BILL NUMBER: SB 397	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 27, 2011

INTRODUCED BY   Senator Yee
    (   Coauthors:   Assembly Members 
 Huffman   and Portantino  ) 

                        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 amended, 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  

   This bill would require the Secretary of State, upon receiving
notice from a county elections official that the official has
received an electronic affidavit, to obtain an electronic copy of the
affiant's signature from the Department of Motor Vehicles and to
provide the electronic copy of the affiant's signature to the county.

    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
  yes  . 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  electronic  affidavit.
   (c) For voter registration purposes, the  applicant
  affiant  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.  
   (d) (1) The county elections official shall notify the Secretary
of State of each electronic affidavit received pursuant to this
chapter. The county's notification shall include all the information
necessary for the Secretary of State to obtain the information
described in paragraph (2).  
   (2) Upon receiving the notice described in paragraph (1), the
Secretary of State shall obtain an electronic copy of the affiant's
signature from the affiant's driver's license or state identification
card directly from the Department of Motor Vehicles, which shall
provide the copy of the signature upon the Secretary of State's
request.  
   (3) After obtaining an electronic copy of the affiant's signature
pursuant to paragraph (2), the Secretary of State shall provide the
electronic copy of the affiant's signature to the county that
notified the Secretary of State pursuant to paragraph (1).  

   (e) The county elections official shall require a person who
submits an affidavit pursuant to this section to submit all of the
information listed in subparagraphs (A) to (C), inclusive, of
paragraph (6) of subdivision (a) of Section 2196. 
   (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   affiant  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   affiant  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
  affiant  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.