BILL NUMBER: SB 397 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Yee
FEBRUARY 16, 2011
An act to add and repeal Chapter 2.7 (commencing with Section
2198) of Division 2 of the Elections Code, relating to online voter
registration.
LEGISLATIVE COUNSEL'S DIGEST
SB 397, as introduced, Yee. Online 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. Existing state law requires licensed persons to provide to
the Department of Motor Vehicles 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. Under existing law, 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, a person who is qualified to register to
vote and who has a valid California driver's license or state
identification card is authorized to submit an affidavit of voter
registration electronically on the Internet Web site of the Secretary
of State.
This bill would authorize counties to develop and use an
electronic voter registration system for the electronic submission of
an affidavit of voter registration from a person who is qualified to
register to vote, who has a valid California driver's license or
state identification card, and who resides in that county. This bill
would also 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 county elections
official of the county in which the person resides if that county has
opted to comply with the provisions of this chapter. This bill would
specify certain conditions that must be met before the electronic
submission of an affidavit of voter registration to a county
elections official could become effective. The provisions of this
bill would remain in effect only until 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.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 2.7 (commencing with Section 2198) is added to
Division 2 of the Elections Code, to read:
CHAPTER 2.7. LOCAL ONLINE VOTER REGISTRATION
2198. Notwithstanding any other provision of law, a county
elections official may develop and use an electronic voter
registration system for the electronic submission of an affidavit of
voter registration from a person who is qualified to register to
vote, who has a valid California driver's license or state
identification card, and who resides in that county. 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
county elections official of the county in which the person resides
if that county has opted to comply with the provisions of this
chapter.
(a) An affidavit submitted pursuant to this section is effective
upon receipt of the affidavit by the county elections official 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.
(b) The affiant shall affirmatively attest to the truth of the
information provided in the affidavit.
(c) 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.
(d) For each electronic affidavit, the county elections official
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.
(e) The county elections official shall require a person who
submits an affidavit pursuant to this section to submit all of the
following:
(1) The number from his or her California driver's license or
state identification card.
(2) His or her date of birth.
(3) The last four digits of his or her social security number.
(4) Any other information the county elections official deems
necessary to establish the identity of the affiant.
(f) Upon submission of an affidavit pursuant to this section, the
county electronic voter registration system shall provide for
immediate verification of both of the following:
(1) 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.
(2) 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.
(g) The county elections official shall employ security measures
to ensure the accuracy and integrity of voter registration affidavits
submitted electronically pursuant to this section.
2199. This chapter shall remain in effect only until 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.)
and as of that date is repealed.