BILL NUMBER: AB 1446 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 17, 2014
INTRODUCED BY Assembly Member Mullin
JANUARY 6, 2014
An act to amend Section 2402 of the Elections Code,
relating to elections. 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.
LEGISLATIVE COUNSEL'S DIGEST
AB 1446, as amended, Mullin. Designation of voter
registration agencies. Voter registration: personal
information.
(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.
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.
(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.
This bill would provide that the signature contained on a
affidavit is also confidential and shall not be disclosed.
(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.
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.
(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.
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.
(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.
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.
(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.
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.
(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.
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.
(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.
This bill would make specified requirements imposed on voter
registration cards relating to affidavit of registration information
applicable to all affidavits of registration.
(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.
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.
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.
This bill would specifically authorize the Secretary of State to
designate voter registration agencies pursuant to the federal
National Voter Registration Act of 1993.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2138.5 of the
Elections Code is amended to read:
2138.5. (a) Notwithstanding any other
provision of law, an affiant's driver's license
number, identification card number, and social
security number, and signature contained on an affidavit
of registration or voter registration card, 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 any a
person entrusted with an affidavit of registration from an
elector pursuant to paragraph (1) (2)
of subdivision (b) of Section 2158. However, this section
subdivision shall not be construed to prohibit a
person entrusted with an affidavit of registration from an elector
pursuant to paragraph (1) (2) of
subdivision (b) of Section 2158 from returning that
the affidavit to the person
individual or organization that distributed the voter
registration card pursuant to subdivision (b) of Section 2158.
(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:
(1) Shall not use the affidavit of registration information for
any personal, private, or commercial purpose, including for any of
the following:
(A) The harassment of a voter or voter's household.
(B) The advertising, solicitation, sale, or marketing of products
or services to a voter or voter's household.
(C) Reproduction in print, broadcast visual or audio, or display
on the Internet.
(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.
SEC. 2. Section 2146 of the Elections
Code is amended to read:
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.
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. The Secretary of State
shall provide additional forms to any a
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 elect to
receive a voter registration form that is preprinted with personal
information relevant to voter registration by January 1, 2010
apply to register to vote online by
submitting an affidavit of voter registration electronically on the
Internet Web site of the Secretary of State .
(B) Any A 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 elect to receive a voter registration form that
is preprinted with personal information relevant to voter
registration apply to register to vote
online by submitting an affidavit of voter registration
electronically on the Internet Web site of the Secretary of State
.
(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 campuses,
campuses; how many voter registration forms were
returned, submitted; and how many
electronic affidavits of voter registration forms were
sent out to students through the automated program described in
submitted by students pursuant to subdivision
(c).
(e) It is the intent of the Legislature that every eligible
high school and college student receive a voter
registration card with his or her diploma meaningful
opportunity to apply to register to vote . 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
apply to register to vote. This may include providing voter
registration forms at the start of the school year, including voter
registration forms with orientation materials,
materials; placing voter registration forms at central
locations, including voter registration forms with graduation
materials ; 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 .
SEC. 3. Section 2157 of the Elections
Code is amended to read:
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 shall:
shall comply with all of the following:
(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 2194,
2194 and Section 18109, and 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) Nothing in this division shall prevent the lawful use
of an An affidavit of registration
form provided shall not be submitted electronically
on a county's Internet Web site, provided that the
site. However, a county offered the
form may provide a hyperlink on the county's
Internet Web site on or before January 1, 2012, and the
affidavit meets the requirements of paragraphs (1), (3), and
paragraphs (5) to (7), inclusive, of subdivision
(a). This subdivision shall be in effect until the
Secretary of State makes affidavits of State'
s electronic voter registration available pursuant to
subdivision (e). system.
(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:
(1) Contain the information prescribed in Section 2150.
(2) Be numbered according to regulations adopted by the Secretary
of State.
(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."
(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.
(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.
(6) Be returnable to the county elections official.
(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.
SEC. 4. Section 2158 of the Elections
Code is amended to read:
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
citizens individuals or organizations
who that wish to distribute the cards
other than to persons who have been convicted of violating this
section within the last five years. Citizens
Individuals and organizations shall be permitted to distribute
voter registration cards anywhere within the county.
(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.
(1)
(2) If, after completing his or her voter registration
affidavit, card, 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.
(2)
(3) Any citizen
An individual 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.
(3)
(4) 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 any
a person who wishes to register to vote and
requests a voter registration card.
(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.
SEC. 5. Section 2159.5 of the Elections
Code is amended to read:
2159.5. Any A person, company, or
other organization that agrees to pay money or other valuable
consideration, whether on a per-affidavit basis or otherwise, to
any a person who assists another person
to register to vote by receiving the completed affidavit of
registration, registration or by assisting with the
submission of an affidavit of registration electronically on the
Internet Web site of the Secretary of State, 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, 2138.5, 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 paper affidavits to
an elections officials, official,
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.
SEC. 6. Section 2194 of the Elections
Code is amended to read:
2194. (a) Except as provided in Section 2194.1, the
voter registration card affidavit of voter
registration 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 provision of
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 a the
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 provision of 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.
SEC. 7. Section 2194.1 of the Elections
Code is amended to read:
2194.1. Any voter registration card
affidavit of registration 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.
SEC. 8. Section 18108.5 of the
Elections Code is amended to read:
18108.5. (a) Any A person, company,
or other organization that agrees to pay money or other valuable
consideration, whether on a per-affidavit basis or otherwise, to
any a person who assists another person
to register to vote by receiving the completed affidavit of
registration, or by assisting with the submission of an affidavit of
registration electronically on the Internet Web site of
the Secretary of State, 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) Any A person, company, or other
organization that agrees to pay money or other valuable
consideration, whether on a per-affidavit basis or otherwise, to
any a person who assists another person
to register to vote by receiving the completed affidavit of
registration, or by assisting with the submission of an
affidavit of registration electronically on the Internet Web site of
the Secretary of State, 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 any
a person, company, or other organization that agrees to pay
money or other valuable consideration, whether on a per-affidavit
basis or otherwise, to any a person who
assists another person to register to vote by receiving the
completed affidavit of registration,
registration or by assisting with the submission of an affidavit of
registration electronically on the Internet Web site of the Secretary
of State, 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 any a
public agency or its employees that is designated as a voter
registration agency pursuant to the federal National Voter
Registration Act of 1993 (42 U.S.C. Sec. 1973gg),
1973gg et seq.), when an elector asks for assistance to
register to vote during the course and scope of the agency's normal
business.
SEC. 9. Section 18109 of the Elections
Code is amended to read:
18109. (a) It is a misdemeanor for any a
person in possession of information identified in Section
2138.5, or obtained pursuant to Article 5 (commencing with
Section 2180) of Chapter 2 of Division 2, 2
of this code 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 any a
person knowingly to acquire possession or use of voter registration
information referred to in subdivision (a)
from the Secretary of State or a county elections official
without first complying with Section 2188.
SEC. 10. Section 6254.4 of the
Government Code is amended to read:
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 voter registration card for all registered
voters, are affidavit of registration, is
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 a voter registration card of a
registered voter, an affidavit of registration,
or added to the 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.
(d) The signature of the voter that is shown on the
voter registration card affidavit of registration
is confidential and shall not be disclosed to any person.
SEC. 11. Section 6276.46 of the
Government Code is amended to read:
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.
Voter, affidavit or registration, confidentiality of information
contained in, Section 6254.4.
Voter, registration by confidential affidavit, Section 2194,
Elections Code.
Voter registration card, confidentiality of information contained
in, Section 6254.4.
Voting, secrecy, Section 1050, Evidence Code.
Wards and dependent children, inspection of juvenile court
documents, Section 827, Welfare and Institutions Code.
SEC. 12. 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.
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.).