BILL NUMBER: SB 397	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 31, 2011
	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   amend Section 2196 
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.  Under the above-described online voter registration
provisions, the Secretary of State, for each electronic affiant, is
required to 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.  
   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 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.  
   This bill would require the Department of Motor Vehicles and the
Secretary of state to develop a process and the infrastructure to
allow electronic copies of the applicants' signatures and other
information required under the above provisions that is in the
possession of the department to be transferred to the Secretary of
State and to the county election management systems to allow a person
who is qualified to register to vote in California to register to
vote under the above provisions.  
   This bill would provide, as an alternative operative date, that
the above provisions shall become operative on the date the Secretary
of State either certifies that the state has a statewide voter
registration database that complies with the requirements of the
federal Help America Vote Act of 2002 or executes a declaration
stating that certain specified conditions have occurred. 
   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.    Section 2196 of the  
Elections Code   is amended to read: 
   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.). 
   (c) The Department of Motor Vehicles and the Secretary of State
shall develop a process and the infrastructure to allow the
electronic copy of the applicant's signature and other information
required under this section that is in the possession of the
department to be transferred to the Secretary of State and to the
county election management systems to allow a person who is qualified
to register to vote in California to register to vote under this
section.  
   (d) This chapter shall become operative upon the date of that
either of the following occurs:  
   (1) 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) The Secretary of State executes a declaration stating that the
following conditions have occurred:  
   (A) The United States Election Assistance Commission has approved
the use of Help America Vote Act of 2002 funding to provide online
voter registration in advance of the deployment of the statewide
voter registration database.  
   (B) The Department of Motor Vehicles and the Secretary of State
have developed a process and the infrastructure necessary to
implement paragraph (5) of subdivision (a).  
   (C) All county election management systems have been modified to
receive and store electronic voter registration information received
from the Secretary of State in order to allow a person who is
qualified to register to vote in California to register to vote under
this section.  
  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 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 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) 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 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
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.