When life threatening circumstances exist, Section 2166, 2166.5, 2166.7, and 2166.8 of the California Elections Code provides for confidential voter registration. Contact our Confidential Voter Registration Specialist directly at 714-567-7563 for assistance. Details of the program as set forth in California law are 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 and email address 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) Provide a valid mailing address and be considered a vote by mail 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 vote by mail status thereby consents to placement of his or her residence address, telephone number, and email address in the roster of voters.
(2) The elections official, in producing any list, roster, or index shall exclude voters with a confidential voter status.
(3) Within 60 days of moving to a new county, obtain an order from the superior court of the new county pursuant to subdivision (a). The elections official of the new county, upon notice of the confidential voter moving into the county, shall do all of the following:
A. Contact the confidential voter and provide information regarding the application for confidential voter status in the new county.
B. Honor the confidential voter status from the former county for 60 days from the date of notice.
C. Pursuant to paragraph (2) of subdivision (b), exclude the confidential voter in any list, roster, or index during the 60-day period.
D. Remove the confidential voter status if the new voter has not provided a court order to the new county during the 60-day period.
(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 their residence address, telephone number, and email address 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, Sexual Assault, and Stalking program pursuant to Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code or a participant in the Address Confidentiality for Reproductive Health Care Service Providers, Employees, Volunteers, and Patients, and Other Individuals Who Face Threats or Violence Because of Work for a Public Entity program pursuant to Chapter 3.2 (commencing with Section 6215) of that division.
(b) Any person granted confidentiality under subdivision (a) shall:
(1) Provide a valid mailing address and be considered a vote by mail for all subsequent elections and all subsequent reregistrations inside or outside the county until the county elections official is notified otherwise by the Secretary of State or in writing by the voter. A voter requesting termination of vote by mail status thereby consents to placement of their residence address, telephone number and email address in the roster of voters.
(2) The elections official, in producing any list, roster, or index shall exclude voters with a confidential voter status.
(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.
(Amended by Stats. 2015, Ch. 728, Sec. 36. Effective January 1, 2016. Operative September 26, 2016, when the Secretary of State issued the certification prescribed by Stats. 2015, Ch. 728, Sec. 88.)
Section 2166.7 – Public Safety Officer
(a) If authorized by the county board of supervisors, a county elections official shall, upon application of a public safety officer, make confidential that officer’s residence address, telephone number, and email address appearing on the affidavit of registration, in accordance with the terms and conditions of this section.
(b) The application by the public safety officer shall contain a statement, signed under penalty of perjury, that the person is a public safety officer as defined in subdivision (f) and that a life-threatening circumstance exists to the officer or a member of the officer’s family. The application shall be a public record.
(c) The confidentiality granted pursuant to subdivision (a) shall terminate no more than two years after commencement, as determined by the county elections official. The officer may submit a new application for confidentiality pursuant to subdivision (a), and the new request may be granted for an additional period of not more than two years.
(d) Any person granted confidential voter status under subdivision (a) shall:
1) Provide a valid mailing address and be considered a vote by mail 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 vote by mail status thereby consents to placement of the voter’s residence address, telephone number, and email address in the roster of voters.
2) The elections official, in producing any list, roster, or index, shall exclude voters with a confidential voter status.
3) Within 60 days of moving to a new county, if available in the new county, apply for confidential voter status pursuant to subdivision (a). The elections official of the new county, upon notice of the confidential voter moving into the county, shall do all of the following:
(A) Contact the confidential voter and provide information regarding the application for confidential voter status in the new county.
(B) Honor the confidential voter status from the former county for 60 days from the date of notice.
(C) Pursuant to paragraph (2) of subdivision (b), exclude the confidential voter in any list, roster, or index during the 60-day period.
(D) Remove the confidential voter status if the new voter has not obtained or cannot obtain confidential voter status pursuant to this section in the new county during the 60-day period.
(e) No action in negligence may be maintained against any government entity or officer or employee thereof as a result of the disclosure of the information that is the subject of this section unless by a showing of gross negligence or willfulness.
(f) “A public safety officer” has the same meaning as defined in subdivision (a), (d), (e), (f), or (j) of Section 7920.535 of the Government Code.
(Amended by Stats. 2021, Ch. 615, Sec. 91. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
Section 2166.8 – Qualified Worker
(a) A county elections official shall, upon application of a qualified worker, make confidential that worker’s residence address, telephone number, and email address appearing on the affidavit of registration, in accordance with the terms and conditions of this section.
(b) The application by the qualified worker shall contain a statement, signed under penalty of perjury, that the person is a qualified worker as defined in subdivision (f) and that a life-threatening circumstance exists as to the qualified worker or a member of the worker’s family. The application shall be a public record.
(c) The confidentiality granted pursuant to subdivision (a) shall terminate no more than two years after commencement, as determined by the county elections official. The officer may submit a new application for confidentiality pursuant to subdivision (a), and the new request may be granted for an additional period of not more than two years.
(d) The following apply to a person granted confidential voter status under subdivision (a):
(1) The elections official, in producing any list, roster, or index, shall exclude voters with a confidential voter status.
(2) The person shall, within 60 days of moving to a new county, apply for confidential voter status pursuant to subdivision (a). The elections official of the new county, upon notice of the confidential voter moving into the county, shall do all of the following:
(A) Contact the confidential voter and provide information regarding the application for confidential voter status in the new county.
(B) Honor the confidential voter status from the former county for 60-days from the date of notice.
(C) Pursuant to paragraph (1), exclude the confidential voter in any list, roster, or index during the 60-day period.
(D) Remove the confidential voter status if the new voter has not obtained or cannot obtain confidential voter status pursuant to this section in the new county during the 60-day period.
(e) An action in negligence shall not be maintained against any government entity or officer or employee thereof as a result of the disclosure of the information that is the subject of this section except by a showing of gross negligence or willfulness.
(f) “Qualified worker” means a person who is employed by or contracts with the Secretary of State or a local election office who performs election-related work and interacts with the public or is observed by the public doing election-related work, but does not include a person who is a precinct board member who does not otherwise perform election-related work. For the purposes of this section, a qualified worker is not limited to those who exclusively perform direct election-related work for the Secretary of State or local election offices.
(Added by Stats. 2022, Ch. 554, Sec. 2. (SB 1131) Effective September 26, 2022.)