BILL NUMBER: SB 397 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 11, 2011
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.
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.
This bill would require the county elections official to notify
the Secretary of State of each electronic affidavit received pursuant
to the provisions of this chapter, with specified information about
the affiant, including whether the affiant has a valid California
driver's license or state identification card, and other information
about the affiant required by the Secretary of State. This bill would
require the Department of Motor Vehicles, at regular intervals, to
notify the Secretary of State of each person who has a valid
California driver's license or state identification card, and of
other information about the person required by the Secretary of
State. The bill would require the Secretary of State to make the
information provided by the Department of Motor Vehicles available to
counties so that counties, in addition to the Secretary of State,
may determine the affiant's eligibility to submit the affidavit.
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 and that can support a
statewide electronic voter registration system .
Vote: majority. Appropriation: no. Fiscal committee: 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 or 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
last day to register or 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 affiant shall
affirmatively assent to the use of his or her signature from his or
her driver's license or state identification card.
(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). determine (A)
whether the affiant has a valid California driver's license or state
identification card and (B) the affiant's residence address and
county of residence. The county's notification shall also include any
other information that is required by the Secretary of State in
order for him or her to obtain the information described in
subparagraphs (A) to (D), inclusive, of paragraph (6) of subdivision
(a) of Section 2196.
(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.
(2) The Department of Motor Vehicles shall, at regular intervals,
notify the Secretary of State of all persons who have a valid
California driver's license or state identification card, and shall
provide the electronic signature of each of those persons. The
notification shall also include any other information that is
required by the Secretary of State in order for him or her to obtain
the information described in subparagraphs (A) to (D), inclusive, of
paragraph (6) of subdivision (a) of Section 2196.
(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).
the information provided pursuant to paragraph (2),
the Secretary of State shall make this information available to
counties so that the counties, in addition to the Secretary of State,
may determine if an affiant is eligible, at the time the affiant
submits an electronic affidavit, to submit that affidavit.
(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
used by the county shall provide for immediate verification of
both of the following:
(1) That the 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 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 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 that can support a statewide electronic voter registration
system and as of that date is repealed.