BILL NUMBER: SB 397 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 15, 2011
AMENDED IN SENATE MAY 31, 2011
AMENDED IN SENATE MAY 11, 2011
AMENDED IN SENATE APRIL 27, 2011
INTRODUCED BY Senator Yee
( Coauthor: Senator Calderon
)
(Coauthors: Assembly Members Huffman and
and Portantino Ammiano,
Blumenfield, Hall, Portantino,
and Williams )
FEBRUARY 16, 2011
An act to 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 require the Department of Motor Vehicles and the
Secretary of state 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. For
purposes of implementing the above provisions as expeditiously as
possible, if the provisions become operative under the latter, the
Secretary of State's office would be exempt from certain
provisions relating to information technology, as specified, in
implementing the provisions.
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.
(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
last day to register for 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
all of the following conditions have occurred:
(A) The United States Election Assistance Commission has approved
the use of the federal Help America Vote Act of 2002
(42 U.S.C. Sec. 15301) funding to provide online voter
registration in advance of the deployment of the statewide voter
registration database or other federal funding is available and
approved for the same purpose .
(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.
(e) For purposes of implementing this chapter as expeditiously as
possible, if it becomes operative pursuant to paragraph (2) of
subdivision (d), the Secretary of State's office shall be exempt from
information technology requirements included in Sections 11545,
11546, and 11547 of the Government Code and Section 12100 of the
Public Contract Code, and from information technology project and
funding approvals included in any other provision of law.