BILL NUMBER: SB 381	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 28, 2008
	PASSED THE ASSEMBLY  AUGUST 14, 2008
	AMENDED IN ASSEMBLY  JULY 15, 2008
	AMENDED IN ASSEMBLY  JULY 1, 2008
	AMENDED IN ASSEMBLY  APRIL 24, 2008

INTRODUCED BY   Senator Calderon
   (Principal coauthor: Assembly Member Price)
   (Coauthors: Senators Cedillo and Scott)
   (Coauthor: Assembly Member Mendoza)

                        FEBRUARY 21, 2007

   An act to add Chapter 2.5 (commencing with Section 2196) to
Division 2 of the Elections Code, relating to voters.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 381, Calderon. Voter registration.
   Existing law prohibits any person from being registered as a voter
except by affidavit of registration and requires that the affidavit
be mailed or delivered to the county elections official. The
Secretary of State has certain administrative duties under existing
law in providing voter registration materials. The federal National
Voter Registration Act of 1993 provides for state departments of
motor vehicles to make voter registration information and materials
available to an applicant for a driver's license and other vehicular
documents. Under existing state law, the Department of Motor Vehicles
requires licensed persons to provide a signature and the Department
of Motor Vehicles is required to digitize that signature and forward
the digitized signature to the Secretary of State if a person wishes
to register to vote.
   This bill would, after the Secretary of State certifies that the
state has a statewide voter registration database that complies with
the requirements of the federal Help America Vote Act of 2002,
authorize a person who is qualified to register to vote and who has a
valid California driver's license or state identification card to
submit an affidavit of voter registration electronically on the
Internet Web site of the Secretary of State. An affidavit of voter
registration submitted through this process is effective if received
by the Secretary of State on or before the 15th day prior to an
election, subject to specified requirements.
   The bill would require the Secretary of State to obtain an
electronic copy of an applicant's signature from his or her driver's
license or state identification card directly from the Department of
Motor Vehicles, and that the electronic voter registration system
provide for immediate verification of the applicant's driver's
license or state identification card number and the applicant's date
of birth. The bill would require the Department of Motor Vehicles to
use this electronic registration process to comply with its duties
and responsibilities as a voter registration agency pursuant to the
federal National Voter Registration Act of 1993.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Chapter 2.5 (commencing with Section 2196) is added to
Division 2 of the Elections Code, to read:
      CHAPTER 2.5.  ONLINE VOTER REGISTRATION


   2196.  (a) (1) Notwithstanding any other provision of law, a
person who is qualified to register to vote and who has a valid
California driver's license or state identification card may submit
an affidavit of voter registration electronically on the Internet Web
site of the Secretary of State. This chapter shall become operative
when the Secretary of State certifies that the state has a statewide
voter registration database that complies with the requirements of
the federal Help America Vote Act of 2002 (42 U.S.C. Sec. 15301 et
seq.).
   (2) An affidavit submitted pursuant to this section is effective
upon receipt of the affidavit by the Secretary of State if the
affidavit is received on or before the 15th day prior to an election
to be held in the precinct of the person submitting the affidavit.
   (3) The affiant shall affirmatively attest to the truth of the
information provided in the affidavit.
   (4) For voter registration purposes, the applicant shall
affirmatively assent to the use of his or her signature from his or
her driver's license or state identification card.
   (5) For each electronic affidavit, the Secretary of State shall
obtain an electronic copy of the applicant's signature from his or
her driver's license or state identification card directly from the
Department of Motor Vehicles.
   (6) The Secretary of State shall require a person who submits an
affidavit pursuant to this section to submit all of the following:
   (A) The number from his or her California driver's license or
state identification card.
   (B) His or her date of birth.
   (C) The last four digits of his or her social security number.
   (D) Any other information the Secretary of State deems necessary
to establish the identity of the affiant.
   (7) Upon submission of an affidavit pursuant to this section, the
electronic voter registration system shall provide for immediate
verification of both of the following:
   (A) That the applicant has a California driver's license or state
identification card and that the number for that driver's license or
identification card provided by the applicant matches the number for
that person's driver's license or identification card that is on file
with the Department of Motor Vehicles.
   (B) That the date of birth provided by the applicant matches the
date of birth for that person that is on file with the Department of
Motor Vehicles.
   (8) The Secretary of State shall employ security measures to
ensure the accuracy and integrity of voter registration affidavits
submitted electronically pursuant to this section.
   (b) The Department of Motor Vehicles shall utilize the electronic
voter registration system required by this section to comply with its
duties and responsibilities as a voter registration agency pursuant
to the federal National Voter Registration Act of 1993 (42 U.S.C.
Sec. 1973gg et seq.).