California Civil Jury Instructions (CACI)
4013. Affidavit of Voter Registration
If you find that [name of respondent], as a result of [a mental disorder/impairment by chronic alcoholism], is gravely disabled, then you must also decide whether [he/she] is capable of completing an affidavit of voter registration. To reach a verdict that [name of respondent] is not capable of completing an affidavit of voter registration, all 12 jurors must agree to that decision.
To complete an affidavit of voter registration, [name of respondent] must be able to state: the facts necessary to establish the [name of respondent] as a voter; [his/her] full name, residential address, and telephone number; [his/her] mailing address, if different from the residential address; [his/her] date of birth; the state or county of birth; [his/her] occupation; [his/her] political party affiliation; that [he/she] is not currently imprisoned or on parole for the conviction of a felony; and whether [he/she] has been registered at another address, under another name, or is intending to affiliate with another party, and if so the prior address, name, or party.
Directions for Use
This instruction should be given if the petition prays for this relief.
Sources and Authority
Elections Code section 2208 provides, in part:
(a) A person shall be deemed mentally incompetent, and therefore disqualified from voting, if, during the course of any of the proceedings set forth below, the court finds that the person is not capable of completing an affidavit of voter registration in accordance with Section 2150 and any of the following apply:
(2) A conservator for the person or the person and estate is appointed pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code.
(b) If the proceeding under the Welfare and Institutions Code is heard by a jury, the jury shall unanimously find that the person is not capable of completing an affidavit of voter registration before the person shall be disqualified from voting.
Elections Code section 2150 provides, in part:
(a) The affidavit of registration shall show:
(1) The facts necessary to establish the affiant as an elector.
(2) The affiant's name at length, including his or her given name, and a middle name or initial, or if the initial of the given name is customarily used, then the initial and middle name.
(3) The affiant's place of residence, residence telephone number, if furnished, and e-mail address, if furnished.
(4) The affiant's mailing address, if different from the place of residence.
(5) The affiant's date of birth to establish that he or she will be at least 18 years of age on or before the date of the next election.
(6) The state or country of the affiant's birth.
(7) The affiant's California driver's license number, California identification card number, or other identification number as specified by the Secretary of State.
(8) The affiant's political party affiliation.
(9) That the affiant is currently not imprisoned or on parole for the conviction of a felony.
(10) A prior registration portion indicating whether the affiant has been registered at another address, under another name, or as intending to affiliate with another party. If the affiant has been so registered, he or she shall give an additional statement giving that address, name, or party.
(b) The affiant shall certify the content of the affidavit as to its truth and correctness, under penalty of perjury, with he signature of his or her name and the date of signing. If the affiant is unable to write he or she shall sign with a mark or cross.
(c) The affidavit of registration shall also contain a space that would enable the affiant to state his or her ethnicity or race, or both. An affiant may not be denied the ability to register because he or she declines to state his or her ethnicity or race.
(d) If any person, including a deputy registrar, assists the affiant in completing the affidavit, that person shall sign and date the affidavit below the signature of the affiant.
2 California Conservatorship Practice (Cont.Ed.Bar 2005), § 11.34
24 California Forms of Pleading and Practice, Ch. 285, Guardianship and Conservatorship: Care of Ward or Conservatee, § 285.26 (Matthew Bender)
(New June 2005)