BILL NUMBER: SB 35	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 31, 2012
	PASSED THE ASSEMBLY  AUGUST 27, 2012
	AMENDED IN ASSEMBLY  AUGUST 23, 2012
	AMENDED IN ASSEMBLY  AUGUST 20, 2012
	AMENDED IN ASSEMBLY  AUGUST 6, 2012
	AMENDED IN ASSEMBLY  JUNE 27, 2012
	AMENDED IN ASSEMBLY  JUNE 21, 2012
	AMENDED IN ASSEMBLY  JULY 11, 2011
	AMENDED IN ASSEMBLY  JUNE 20, 2011
	AMENDED IN SENATE  MAY 31, 2011
	AMENDED IN SENATE  APRIL 26, 2011

INTRODUCED BY   Senator Padilla

                        DECEMBER 6, 2010

   An act to add Section 2197 to, and to add Chapter 6 (commencing
with Section 2400) to Division 2 of, the Elections Code, relating to
voter registration.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 35, Padilla. Voter registration agencies.
   Existing law, the federal National Voter Registration Act of 1993,
requires each state to establish procedures to register voters by
application in person at certain federal, state, or nongovernmental
agencies designated by state law as voter registration agencies.
   This bill would establish procedures to register voters in
accordance with the act, and would require voter registration
agencies to perform specified tasks related to voter registration.
This bill would require the Secretary of State and county elections
officials to coordinate with the voter registration agencies, as
specified.
   Existing law requires the Secretary of State, in consultation with
county elections officials, to design and make available on his or
her Internet Web site an affidavit of voter registration. Existing
law, 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. Existing state law provides
that 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. Existing state law
requires the Department of Motor Vehicles and the Secretary of State
to develop a process and the infrastructure to allow a person who is
qualified to register to vote in the state to register to vote
online.
   This bill would require a voter registration agency that allows a
person to apply online for service or assistance, or to submit a
recertification, renewal, or change of address form relating to the
service or assistance, to implement a process and the infrastructure
that allows an applicant to electronically submit a voter preference
form, as defined, and to submit an affidavit of voter registration
electronically on the Internet Web site of the Secretary of State.
This bill also would require the California Health Benefit Exchange,
no later than July 1, 2014, to implement a process and the
infrastructure to allow a person who applies online for service or
assistance, or who submits a recertification, renewal, or change of
address form relating to the voter registration service or assistance
online, to submit an affidavit of voter registration electronically
on the Internet Web site of the Secretary of State.
   By requiring additional duties of county elections officials and
local agencies, this bill would impose a state-mandated local
program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


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

  SECTION 1.  Section 2197 is added to the Elections Code, to read:
   2197.  No later than July 1, 2014, the California Health Benefit
Exchange shall implement a process and the infrastructure to allow a
person who applies online with the California Health Benefit Exchange
for service or assistance, or who submits a recertification,
renewal, or change of address form relating to the service or
assistance online, to submit an affidavit of voter registration
electronically on the Internet Web site of the Secretary of State in
accordance with this chapter.
  SEC. 2.  Chapter 6 (commencing with Section 2400) is added to
Division 2 of the Elections Code, to read:
      CHAPTER 6.  VOTER REGISTRATION AGENCIES


   2400.  It is the intent of the Legislature, in enacting this
chapter, to facilitate compliance with the requirements set forth in
the federal National Voter Registration Act of 1993 (42 U.S.C. Sec.
1973gg et seq.) relating to voter registration services.
   2401.  For purposes of this chapter, the following terms have the
following meanings:
   (a) "Voter preference form" means the form described in Section
1973gg-5(a)(6)(B) of Title 42 of the United States Code.
   (b) "Voter registration agency" means either of the following:
   (1) A department, division, or office of state or local
government, or a program supported by state funds, that is designated
by executive order of the Governor or pursuant to the federal
National Voter Registration Act of 1993 (42 U.S.C. Sec. 1973gg et
seq.) as a voter registration agency.
   (2) A private entity under contract with a designated voter
registration agency to provide services or assistance on behalf of
the designated voter registration agency.
   2402.  (a) The Secretary of State is the chief state elections
official responsible for coordination of the state's responsibilities
under the federal National Voter Registration Act of 1993 (42 U.S.C.
Sec. 1973gg et seq.).
   (b) The Secretary of State shall adopt such regulations as are
necessary to implement this chapter and the federal National Voter
Registration Act of 1993 (42 U.S.C. Sec. 1973gg et seq.).
   2403.  (a) A voter registration agency shall comply with the
applicable duties and responsibilities of a voter registration agency
set forth in the federal National Voter Registration Act of 1993 (42
U.S.C. Sec. 1973gg et seq.).
   (b) A voter registration agency, with each application for service
or assistance and with each recertification, renewal, or change of
address form relating to the service or assistance, and in accordance
with the federal National Voter Registration Act of 1993 (42 U.S.C.
Sec. 1973gg et seq.), shall provide to an applicant all of the
following:
   (1) A voter preference form.
   (2) A voter registration card, unless the applicant, in writing,
declines to register to vote.
   (3) Assistance in completing the voter registration card, unless
the applicant refuses the assistance.
   (c) For purposes of subdivision (b), an applicant's failure to
respond to the question of whether he or she would like to register
to vote does not constitute a declination to register.
   2404.  (a) The Secretary of State shall do all of the following:
   (1) Coordinate with each county elections official and voter
registration agency to implement this chapter.
   (2) Prepare written training materials that describe the
responsibilities of a county elections official and voter
registration agency pursuant to this chapter and the federal National
Voter Registration Act of 1993 (42 U.S.C. Sec. 1973gg et seq.).
   (3) Contact a voter registration agency if the agency is not
complying with the requirements of this chapter and the federal
National Voter Registration Act of 1993 (42 U.S.C. Sec. 1973gg et
seq.).
   (4) Coordinate with each state agency that evaluates the
performance of an agency designated as a voter registration agency,
including doing both of the following:
   (A) Communicate to the state agency the requirements of, and best
practices for complying with, this chapter and the federal National
Voter Registration Act of 1993 (42 U.S.C. Sec. 1973gg et seq.).
   (B) Assist the state agency in its effort to help a voter
registration agency comply with the requirements of this chapter or
the federal National Voter Registration Act of 1993 (42 U.S.C. Sec.
1973gg et seq.).
   (b) The Secretary of State may do any of the following:
   (1) Conduct a review of a voter registration agency's compliance
with the requirements of this chapter or the federal National Voter
Registration Act of 1993 (42 U.S.C. Sec. 1973gg et seq.).
   (2) Conduct a review of a county elections official's compliance
with the requirements of this chapter or the federal National Voter
Registration Act of 1993 (42 U.S.C. Sec. 1973gg et seq.) if the
county elections official fails to timely submit a report pursuant to
Section 2407, or if a report indicates that the county elections
official is not complying with the requirements of this chapter or
the federal National Voter Registration Act of 1993 (42 U.S.C. Sec.
1973gg et seq.).
   (3) Post the results of a review conducted pursuant to this
subdivision on the Secretary of State's Internet Web site.
   2405.  (a) A county elections official shall be responsible for
coordinating with the Secretary of State and each applicable voter
registration agency within the county to administer the voter
registration services required pursuant to this chapter and the
federal National Voter Registration Act of 1993 (42 U.S.C. Sec.
1973gg et seq.).
   (b) The county elections official shall do all of the following:
   (1) Provide voter registration cards to a voter registration
agency upon request of the voter registration agency.
   (2) Maintain a record of the number of voter registration cards
provided to and received from each voter registration agency, and
each office or site thereof.
   (3) Assist a voter registration agency, upon request, in
conducting a training program for its employees based on the training
materials prepared by the Secretary of State on the requirements of
this chapter and the federal National Voter Registration Act of 1993
(42 U.S.C. Sec. 1973gg et seq.).
   2406.  (a) A voter registration agency shall do all of the
following:
   (1) Notify the county elections official of each applicable county
of the location of each of the voter registration agency's offices
or sites within the county.
   (2) Designate an agency employee to be responsible for the agency'
s compliance with this section.
   (3) Request voter registration cards from the applicable county
elections official, as needed.
   (4) Take steps to ensure that the voter registration agency, and
each office or site thereof, has a sufficient supply of voter
preference forms and voter registration cards available, including
voter preference forms and voter registration cards in all languages
required by Section 203 (42 U.S.C. Sec. 1973aa-1a) or Section 4(f)(4)
(42 U.S.C. Sec. 1973b(f)(4)) of the federal Voting Rights Act of
1965.
   (5) Ensure that each employee of the voter registration agency who
may provide voter registration services completes, at least once per
year, a training based on the training materials prepared by the
Secretary of State on the requirements of this chapter and the
federal National Voter Registration Act of 1993 (42 U.S.C. Sec.
1973gg et seq.). The voter registration agency may incorporate this
training into any other training program provided by the voter
registration agency for its employees.
   (b) A voter registration agency may conduct a review of the
agency, or an office or site of the agency, as necessary, to ensure
compliance with this chapter and the federal National Voter
Registration Act of 1993 (42 U.S.C. Sec. 1973gg et seq.).
   2407.  Within 10 days after the beginning of each calendar month,
a county elections official shall report to the Secretary of State,
on a form prescribed by the Secretary of State, the number of voter
registration cards received from each voter registration agency and
from each office or site thereof. The Secretary of State shall post
the information contained in each report received from a county
elections official on the Secretary of State's Internet Web site.
   2408.  (a) A voter registration agency that allows a person to
apply online for service or assistance, or to submit a
recertification, renewal, or change of address form relating to the
service or assistance online, shall implement a process and
infrastructure that allows an applicant to electronically submit a
voter preference form to the voter registration agency, and to submit
an affidavit of voter registration electronically on the Internet
Web site of the Secretary of State in accordance with Chapter 2.5
(commencing with Section 2196).
   (b) If a person indicates on his or her electronic voter
preference form that he or she would like to register to vote, the
person shall be informed that he or she may register to vote through
one of the following options, if applicable:
   (1) Submit an affidavit of voter registration electronically on
the Secretary of State's Internet Web site pursuant to subdivision
(a) of Section 2196.
   (2) Complete an affidavit of voter registration electronically on
the Secretary of State's Internet Web site, print a hard copy of the
completed affidavit, and mail or deliver the hard copy of the
completed affidavit to the Secretary of State or the appropriate
county elections official pursuant to subdivision (d) of Section
2196.
   (c) A voter registration agency may take steps to ensure that the
information entered into a person's electronic application for
service or assistance, or his or her electronic recertification,
renewal, or change of address form relating to the service or
assistance, will be automatically transferred to the electronic
affidavit of voter registration if the person indicates that he or
she would like to register to vote.
   (d) The Secretary of State shall take steps to ensure that the
electronic affidavit of voter registration is available, and may be
electronically submitted and verified, in all languages in which a
county is required to provide voting materials pursuant to Section
203 (42 U.S.C. Sec. 1973aa-1a) or Section 4(f)(4) (42 U.S.C. Sec.
1973b(f)(4)) of the federal Voting Rights Act of 1965.
  SEC. 3.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.