vehicles to be registered where they are “parked or stored”, regardless of where you live.

There was also a question about “home-owner’s tax deduction”. California Constitution Article XIII – Taxation
Section 3. “The following are exempt from property taxation: (k) $7,000 (regardless of the value), when occupied by an owner as his principal residence, unless the dwelling is receiving another real property exemption.”

Note: It specifically states “principal residence” not domicile. Your domicile is where you are supposed to be registered to vote. You must occupy the dwelling as your principal residence as of January 1 of each year to qualify for the Homeowners’ Exemption for that year.

There is no requirement that you take the Home-Owner’s tax deduction even if you qualify. The savings is only about 1% of the $7,000.00 deduction or about $70-100.00. You can suspend or remove it for a specific year by calling the Tax Collector’s office for the county where the property is located* to remove any possible residency issues. Note: There are some other rules if you receive a veteran’s tax deduction.

If you drop the deduction for a year, you may re-file for the deduction the next year before February 15 to receive the full exemption for that year.

*Listing of County Tax Collectors (ca.gov) https://www.boe.ca.gov/proptaxes/countycontacts.htm

Pre-election Residency Confirmation Postcard

These postcards just verify your registration.

California law also requires county elections officials to conduct a residency confirmation procedure at least 90 days before the direct primary election. (Elec. Code, § 2220(a).) This confirmation is initiated by mailing a non-forwardable postcard, sent “Address Correction Requested, Return Postage Guaranteed,” to each registered voter of the county prior to a direct primary election. The postcard must be in substantially the following form:

• We are requesting your assistance in correcting the addresses of voters who have moved and have not reregistered.
• 1. If you still live at the address noted on this postcard, your voter registration will remain in effect and you may disregard this notice.
• 2. If the person named on this postcard is not at this address, please return this postcard to your mail carrier.

What Local Election Officials Have Said

Linda Webster, El Dorado County assistant registrar of voters, said, “We are not an enforcement agency.

Susan Blankenship is South Lake Tahoe’s elections orifical – not the county. She stated that “It is not up to me to contact people who have changed their voter registration address,” when questioned about whether she tells people about the Election Code. She also is not an enforcer. (Mountain News, May 2024)

The only incidents I have been able to find of individuals being prosecuted for registration fraud all involved falsely registering at an address for the purpose of running for an elected office in a district that they did not reside in. That is considered a serious crime because it involves fraud.

And no-one was prosecuted

“Ahead of the Palm Springs vacation rental vote, dozens of short term rental owners who own property in the city but primarily reside elsewhere have registered to vote locally, enabling them to cast ballots with other Palm Springs voters Tuesday. A Desert Sun examination of the Palm Springs voter roll showed that 128 people registered to vote in the June 5 election and listed licensed vacation rental properties as their residence. “

YOU CAN REGISTER TO VOTE HERE

MILITARY AND OVERSEAS VOTERS MAY REGISER TO VOTE

You may check the status of your voter registration by visiting My Voter Status or by contacting your county elections official.

If you have problems registering to vote or have additional questions contact:

Call the Secretary of State’s toll-free Voter Hotline at (800) 345-VOTE (8683) or contact your county elections office, which is where your voter registration record is maintained. For assistance in other languages, please refer to Contact Information.

THREATS OF RETALIATION FROM SUPPORTERS OF THE VACANCY TAX

It has been reported that some supporters of the Vacancy Tax have threatened to prosecute anyone who changes their voter registration in order to vote in the November election on the tax measure. This is not only a lie, it is a felony to make such threats. Please document any such attempts to intimidate voters so we can take appropriate legal action.

The only thing the supports can do is to file a complaint. The complaints are examined to determine if they are credible and then a determination is made as to whether any action should be taken – the Vacancy Tax supporters do not have the authority to take any other action.

Anyone being harassed about registering to vote in SLT, please take note, they are breaking Federal law by intimidating you.

Intimidation of Voters
Every person who makes use of or threatens to make use of any force, violence, or tactic of coercion or intimidation, to induce or compel any other person to vote or refrain from voting at any election or to vote or refrain from voting for any particular person or measure at any election, or because any person voted or refrained from voting at any election or voted or refrained from voting for any particular person or measure at any election is guilty of a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years. (§ 18540(a).)

Every person who hires or arranges for any other person to make use of or threaten to make use of any force, violence, or tactic of coercion or intimidation, to induce or compel any other person to vote or refrain from voting at any election or to vote or refrain from voting for any particular person or measure at any election, or because any person voted or refrained from voting at any election or voted or refrained from voting for any particular person or measure at any election is guilty of a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years (§ 18540(b).)

VOTER REGISTRATION ISSUES

Who can register to vote?

To register to vote in California, you must be:

• A United States citizen and a resident of California,
• 18 years old or older on Election Day,
• Not currently serving a state or federal prison term for the conviction of a felony (for more information, please see Voting Rights Restored: Persons with a Prior Felony Conviction), and
• Not currently found mentally incompetent to vote by a court (for more information, please see Voting Rights: Persons Subject to Conservatorship).

Frequently Asked Questions :: California Secretary of State

OTHER VOTER REGISTRATION ISSUES

I Do Not Have a Fixed Address | Registrar of Voters | County of Santa Clara (santaclaracounty.gov)

I noticed that there are 30 people registered to vote at the local homeless shelter. Can people really register to vote at a temporary location like a homeless shelter?

Both state law and judicial rulings support the right of persons experiencing homelessness to register to vote. They may register to vote as long as they maintain a fixed location where they can receive mail and at which they can be properly assigned to a precinct. (Elec. Code, § 2027.) Voting Law Compliance Handbook :: California Secretary of State

Disclaimer: These codes may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on state sites. Please check official sources.

Obsolete codes

Section 349 – “Residence” defined, Cal. Elec. Code § 349 |

Voting Law Compliance Handbook :: California Secretary of State