Amended in Assembly March 17, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1446

Introduced by Assembly Member Mullin

January 6, 2014

begin delete An act to amend Section 2402 of the Elections Code, relating to elections. end delete begin insert An act to amend Sections 2138.5, 2146, 2157, 2158, 2159.5, 2194, 2194.1, 18108.5, and 18109 of the Elections Code, and to amend Sections 6254.4 and 6276.46 of the Government Code, relating to elections. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1446, as amended, Mullin. begin delete Designation of voter registration agencies. end delete begin insert Voter registration: personal information. end insert

begin insert

(1) Existing law permits a citizen or organization to distribute voter registration cards anywhere in the applicable county. Existing law requires a county elections official to provide voter registration cards in sufficient quantities to any citizen or organization that wish to distribute the cards, except as specified. If, after completing his or her voter registration affidavit, an elector entrusts it to another person, existing law requires the latter person to comply with specified requirements.

end insert begin insert

This bill would require an individual or organization that distributes voter registration cards, a person entrusted with an affidavit of registration from an elector, or an individual or organization that assists with the submission of an affidavit of registration electronically on the Internet Web site of the Secretary of State to comply with specified requirements relating to the voter registration information. This bill would require an individual or organization that distributes voter registration cards to obtain the cards from the county elections official or the Secretary of State. This bill would require an individual or organization to comply with all applicable regulations established by the Secretary of State when distributing the cards.

end insert begin insert

(2) Existing law provides that the driver’s license number, identification card number, and social security number contained on an affidavit of registration are confidential and shall not be disclosed by an individual or organization that distributes voter registration cards or by a person entrusted with an affidavit of registration by an elector.

end insert begin insert

This bill would provide that the signature contained on a affidavit is also confidential and shall not be disclosed.

end insert begin insert

(3) The Student Voter Registration Act of 2003 requires the Secretary of State to annually provide every high school, community college, and California State University and University of California campus with voter registration forms. The act requires the number of forms provided to be consistent with the number of students enrolled at each school who are of voting age or will be of voting age by the end of the year. The act also requires every community college and California State University campus that operates an automated class registration system, or within two years of implementing such a system, to permit students, through an automated program in coordination with the Secretary of State, to elect to receive during the class registration process a voter registration form that is preprinted with personal information relevant to voter registration. The act encourages the University of California to comply with that provision.

end insert begin insert

This bill would eliminate the requirement that the number of voter registration forms provided by the Secretary of State be consistent with the number of students enrolled at each school. This bill would require each community college and California State University campus that operates an automated class registration system, as specified, to permit students, during the class registration process, to apply to register to vote online by submitting an affidavit of voter registration electronically on the Internet Web site of the Secretary of State. This bill would encourage the University of California to comply with these provisions. This bill would state that it is the intent of the Legislature that every eligible high school and college student receive a meaningful opportunity to apply to register to vote.

end insert begin insert

(4) Existing law permits a county elections official to provide affidavits of registration and voter registration cards online, as specified. Existing law requires the Secretary of State, in consultation with county elections officials, to design and make available on his or her Internet Web site an affidavit of registration that meets specified requirements. Existing law requires affidavits of registration that are made available on the Internet Web site of a county or of the Secretary of State to be available for individual use only and not for use by organizations seeking to register people to vote.

end insert begin insert

This bill would delete these provisions. This bill instead would prohibit an affidavit of registration from being submitted electronically on a county’s Internet Web site, but would permit a county to provide a hyperlink on the county’s Internet Web site to the Secretary of State’s electronic voter registration system.

end insert begin insert

(5) Existing law requires a person, company, or other organization that agrees to pay money or other valuable consideration to a person who assists another person to register to vote by receiving the completed affidavit of registration to comply with specified conditions, including maintaining a list certain compensation-related information. Existing law makes violation of this provision a misdemeanor.

end insert begin insert

This bill would require a person, company, or other organization that agrees to pay money or other valuable conditions to a person who assists another person to register to vote by assisting with the submission of an affidavit of registration electronically on the Internet Web site of the Secretary of State to comply to those specified conditions. This bill would make violation of this provision a misdemeanor. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.

end insert begin insert

(6) Existing law makes it a misdemeanor for a person in possession of voter registration information obtained pursuant to specified provisions of law knowingly to use or permit the use of all or any part of that information for any purpose other than as permitted by law.

end insert begin insert

This bill would make this provision applicable to a person in possession of voter registration information identified in a specified provision of law. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.

end insert begin insert

(7) Existing law makes it a misdemeanor for a person knowingly to acquire possession or use of voter registration information obtained pursuant to specified provisions of law without first complying with specified application requirements.

end insert begin insert

This bill would instead make it a misdemeanor for a person knowingly to acquire possession of or use voter registration information obtained from the Secretary of State or a county elections official without first complying with specified application requirements. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.

end insert begin insert

(8) Under existing law, a person may not be registered to vote except by affidavit of registration. Existing law requires the affidavit of registration to show specified information concerning the affiant. Existing law provides for an affidavit of registration to be included on a multipart card, to be known as a voter registration card. Existing law imposes specified requirements on voter registration cards. 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 or executes a declaration stating that certain conditions have occurred, authorizes a person to submit an affidavit of voter registration electronically on the Internet Web site of the Secretary of State.

end insert begin insert

This bill would make specified requirements imposed on voter registration cards relating to affidavit of registration information applicable to all affidavits of registration.

end insert begin insert

(9) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert begin insert

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

end insert begin delete

Existing law, the federal National Voter Registration Act of 1993, requires each state to establish procedures to register voters by application in person at certain federal, state, local, or nongovernmental agencies designated by the state as voter registration agencies. Existing state law establishes procedures to register voters in accordance with the federal act and requires voter registration agencies to perform specified tasks related to voter registration. Existing state law provides that a voter registration agency includes a department, division, or office of state or local government, or a program supported by state funds, that is designated by executive order of the Governor or pursuant to the federal act.

end delete begin delete

This bill would specifically authorize the Secretary of State to designate voter registration agencies pursuant to the federal National Voter Registration Act of 1993.

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 2138.5 of the end insert begin insert Elections Code end insert begin insert is amended
to read: end insert

2138.5.  

begin insert (a) end insert begin insert   end insert Notwithstanding any other begin delete provision of end delete law, an
affiant’s driver’s license number, identification card number, begin delete and end delete
social security number, begin insert and signature end insert contained on an affidavit of
registration begin delete or voter registration card, end delete are confidential and shall
not be disclosed by an individual or organization that distributes
voter registration cards pursuant to subdivision (b) of Section 2158,
or by begin delete any end delete begin insert a end insert person entrusted with an affidavit of registration from
an elector pursuant to paragraph begin delete (1) end delete begin insert (2) end insert of subdivision (b) of
Section 2158. However, this begin delete section end delete begin insert subdivision end insert shall not be
construed to prohibit a person entrusted with an affidavit of
registration from an elector pursuant to paragraph begin delete (1) end delete begin insert (2) end insert of
subdivision (b) of Section 2158 from returning begin delete that end delete begin insert the end insert affidavit
to the begin delete person end delete begin insert individual end insert or organization that distributed the voter
registration card pursuant to subdivision (b) of Section 2158.

begin insert

(b) An individual or organization that distributes voter
registration cards pursuant to subdivision (b) of Section 2158, a
person entrusted with an affidavit of registration from an elector
pursuant to paragraph (2) of subdivision (b) of Section 2158, or
an individual or organization that assists with the submission of
an affidavit of registration electronically on the Internet Web site
of the Secretary of State shall comply both of the following:

end insert begin insert

(1) Shall not use the affidavit of registration information for
any personal, private, or commercial purpose, including for any
of the following:

end insert begin insert

(A) The harassment of a voter or voter’s household.

end insert begin insert

(B) The advertising, solicitation, sale, or marketing of products
or services to a voter or voter’s household.

end insert begin insert

(C) Reproduction in print, broadcast visual or audio, or display
on the Internet.

end insert begin insert

(2) Shall employ reasonable security measures, including
employing administrative and physical safeguards, and, for
affidavit of registration information available in an electronic
form, technical safeguards, to protect the voter registration
information from unlawful disclosure and misuse.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 2146 of the end insert begin insert Elections Code end insert begin insert is amended to read: end insert

2146.  

(a) The Secretary of State shall annually provide every
high school, community college, and California State University
and University of California campus with voter registration forms.
begin delete The number of forms shall be consistent with the number of
students enrolled at each school who are of voting age or will be
of voting age by the end of the year. end delete The Secretary of State shall
provide additional forms to begin delete any end delete begin insert a end insert school, free of charge, if so
requested by a school.

(b) The Secretary of State shall provide a written notice with
each registration form describing eligibility requirements and
informing each student that he or she may return the completed
form in person or by mail to the elections official of the county in
which the student resides or to the Secretary of State.

(c) (1) (A) Every community college and California State
University campus that operates an automated class registration
system on or before January 1, 2008, shall, through an automated
program, in coordination with the Secretary of State, permit
students, during the class registration process, to begin delete elect to receive
a voter registration form that is preprinted with personal
information relevant to voter registration by January 1, 2010 end delete begin insert end insert begin insert apply
to register to vote online by submitting an affidavit of voter
registration electronically on the Internet Web site of the Secretary
of State end insert .

(B)  begin delete Any end delete begin insert A end insert community college or California State University
campus that does not operate an automated class registration system
on or before January 1, 2008, shall, within two years of
implementing an automated class registration system, through an
automated program in coordination with the Secretary of State,
permit students, during the class registration process, to begin delete elect to
receive a voter registration form that is preprinted with personal
information relevant to voter registration end delete begin insert end insert begin insert apply to register to vote
online by submitting an affidavit of voter registration electronically
on the Internet Web site of the Secretary of State end insert .

(2) As soon as a community college or California State
University or University of California campus complies with
paragraph (1), the Secretary of State may continue, at his or her
discretion, to provide the campus with voter registration forms
unless the campus requests not to receive the voter registration
forms.

(3) The University of California is encouraged to comply with
this subdivision.

(d) The Secretary of State shall submit to the Legislature, on or
before January 1 of each year, a report on its student voter
registration efforts pursuant to this article. This report shall include
estimates as to how many voter registration forms were sent to
high schools, community colleges, and California State University
and University of California begin delete campuses, end delete begin insert campuses; end insert how many voter
registration forms were begin delete returned, end delete begin insert submitted; end insert and how many
begin insert electronic affidavits of end insert voter registration forms were begin delete sent out to
students through the automated program described in end delete begin insert submitted
by students pursuant to end insert subdivision (c).

(e) It is the intent of the Legislature that every begin insert eligible end insert high
school and college student receive a begin delete voter registration card with
his or her diploma end delete begin insert meaningful opportunity to apply to register to
vote end insert . It is also the intent of the Legislature that every school do all
in its power to ensure that students are provided the opportunity
and means to begin insert apply to end insert register to vote. This may include providing
voter registration forms at the start of the school year, including
voter registration forms with orientation begin delete materials, end delete begin insert materials; end insert
placing voter registration forms at central locations, including voter
registration forms with graduation materials begin insert ; or providing
hyperlinks to, or the Internet Web site address of, the Secretary of
State’s electronic voter registration system in notices sent by
electronic mail to students and placed on the Internet Web site of
the high school, college, or university end insert .

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 2157 of the end insert begin insert Elections Code end insert begin insert is amended to read: end insert

2157.  

(a) Subject to this chapter, the paper affidavit of
registration shall be in a form prescribed by regulations adopted
by the Secretary of State. The affidavit begin delete shall: end delete begin insert shall comply with
all of the following: end insert

(1) Contain the information prescribed in Section 2150.

(2) Be sufficiently uniform among the separate counties to allow
for the processing and use by one county of an affidavit completed
in another county.

(3) Allow for the inclusion of informational language to meet
the specific needs of that county, including, but not limited to, the
return address of the elections official in that county, and a
telephone number at which a voter can obtain elections information
in that county.

(4) Be included on one portion of a multipart card, to be known
as a voter registration card, the other portions of which shall include
information sufficient to facilitate completion and mailing of the
affidavit. The affidavit portion of the multipart card shall be
numbered according to regulations adopted by the Secretary of
State. For purposes of facilitating the distribution of voter
registration cards as provided in Section 2158, there shall be
attached to the affidavit portion a receipt. The receipt shall be
separated from the body of the affidavit by a perforated line.

(5) Contain, in a type size and color of ink that is clearly
distinguishable from surrounding text, a statement identical or
substantially similar to the following:

“Certain voters facing life-threatening situations may qualify
for confidential voter status. For more information, please contact
the Secretary of State’s Safe At Home program or visit the
Secretary of State’s Web site.”

(6) Contain, in a type size and color of ink that is clearly
distinguishable from surrounding text, a statement that the use of
voter registration information for commercial purposes is a
misdemeanor pursuant to subdivision (a) of Section begin delete 2194, end delete begin insert 2194 end insert
and begin insert Section 18109, and end insert any suspected misuse shall be reported to
the Secretary of State.

(7) Contain a toll-free fraud hotline telephone number
maintained by the Secretary of State that the public may use to
report suspected fraudulent activity concerning misuse of voter
registration information.

(8) Be returnable to the county elections official as a
self-enclosed mailer with postage prepaid by the Secretary of State.

(b) Nothing contained in this division shall prevent the use of
voter registration cards and affidavits of registration in existence
on the effective date of this section and produced pursuant to
regulations of the Secretary of State, and all references to voter
registration cards and affidavits in this division shall be applied to
the existing voter registration cards and affidavits of registration.

(c) The Secretary of State may continue to supply existing
affidavits of registration prior to printing new or revised forms
that reflect the changes required pursuant to this section, Section
2150, or Section 2160.

(d)  begin delete Nothing in this division shall prevent the lawful use of an end delete
begin insert An end insert affidavit of registration begin delete form provided end delete begin insert shall not be submitted
electronically end insert on a county’s Internet Web begin delete site, provided that the end delete
begin insert site. However, a end insert county begin delete offered the form end delete begin insert may provide a hyperlink end insert
on the county’s Internet Web site begin delete on or before January 1, 2012,
and the affidavit meets the requirements of paragraphs (1), (3),
and paragraphs (5) end delete to begin delete (7), inclusive, of subdivision (a). This
subdivision shall be in effect until end delete the Secretary of begin delete State makes
affidavits of end delete begin insert State’s electronic voter end insert registration begin delete available pursuant
to subdivision (e). end delete begin insert system. end insert

begin delete end delete begin delete

(e) The Secretary of State shall, in consultation with county
elections officials, design and make available on his or her Internet
Web site an affidavit of registration. The affidavit shall:

end delete begin delete end delete begin delete end delete begin delete

(1) Contain the information prescribed in Section 2150.

end delete begin delete end delete begin delete end delete begin delete

(2) Be numbered according to regulations adopted by the
Secretary of State.

end delete begin delete end delete begin delete end delete begin delete

(3) Contain, in a type size that is clearly distinguishable from
surrounding text, a statement identical or substantially similar to
the following: “Certain voters facing life-threatening situations
may qualify for confidential voter status. For more information,
please contact the Secretary of State’s Safe At Home program or
visit the Secretary of State’s Web site.”

end delete begin delete end delete begin delete end delete begin delete

(4) Contain, in a type size that is clearly distinguishable from
surrounding text, a statement that the use of voter registration
information for commercial purposes is a misdemeanor pursuant
to subdivision (a) of Section 2194, and any suspected misuse shall
be reported to the Secretary of State.

end delete begin delete end delete begin delete end delete begin delete

(5) Contain a toll-free fraud hotline telephone number
maintained by the Secretary of State that the public may use to
report suspected fraudulent activity concerning misuse of voter
registration information.

end delete begin delete end delete begin delete end delete begin delete

(6) Be returnable to the county elections official.

end delete begin delete end delete begin delete end delete begin delete

(f) Affidavits of registration provided on the Internet Web site
of a county or of the Secretary of State shall be for individual use
only and not for use by organizations seeking to register people
to vote pursuant to Section 2158.

end delete begin delete end delete

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 2158 of the end insert begin insert Elections Code end insert begin insert is amended to read: end insert

2158.  

In addition to registration conducted by deputy registrars
of voters, the county elections official shall do all of the following:

(a) Provide voter registration cards designed pursuant to
subdivision (a) of Section 2157 for the registration of voters at his
or her office and in a sufficient number of locations throughout
the county for the convenience of persons desiring to register, to
the end that registration may be maintained at a high level. The
cards shall be available in all languages required by Section 203
(42 U.S.C. Sec. 1973aa-1a) or Section 4(f)(4) (42 U.S.C. Sec.
1973b(f)(4)) of the federal Voting Rights Act of 1965.

(b) Provide voter registration cards designed pursuant to
subdivision (a) of Section 2157 in sufficient quantities to any
begin delete citizens end delete begin insert individuals end insert or organizations begin delete who end delete begin insert that end insert wish to distribute
the cards other than to persons who have been convicted of
violating this section within the last five years. begin delete Citizens end delete begin insert Individuals end insert
and organizations shall be permitted to distribute voter registration
cards anywhere within the county.

begin insert

(1) An individual or organization that distributes voter
registration cards designed pursuant to subdivision (a) of Section
2157 shall obtain the voter registration cards from the county
elections official or the Secretary of State. The individual or
organization shall comply with all applicable regulations
established by the Secretary of State when distributing the cards.

end insert begin delete

(1)

end delete

begin insert (2) end insert  If, after completing his or her voter registration begin delete affidavit, end delete
begin insert card, end insert an elector entrusts it to another person, the latter shall sign
and date the attached, numbered receipt indicating his or her
address and telephone number, if any, and give the receipt to the
elector. Failure to comply with this paragraph shall not cause the
invalidation of the registration of a voter.

begin delete

(2)

end delete

begin insert (3) end insert   begin delete Any end delete begin delete citizen end delete begin insert An individual end insert or organization that distributes
voter registration cards designed pursuant to subdivision (a) of
Section 2157 shall give a voter registration card to any elector
requesting it, provided that the citizen or organization has a
sufficient number of cards.

begin delete

(3)

end delete

begin insert (4) end insert  If distribution of voter registration cards pursuant to this
subdivision is undertaken by mailing cards to persons who have
not requested the cards, the person mailing the cards shall enclose
a cover letter or other notice with each card instructing the
recipients to disregard the cards if they are currently registered
voters.

(c) Mail a voter registration card immediately to begin delete any end delete begin insert a end insert person
who wishes to register to vote and requests a voter registration
card.

begin delete end delete begin delete

(d) In addition to providing voter registration cards in his or her
office, the county elections official may provide cards on the
county’s Internet Web site for voters to print, complete, sign, and
return to the county elections office. Cards provided online shall
be available in all languages required by Section 203 (42 U.S.C.
Sec. 1973aa-1a) or Section 4(f)(4) (42 U.S.C. Sec. 1973b(f)(4))
of the federal Voting Rights Act of 1965.

end delete begin delete end delete

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 2159.5 of the end insert begin insert Elections Code end insert begin insert is amended to
read: end insert

2159.5.  

begin delete Any end delete begin insert A end insert person, company, or other organization that
agrees to pay money or other valuable consideration, whether on
a per-affidavit basis or otherwise, to begin delete any end delete begin insert a end insert person who assists
another person to register to vote by receiving the completed
affidavit of begin delete registration, end delete begin insert registration or by assisting with the
submission of an affidavit of registration electronically on the
Internet Web site of the Secretary of State, end insert shall do all of the
following:

(a) Maintain a list of the names, addresses, and telephone
numbers of all individuals that the person, company, or other
organization has agreed to compensate for assisting others to
register to vote, and shall provide to each person receiving that
consideration a written statement of that person’s personal
responsibilities and liabilities under Sections 2138, begin insert 2138.5, end insert 2139,
2150, 2158, 2159, 18100, 18101, 18103, 18106, 18108, 18108.1,
and 18108.5. Receipt of the written statement shall be
acknowledged, in writing, by the person receiving the
consideration, and the acknowledgment shall be kept by the person,
company, or organization that agrees to compensate that person.
All records required by this subdivision shall be maintained for a
minimum of three years, and shall be made available to the
elections official, the Secretary of State, or an appropriate
prosecuting agency, upon demand. As an alternate to maintaining
the records required by this subdivision, the records may be filed
with the county elections official, who shall retain those records
for a minimum of three years. The county elections official may
charge a fee, not to exceed actual costs, for storing records pursuant
to this subdivision.

(b) Not render any payment or promised consideration unless
the information specified in Section 2159 has been affixed
personally on the affidavit in the handwriting of the person with
whom the agreement for payment was made.

(c) At the time of submission of begin insert paper end insert affidavits to begin insert an end insert elections
begin delete officials, end delete begin insert official, end insert identify and separate those affidavits into groups
that do and that do not comply with the requirements of Sections
2150 and 2159. A signed acknowledgment shall be attached to
each group of affidavits identifying a group as in compliance with
Sections 2150 and 2159, and a group as not in compliance with
either Section 2150 or 2159, or both.

(d) Failure to comply with this section shall not cause the
invalidation of the registration of the voter.

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 2194 of the end insert begin insert Elections Code end insert begin insert is amended to read: end insert

2194.  

(a) Except as provided in Section 2194.1, the begin delete voter
registration card end delete begin insert affidavit of voter registration end insert information
identified in Section 6254.4 of the Government Code:

(1) Shall be confidential and shall not appear on any computer
terminal, list, affidavit, duplicate affidavit, or other medium
routinely available to the public at the county elections official’s
office.

(2) Shall not be used for any personal, private, or commercial
purpose, including, but not limited to:

(A) The harassment of any voter or voter’s household.

(B) The advertising, solicitation, sale, or marketing of products
or services to any voter or voter’s household.

(C) Reproduction in print, broadcast visual or audio, or display
on the Internet or any computer terminal unless pursuant to
paragraph (3).

(3) Shall be provided with respect to any voter, subject to the
provisions of Sections 2166.5, 2166.7, and 2188, to any candidate
for federal, state, or local office, to any committee for or against
any initiative or referendum measure for which legal publication
is made, and to any person for election, scholarly, journalistic, or
political purposes, or for governmental purposes, as determined
by the Secretary of State.

(b) (1) Notwithstanding any other begin delete provision of end delete law, the
California driver’s license number, the California identification
card number, the social security number, and any other unique
identifier used by the State of California for purposes of voter
identification shown on begin delete a end delete begin insert the end insert voter registration card of a registered
voter, or added to voter registration records to comply with the
requirements of the federal Help America Vote Act of 2002 (42
U.S.C. Sec. 15301 et seq.), are confidential and shall not be
disclosed to any person.

(2) Notwithstanding any other begin delete provision of end delete law, the signature
of the voter shown on the voter registration card is confidential
and shall not be disclosed to any person, except as provided in
subdivision (c).

(c) (1) The home address or signature of any voter shall be
released whenever the person’s vote is challenged pursuant to
Sections 15105 to 15108, inclusive, or Article 3 (commencing
with Section 14240) of Chapter 3 of Division 14. The address or
signature shall be released only to the challenger, to elections
officials, and to other persons as necessary to make, defend against,
or adjudicate the challenge.

(2) An elections official shall permit a person to view the
signature of a voter for the purpose of determining whether the
signature matches a signature on an affidavit of registration or a
petition, but shall not permit a signature to be copied.

(d) A governmental entity, or officer or employee thereof, shall
not be held civilly liable as a result of disclosure of the information
referred to in this section, unless by a showing of gross negligence
or willfulness.

(e) For the purposes of this section, “voter’s household” is
defined as the voter’s place of residence or mailing address or any
persons who reside at the place of residence or use the mailing
address as supplied on the affidavit of registration pursuant to
paragraphs (3) and (4) of subdivision (a) of Section 2150.

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 2194.1 of the end insert begin insert Elections Code end insert begin insert is amended to
read: end insert

2194.1.  

Any begin delete voter registration card end delete begin insert affidavit of registration end insert
information identified in Section 6254.4 of the Government Code
in existence 100 years after the creation of the record shall be
available to the public. If records are contained in the great registers
of voters and the bound register contains information covering
more than one year, the records shall not be available to the public
until the entire contents of the register have been recorded for at
least 100 years.

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 18108.5 of the end insert begin insert Elections Code end insert begin insert is amended to
read: end insert

18108.5.  

(a)  begin delete Any end delete begin insert A end insert person, company, or other organization
that agrees to pay money or other valuable consideration, whether
on a per-affidavit basis or otherwise, to begin delete any end delete begin insert a end insert person who assists
another person to register to vote by receiving the completed
affidavit of begin insert registration, or by assisting with the submission of an
affidavit of end insert registration begin insert electronically on the Internet Web site of
the Secretary of State, end insert who fails to comply with Section 2159.5,
is guilty of a misdemeanor, and shall be punished by a fine not
exceeding one thousand dollars ($1,000), or by imprisonment in
the county jail not exceeding six months or when the failure to
comply is found to be willful, not exceeding one year, or both.

(b)  begin delete Any end delete begin insert A end insert person, company, or other organization that agrees
to pay money or other valuable consideration, whether on a
per-affidavit basis or otherwise, to begin delete any end delete begin insert a end insert person who assists another
person to register to vote by receiving the completed affidavit of
registration, begin insert or by assisting with the submission of an affidavit of
registration electronically on the Internet Web site of the Secretary
of State, end insert upon a third or subsequent conviction, on charges brought
and separately tried, for failure to comply with Section 2159.5
shall be punished by a fine not exceeding ten thousand dollars
($10,000), or by imprisonment in the county jail not to exceed one
year, or both.

(c) An elections official shall notify begin delete any end delete begin insert a end insert person, company, or
other organization that agrees to pay money or other valuable
consideration, whether on a per-affidavit basis or otherwise, to
begin delete any end delete begin insert a end insert person who assists another person to register to vote by
receiving the completed affidavit of begin delete registration, end delete begin insert registration or
by assisting with the submission of an affidavit of registration
electronically on the Internet Web site of the Secretary of State, end insert
that three or more affidavits of registration submitted by a person
who assisted another to register to vote do not comply with
Sections 18100, 18101, 18103, or 18106. The elections official
may forward a copy of each of the noncomplying affidavits of
registration to the district attorney, who may make a determination
whether probable cause exists to believe that a violation of law
has occurred.

(d) This section shall not apply to begin delete any end delete begin insert a end insert public agency or its
employees that is designated as a voter registration agency pursuant
to the begin insert federal end insert National Voter Registration Act of 1993 (42 U.S.C.
Sec. begin delete 1973gg), end delete begin insert 1973gg et seq.), end insert when an elector asks for assistance
to register to vote during the course and scope of the agency’s
normal business.

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 18109 of the end insert begin insert Elections Code end insert begin insert is amended to
read: end insert

18109.  

(a) It is a misdemeanor for begin delete any end delete begin insert a end insert person in possession
of information begin insert identified in Section 2138.5, or end insert obtained pursuant
to Article 5 (commencing with Section 2180) of Chapter 2 of
Division begin delete 2, end delete begin insert 2 of this code end insert or Section 6254.4 of the Government
Code, knowingly to use or permit the use of all or any part of that
information for any purpose other than as permitted by law.

(b) It is a misdemeanor for begin delete any end delete begin insert a end insert person knowingly to acquire
possession or use of voter registration information begin delete referred to in
subdivision (a) end delete begin insert from the Secretary of State or a county elections
official end insert without first complying with Section 2188.

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 6254.4 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

6254.4.  

(a) The home address, telephone number, e-mail
address, precinct number, or other number specified by the
Secretary of State for voter registration purposes, and prior
registration information shown on the begin delete voter registration card for
all registered voters, are end delete begin insert affidavit of registration, is end insert confidential
and shall not be disclosed to any person, except pursuant to Section
2194 of the Elections Code.

(b) For purposes of this section, “home address” means street
address only, and does not include an individual’s city or post
office address.

(c) The California driver’s license number, the California
identification card number, the social security number, and any
other unique identifier used by the State of California for purposes
of voter identification shown on begin delete a voter registration card of a
registered voter, end delete begin insert an affidavit of registration, end insert or added to the voter
registration records to comply with the requirements of the begin insert federal end insert
Help America Vote Act of 2002 (42 U.S.C. Sec. 15301 et seq.),
are confidential and shall not be disclosed to any person.

(d) The signature of the voter that is shown on the begin delete voter
registration card end delete begin insert affidavit of registration end insert is confidential and shall
not be disclosed to any person.

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 6276.46 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

6276.46.  

Unclaimed property, Controller records of, disclosure,
Section 1582, Code of Civil Procedure.

Unemployment compensation, disclosure of confidential
information, Section 2111, Unemployment Insurance Code.

Unemployment compensation, information obtained in
administration of code, Section 1094, Unemployment Insurance
Code.

Unemployment fund contributions, publication of annual tax
paid, Section 989, Unemployment Insurance Code.

University of California, exemption from disclosure for
information submitted by bidders for award of best value contracts,
Section 10506.6, Public Contract Code.

Unsafe working condition, confidentiality of complainant,
Section 6309, Labor Code.

Use fuel tax information, disclosure prohibited, Section 9255,
Revenue and Taxation Code.

Utility systems development, confidential information,
subdivision (e), Section 6254.

Utility user tax return and payment records, exemption from
disclosure, Section 7284.6, Revenue and Taxation Code.

Vehicle registration, confidentiality of information, Section
4750.4, Vehicle Code.

Vehicle accident reports, disclosure of, Sections 16005, 20012,
and 20014, Vehicle Code and Section 27177, Streets and Highways
Code.

Vehicular offense, record of, confidentiality five years after
conviction, Section 1807.5, Vehicle Code.

Veterans Affairs, Department of, confidentiality of records of
contract purchasers, Section 85, Military and Veterans Code.

Veterinarian or animal health technician, alcohol or dangerous
drugs diversion and rehabilitation records, confidentiality of,
Section 4871, Business and Professions Code.

Victims’ Legal Resource Center, confidentiality of information
and records retained, Section 13897.2, Penal Code.

begin insert

Voter, affidavit or registration, confidentiality of information
contained in, Section 6254.4.

end insert

Voter, registration by confidential affidavit, Section 2194,
Elections Code.

begin delete

Voter registration card, confidentiality of information contained
in, Section 6254.4.

end delete

Voting, secrecy, Section 1050, Evidence Code.

Wards and dependent children, inspection of juvenile court
documents, Section 827, Welfare and Institutions Code.

begin insert

begin insert SEC. 12. end insert   

end insert begin insert

If the Commission on State Mandates determines
that this act contains costs mandated by the state, reimbursement
to local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

end insert

begin delete

SECTION 1.  

Section 2402 of the Elections Code is amended
to read:

2402.  

(a) The Secretary of State is the chief state elections
official responsible for coordination of the state’s responsibilities
under the federal National Voter Registration Act of 1993 (42
U.S.C. Sec. 1973gg et seq.).

(b) The Secretary of State shall adopt such regulations as are
necessary to implement this chapter and the federal National Voter
Registration Act of 1993 (42 U.S.C. Sec. 1973gg et seq.).

(c) The Secretary of State may designate voter registration
agencies pursuant to the federal National Voter Registration Act
of 1993 (42 U.S.C. Sec. 1973gg et seq.).

end delete