BILL NUMBER: SB 361 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JULY 1, 2013
AMENDED IN SENATE MAY 16, 2013
AMENDED IN SENATE APRIL 8, 2013
INTRODUCED BY Senator Padilla
FEBRUARY 20, 2013
An act to amend Sections 2102, 2146, 2196, 2408, 3017
, and 14310 of, and to add Sections
2101.5, 2169 , and 12106.5
2228 to, and to add Chapter 7 (commencing with
Section 2500) to Division 2 of, the Elections Code, relating to
elections.
LEGISLATIVE COUNSEL'S DIGEST
SB 361, as amended, Padilla. Elections: voter registration.
(1) 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 eligible to register to vote and 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.
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, or nongovernmental
agencies designated by state law as voter registration agencies.
Existing law requires the Department of Motor Vehicles, community
college and California State University campuses, and voter
registration agencies to perform various duties in connection with
voter registration.
This bill would require the Secretary of State to jointly
establish automated voter systems with the Department of Motor
Vehicles, certain colleges and universities, and certain voter
registration agencies, under which voter registration information is
collected and electronically transmitted to the Secretary of State
for the purpose of registering persons to vote or updating voters'
registration information. This bill would require the Department of
Motor Vehicles, each college or university, and each voter
registration agency to offer certain persons the opportunity to
register to vote or update their voter registrations by completing a
supplemental voter registration form and consenting to the use of the
voter's records held by the department, college or university, or
voter registration agency for voter registration purposes. No later
than one business day after receipt of a completed supplemental voter
registration form, this bill would require the department, college
or university, or voter registration agency to electronically
transmit to the Secretary of State specified voter registration
information. Upon receipt of the voter registration information, this
bill would require the Secretary of State to register the person to
vote or update the voter's registration in the statewide voter
registration database, as applicable.
By requiring local agencies to perform additional duties, this
bill would impose a state-mandated local program.
(2) The Student Voter Registration Act of 2003 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 these provisions.
This bill would require the Secretary of State to work with each
community college and California State University campus that
operates an automated class registration system to ensure that the
system conforms to the provisions on automated voter registration.
This bill would require each community college and California State
University to, at the commencement of an academic term, send to each
student a notice by electronic mail that is dedicated exclusively to
voter registration and contains information relating to voter
registration eligibility and the Internet Web site address of the
Secretary of State's electronic voter registration system. This bill
would encourage the University of California to comply with these
provisions.
(3) Existing law specifies various duties of
the Secretary of State with regard to the electoral process.
This bill would place additional requirements on the Secretary of
State to provide the capability for a voter to check online or
through a toll-free telephonic system the status of the voter's
registration, find the location of the voter's polling place, check
the status of a vote by mail ballot, and check the status of a voter'
s provisional ballot on the Secretary of State's Internet Web site,
as specified.
(4) Existing law provides for voter residency confirmation
procedures based on change-of-address information, as specified, in
cases where the voter has moved to a new address within the same
county or to another county.
This bill would, for the purpose of maintaining accurate voter
registration records, authorize the Secretary of State to enter into
agreements with other states to share voter information or data
pertaining to voters who have permanently moved to other states.
(5) 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.
(6) This bill would 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.
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 2101.5 is added to the
Elections Code , to read:
2101.5. A person may be registered as a voter by either of the
following means:
(a) By affidavit of registration filed with the county elections
official.
(b) By the Secretary of State in accordance with Chapter 7
(commencing with Section 2500).
SEC. 2. Section 2102 of the Elections
Code , as amended by Section 2 of Chapter 364 of the
Statutes of 2009, is amended to read:
2102. (a) A person may not be registered as a voter
except by affidavit of registration. The affidavit shall be mailed or
delivered registering as a voter by affidavit of
registration shall mail or deliver the affidavit to the county
elections official and shall set forth all of the facts required to
be shown by this chapter. A properly executed registration shall be
deemed effective upon receipt of the affidavit by the county
elections official if the affidavit is received on or
before the 15th day prior to an election to be held in the registrant'
s precinct. A properly executed registration shall also be deemed
effective upon receipt of the affidavit by the county elections
official if any of the following apply:
(1) The affidavit is postmarked on or before the 15th day prior to
the election and received by mail by the county elections official.
(2) The affidavit is submitted to the Department of Motor Vehicles
or accepted by any other public agency designated as a voter
registration agency pursuant to the National Voter Registration Act
of 1993 (42 U.S.C. Sec. 1973gg) 1973gg et
seq.) on or before the 15th day prior to the election.
(3) The affidavit is delivered to the county elections official by
means other than those described in paragraphs (1) or (2) on or
before the 15th day prior to the election.
(b) For purposes of verifying signatures on a recall, initiative,
or referendum petition or signatures on a nomination paper or any
other election petition or election paper, a properly executed
affidavit of registration shall be deemed effective for verification
purposes if both of the following conditions are satisfied:
(1) The affidavit is signed on the same date or a date prior to
the signing of the petition or paper.
(2) The affidavit is received by the county elections official on
or before the date on which the petition or paper is filed.
(c) Notwithstanding any other provision of law to the contrary,
the affidavit of registration required under this chapter
may shall not be taken under sworn oath, but the
content of the affidavit shall be certified as to its truthfulness
and correctness, under penalty of perjury, by the signature of the
affiant.
(d) A person who is at least 17 years of age and otherwise meets
all eligibility requirements to vote may submit his or her affidavit
of registration as prescribed by this section. A properly executed
registration made pursuant to this subdivision shall be deemed
effective as of the date the affiant will be 18 years of age, if the
information in the affidavit of registration is still current at that
time. If the information provided by the affiant in the affidavit of
registration is not current at the time that the registration would
otherwise become effective, for his or her registration to become
effective, the affiant shall provide the current information to the
proper county elections official as prescribed by this chapter.
SEC. 3. 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 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. The notice
shall also inform each student that he or she may complete and submit
an affidavit of voter registration electronically on the Internet
Web site of 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.
(B) Any 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.
(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) (1) Each community college or California State University
campus that operates an automated class registration system on or
after January 1, 2014, shall comply with the requirements of Chapter
7 (commencing with Section 2500). The Secretary of State shall work
with each community college and California State University campus
that operates an automated class registration system to ensure that
the system conforms to the automated voter registration requirements
of Chapter 7 (commencing with Section 2500).
(2) Each community college and California State University campus
shall, at the commencement of an academic term, send to each student
by electronic mail a notice that is dedicated exclusively to
conveying information relating to voter registration eligibility and
the Internet Web site address of the Secretary of State's electronic
voter registration system.
(3) The University of California is encouraged to comply with this
subdivision.
(d)
(e) 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, how many
voter registration forms were returned, and how many voter
registration forms were sent out to students through the automated
program described in subdivision (c).
(e)
(f) 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
form or the opportunity to register to vote online . 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
register to vote. This may include providing voter registration forms
at the start of the school year, including voter registration forms
with orientation materials , ; placing
voter registration forms at central locations, including voter
registration forms with graduation materials
mater ials; 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 or placed on the Internet Web site of the high school,
college, or university .
SECTION 1. SEC. 4. Section 2169 is
added to the Elections Code, following Section 2168, to read:
2169. (a) The Secretary of State shall
provide on his or her Internet Web site the capability for a voter
to check the status of the voter's registration.
to, and shall maintain a toll-free telephone number by which a
voter may, do all of the following:
(1) Check the status of his or her voter registration and review
his or her voter registration information that is included in the
Secretary of State's electronic voter registration system.
(2) Inquire whether a name is included in the Secretary of State's
electronic voter registration system.
(3) For the telephonic system, receive the Internet Web site
address of the Secretary of State's electronic voter registration
system.
(4) For the online system, access the Secretary of State's
electronic voter registration system through a hyperlink.
(5) Not less than 30 days before an election, find the location of
his or her polling place, if that information is available, or the
location of the polling place for any residential address in the
state.
(6) Upon the completion of the official canvass for an election,
determine whether his or her vote by mail ballot was counted and, if
not, the reason the ballot was rejected.
(7) Upon the completion of the official canvass for an election,
determine whether his or her provisional ballot was counted and, if
not, the reason the ballot was rejected.
(8) Opt out of receiving his or her voter pamphlet by mail and
instead receive it by electronic mail.
(b) The online and telephonic systems established pursuant to
subdivision (a) shall be accessible to persons with disabilities and
available in all the languages in which a ballot or ballot materials
are required to be made available in this state pursuant to 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.
(c) The Secretary of State shall adopt regulations to ensure the
security and privacy of any personal voter registration information
conveyed by the online and telephonic systems.
SEC. 5. 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 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 , if available
.
(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 , if available .
(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 , if a license or card has been issued
.
(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 Whether the
applicant has a California driver's license or state identification
card and , if so, 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) (A) If the information provided by an applicant on an
affidavit cannot be verified pursuant to paragraph (7), but the
applicant is otherwise eligible to vote, the applicant shall be
issued a unique identification number in accordance with Section 2150
and his or her affidavit shall be forwarded to the appropriate
county elections official.
(B) If the Department of Motor Vehicles does not have a copy of an
applicant's signature on file, the county elections official of the
county in which the applicant resides, upon the request of the
Secretary of State, shall mail the applicant a postcard informing him
or her that a signature is required to complete his or her voter
registration. The postcard shall include prepaid return postage and
shall instruct the applicant to provide his or her signature on the
postcard, where indicated, and to promptly return the postcard to the
county elections official.
(8)
(9) 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) If an applicant cannot electronically submit the information
required pursuant to paragraph (6) of subdivision (a), he or she
shall nevertheless be able to complete the affidavit of voter
registration electronically on the Secretary of State's Internet Web
site, print a hard copy of the completed affidavit, and mail or
deliver the hard copy of the completed affidavit to the Secretary of
State or the appropriate county elections official.
(e) This chapter shall become operative upon the date 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) 15301 et seq.) 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.
(f) For purposes of implementing this chapter as expeditiously as
possible, if it becomes operative pursuant to paragraph (2) of
subdivision (e), 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.
SEC. 6. Section 2228 is added to the
Elections Code , to read:
2228. (a) Notwithstanding any other law and for the purpose of
maintaining accurate voter registration records, the Secretary of
State may enter into agreements with other states to share and
receive information or data pertaining to voters who have permanently
moved to other states as described in Section 2022 or 2023.
(b) The Secretary of State, before entering into an agreement
pursuant to this section, shall establish standards and procedures to
safeguard the privacy of the state's residents and the integrity and
security of the information or data shared and received in
accordance with this section.
(c) The Secretary of State shall not share a voter's information
if that information is deemed confidential pursuant to Section 2166,
2166.5, or 2166.7 of this code, or pursuant to Chapter 3.1
(commencing with Section 6205) of, or Chapter 3.2 (commencing with
Section 6215) of, Division 7 of Title 1 of the Government Code.
SEC. 7. Section 2408 of the Elections
Code is amended to read:
2408. (a) A voter registration agency that allows a person to
apply online for service or assistance, or to submit a
recertification, renewal, or change of address form relating to the
service or assistance online, shall implement a process and
infrastructure that allows an applicant to electronically submit a
voter preference form to the voter registration agency, and to submit
an affidavit of voter registration electronically on the Internet
Web site of the Secretary of State in accordance with Chapter 2.5
(commencing with Section 2196).
(b) If a person indicates on his or her electronic voter
preference form that he or she would like to register to vote, the
person shall be informed that he or she may register to vote through
one of the following options, if applicable:
(1) Submit an affidavit of voter registration electronically on
the Secretary of State's Internet Web site pursuant to subdivision
(a) of Section 2196.
(2) Complete an affidavit of voter registration electronically on
the Secretary of State's Internet Web site, print a hard copy of the
completed affidavit, and mail or deliver the hard copy of the
completed affidavit to the Secretary of State or the appropriate
county elections official pursuant to subdivision (d) of Section
2196.
(3) Complete a supplemental voter registration form electronically
pursuant to Section 2502.
(c) A voter registration agency may take steps to ensure that the
information entered into a person's electronic application for
service or assistance, or his or her electronic recertification,
renewal, or change of address form relating to the service or
assistance, will be automatically transferred to the electronic
affidavit of voter registration if the person indicates that he or
she would like to register to vote.
(d) The Secretary of State shall take steps to ensure that the
electronic affidavit of voter registration is available, and may be
electronically submitted and verified, in all languages in which a
county is required to provide voting materials pursuant to 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. 8. Chapter 7 (commencing with Section 2500)
is added to Division 2 of the Elections Code ,
to read:
CHAPTER 7. AUTOMATED VOTER REGISTRATION
2500. (a) The Secretary of State and the Department of Motor
Vehicles shall jointly establish a system under which voter
registration information is collected by the Department of Motor
Vehicles pursuant to subdivision (b) and electronically transmitted
to the Secretary of State for the purpose of registering a person to
vote or updating a voter's registration information.
(b) With each in-person or online application for the issuance or
renewal of a driver's license or state identification card, and with
each in-person or online submission of a change of address form, the
Department of Motor Vehicles shall offer the person the opportunity
to register to vote in accordance with the federal National Voter
Registration Act of 1993 (42 U.S.C. Sec. 1973gg et seq.). The
Department of Motor Vehicles shall do all of the following:
(1) Notify the applicant of all of the following:
(A) The eligibility requirements to register to vote in this
state, using notice language approved by the Secretary of State.
(B) That the applicant has an opportunity to register to vote or
update his or her voter registration information.
(C) That voter registration is voluntary and, if the applicant
declines to register to vote, the fact that he or she has declined to
register shall only be used for voter registration purposes and
shall not otherwise affect the services or assistance provided by the
department.
(D) That if the applicant chooses to register to vote or update
his or her voter registration information, his or her voter
registration information shall be made available to the Secretary of
State for voter registration purposes.
(2) After providing the required notices to the applicant pursuant
to paragraph (1), ask the applicant whether he or she would like to
register to vote or update his or her voter registration information
and whether he or she consents to the use of his or her motor vehicle
records for voter registration purposes.
(3) For each applicant who indicates that he or she would like to
register to vote or update his or her voter registration information,
and consents to the use of his or her motor vehicle records for
voter registration purposes, provide the applicant with a
supplemental voter registration form, as described in Section 2503.
(4) Not later than one business day after receipt of a completed
supplemental voter registration form, electronically transmit to the
Secretary of State both of the following:
(A) The information collected on the supplemental voter
registration form.
(B) Any other information in the applicant's records that is
necessary to register the applicant to vote or update the applicant's
voter registration, as applicable.
(c) An applicant's voter registration shall be deemed submitted on
the date upon which the Department of Motor Vehicles receives the
applicant's completed supplemental voter registration form.
(d) The Department of Motor Vehicles shall only transmit
information to the Secretary of State pursuant to this section that
is necessary to register a person to vote or update a voter's
registration. If an applicant declines to register to vote, the fact
that he or she has declined to register shall be confidential and
that information shall not be transmitted to the Secretary of State.
(e) Notwithstanding any other provision of law, immediately after
transmitting an applicant's voter registration information to the
Secretary of State, the Department of Motor Vehicles shall destroy
the applicant's completed supplemental voter registration form and
any materials containing information specific to the applicant's
voter registration that is not otherwise collected by the Department
of Motor Vehicles for other purposes.
2501. (a) The Secretary of State and each community college or
California State University campus that operates an automated class
registration system on or after January 1, 2014, shall jointly
establish a system under which voter registration information is
collected by the college or university pursuant to subdivision (b)
and electronically transmitted to the Secretary of State for the
purpose of registering a person to vote or updating a voter's
registration information.
(b) Each time a student registers for classes, the college or
university shall offer the student the opportunity to register to
vote, and shall do all of the following:
(1) Notify the student of all of the following:
(A) The eligibility requirements to register to vote in this
state, using notice language approved by the Secretary of State.
(B) That the student has an opportunity to register to vote or
update his or her voter registration information.
(C)
That voter registration is voluntary and, if the student declines to
register to vote, the fact that he or she has declined to register
shall only be used for voter registration purposes and shall not
affect his or her class registration.
(D) That if the student chooses to register to vote or update his
or her voter registration information, his or her voter registration
information shall be made available to the Secretary of State for
voter registration purposes.
(2) After providing the required notices to the student pursuant
to paragraph (1), ask the student whether he or she would like to
register to vote or update his or her voter registration information
and whether he or she consents to the use of his or her student
records for voter registration purposes.
(3) For each student who indicates that he or she would like to
register to vote or update his or her voter registration information,
and consents to the use of his or her student records for voter
registration purposes, provide the student with a supplemental voter
registration form, as described in Section 2503.
(4) Not later than one business day after receipt of a completed
supplemental voter registration form, electronically transmit to the
Secretary of State both of the following:
(A) The information collected on the supplemental voter
registration form.
(B) Any other information in the student's records that is
necessary to register the student to vote or update the student's
voter registration, as applicable.
(c) A student's voter registration shall be deemed submitted on
the date upon which the college or university receives the student's
completed supplemental voter registration form.
(d) The college or university shall only transmit information to
the Secretary of State pursuant to this section that is necessary to
register a student to vote or update a student's voter registration.
If a student declines to register to vote, the fact that he or she
has declined to register shall be confidential and that information
shall not be transmitted to the Secretary of State.
(e) Notwithstanding any other provision of law, immediately after
transmitting a student's voter registration information to the
Secretary of State, a college or university shall destroy the student'
s completed supplemental voter registration form and any materials
containing information specific to the student's voter registration
that is not otherwise collected by the college or university for
other purposes.
2502. (a) The Secretary of State and each voter registration
agency, as defined in subdivision (b) of Section 2401, that allows a
person to apply online for service or assistance, or to submit a
recertification, renewal, or change of address form relating to the
service or assistance online, shall jointly establish a system under
which voter registration information is collected by the agency and
electronically transmitted to the Secretary of State for the purpose
of registering a person to vote or updating a voter's registration
information.
(b) With each online application for service or assistance or
submission of a recertification, renewal, or change of address form
relating to the service or assistance online, immediately prior to
providing an electronic voter preference form pursuant to Section
2408, the voter registration agency shall notify the applicant of all
of the following:
(1) The eligibility requirement to register to vote in this state,
using notice language approved by the Secretary of State.
(2) That the applicant has an opportunity to register to vote or
update his or her voter registration information.
(3) That voter registration is voluntary and, if the applicant
declines to register to vote, the fact that he or she has declined to
register shall only be used for voter registration purposes and
shall not otherwise affect the services or assistance provided by the
agency.
(c) If an applicant indicates on his or her electronic voter
preference form that he or she would like to register to vote by
completing a supplemental voter registration form, the voter
registration agency shall do both of the following:
(1) Notify the applicant that, if he or she chooses to register to
vote or update his or her voter registration by completing the form,
he or she consents to the agency and the Secretary of State using
information contained in his or her agency records for voter
registration purposes.
(2) Provide the applicant with a supplemental voter registration
form, as described in Section 2503.
(d) Not later than one business day after receipt of a completed
supplemental voter registration form, a voter registration agency
shall electronically transmit to the Secretary of State both of the
following:
(1) The information collected on the supplemental voter
registration form.
(2) Any other information in the applicant's records that is
necessary to register the applicant to vote or update the applicant's
voter registration, as applicable.
(e) An applicant's voter registration shall be deemed submitted on
the date upon which the voter registration agency receives the
applicant's completed supplemental voter registration form.
(f) The voter registration agency shall only transmit information
to the Secretary of State pursuant to this section that is necessary
to register an applicant to vote or update an applicant's voter
registration. If an applicant declines to register to vote, the fact
that he or she has declined to register shall be confidential and
that information shall not be transmitted to the Secretary of State.
(g) Notwithstanding any other provision of law, immediately after
transmitting an applicant's voter registration information to the
Secretary of State, the voter registration agency shall destroy the
applicant's completed supplemental voter registration form and any
materials containing information specific to the applicant's voter
registration that is not otherwise collected by the voter
registration agency for other purposes.
(h) The requirements in this section are in addition to the
requirements set forth in Section 2408.
2503. (a) The Department of Motor Vehicles, each college or
university described in Section 2501, and each voter registration
agency described in Section 2502 shall prepare and submit to the
Secretary of State for approval a supplemental voter registration
form. The supplemental voter registration form shall request voter
registration information necessary to register a person to vote or
update the person's voter registration, except that the form shall
not require any information to be provided that duplicates
information previously provided to the department, college or
university, or voter registration agency and available in the records
for the voter.
(b) The supplemental voter registration form shall do all of the
following:
(1) State the eligibility requirements to register to vote.
(2) Contain an attestation that the registrant meets each
eligibility requirement.
(3) Request all of the following information from the registrant,
if the information is not otherwise available in the records for the
registrant:
(A) The registrant's home telephone number.
(B) The registrant's electronic mail address.
(C) The registrant's California driver's license number or
state-issued identification number.
(D) The last four digits of the registrant's social security
number, if available.
(E) If the registrant was previously registered to vote, his or
her name, address, and county of residence for the previous
registration.
(F) The language in which the registrant would like to receive
election-related materials.
(G) The registrant's political party preference, if any.
(H) The registrant's ethnicity or race, or both. The registrant
may not be denied the ability to register because he or she declines
to state his or her ethnicity or race.
(I) Whether the registrant would like to receive a vote by mail
ballot in all elections.
(J) Whether the registrant would like to be a poll worker.
(4) Request any other information required by state or federal law
for voter registration.
(c) The registrant shall certify the content of the form as to its
truth and correctness, under penalty of perjury, with his or her
signature and the date of signing. If the registrant is unable to
write, he or she shall sign with a mark or cross.
(d) A registrant shall not be denied the ability to register to
vote because he or she declines to provide any of the information
requested pursuant to paragraph (3) of subdivision (b).
2504. (a) Upon receipt of a person's voter registration
information transmitted to the Secretary of State pursuant to this
chapter, the Secretary of State shall register the person to vote or
update the person's voter registration in the statewide voter
registration database, as applicable.
(b) The Secretary of State shall notify the appropriate county
elections official whenever a person who is domiciled within that
official's county is registered to vote pursuant to this section and
shall transmit to the elections official the applicable voter
registration information.
2505. A system established pursuant to Section 2500, 2501, or
2502 shall be designed to ensure the secure electronic storage of
information by, and the secure electronic transmission of information
between, the Secretary of State and the Department of Motor
Vehicles, college or university, or voter registration agency, as
applicable.
2506. (a) The Secretary of State shall ensure that a person shall
not be registered to vote or have his or her voter registration
updated pursuant to this chapter unless the person has consented to
registering or updating his or her voter registration.
(b) If the Secretary of State receives information indicating that
a person did not consent to registering to vote or updating his or
her voter registration before the registration or the update to the
registration is processed by the Secretary of State, the person shall
not be registered to vote or have his or her voter registration
updated. A person included in the statewide voter registration
database shall not have his or her name removed from the database
solely because the Secretary of State receives information indicating
that he or she may not have consented to registering or updating his
or her voter registration.
2507. The name of the department, college or university, or voter
registration agency from which voter registration information is
electronically transmitted to the Secretary of State pursuant to this
chapter shall not be included in the statewide voter registration
database.
2508. (a) A person shall not use, share, or provide access to the
statewide voter registration database for any purpose other than
voter registration, election administration, or the enforcement of
election laws.
(b) The fact that a person is not included in the statewide voter
registration database, or has declined to supply information for
voter registration purposes pursuant to this chapter, shall not be
disclosed to the public or used for any purpose other than voter
registration, election administration, or the enforcement of election
laws.
(c) A person's declination to register to vote or to update his or
her voter registration shall not affect the amount, type, or quality
of service or assistance provided by the Department of Motor
Vehicles, a college or university described in Section 2501, or a
voter registration agency described in Section 2502, as applicable,
except with regard to voter registration.
(d) A person shall not use voter registration information
collected under this chapter for commercial purposes, including for
comparison with a commercial list or database.
2509. (a) The Secretary of State shall adopt regulations as
necessary to implement this chapter, including, but not limited to,
regulations relating to all of the following:
(1) Procedures to ensure the reliable electronic transmission and
validation of voter registration information.
(2) Procedures relating to receipt of duplicate or multiple
transmissions of voter registration information pertaining to the
same person.
(3) Procedures to ensure the security and privacy of voter
registration information transmitted pursuant to this chapter.
(4) Procedures to ensure that the name of the department, college
or university, or voter registration agency that electronically
transmitted a voter's registration information to the Secretary of
State pursuant to this chapter is not included in the statewide voter
registration database.
(b) An entity that electronically transmits voter registration
information to the Secretary of State pursuant to this chapter shall
comply with all applicable regulations and guidelines adopted by the
Secretary of State. In addition, the entity may adopt or establish
additional security measures to protect the privacy and security of
voter registration information transmitted to the Secretary of State.
2510. The Department of Motor Vehicles, a college or university
described in Section 2501, or a voter registration agency described
in Section 2502 may contract with a third party to assist in the
transmission of voter registration information to the Secretary of
State, provided that the transmission complies with all requirements
of this chapter.
2511. (a) On or before January 1 of each year, the Secretary of
State shall submit a report to the Legislature on the effectiveness
of this chapter. The report shall include all of the following
information:
(1) The number of electronic transmissions of voter registration
information made from each entity.
(2) The number of voters registered pursuant to this chapter, by
entity.
(3) The number of voters in the statewide voter registration
database whose voter registration information was updated pursuant to
this chapter, by entity.
(b) (1) A report to be submitted pursuant to subdivision (a) shall
be submitted in compliance with Section 9795 of the Government Code.
(2) Pursuant to Section 10231.5 of the Government Code, this
section is repealed on January 1, 2018.
SEC. 2. SEC. 9. Section 3017 of the
Elections Code is amended to read:
3017. (a) All vote by mail ballots cast under this division shall
be voted on or before the day of the election. After marking the
ballot, the vote by mail voter shall do either of the following: (1)
return the ballot by mail or in person to the elections official from
whom it came or (2) return the ballot in person to a member of a
precinct board at a polling place within the jurisdiction. However, a
vote by mail voter who is unable to return the ballot may designate
his or her spouse, child, parent, grandparent, grandchild, brother,
sister, or a person residing in the same household as the vote by
mail voter to return the ballot to the elections official from whom
it came or to the precinct board at a polling place within the
jurisdiction. The ballot must, however, be received by either the
elections official from whom it came or the precinct board before the
close of the polls on election day.
(b) The elections official shall establish procedures to ensure
the secrecy of a ballot returned to a precinct polling place and the
security, confidentiality, and integrity of any personal information
collected, stored, or otherwise used pursuant to this section.
(c) (1) On or before March 1, 2008, the elections official shall
establish procedures to track and confirm the receipt of voted vote
by mail ballots and to make this information available by means of
online access using the county's elections division Internet Web
site. If the county does not have an elections division Internet Web
site, the elections official shall establish a toll-free telephone
number that may be used to confirm the date a voted vote by mail
ballot was received.
(2) The Secretary of State shall provide on his or her Internet
Web site the capability for a vote by mail voter to check the status
of the voter's vote by mail ballot to discover whether the ballot was
counted and, if not, the reason why it was not counted.
(d) The provisions of this section are mandatory, not directory,
and a ballot shall not be counted if it is not delivered in
compliance with this section.
(e) Notwithstanding subdivision (a), a vote by mail voter's ballot
shall not be returned by a paid or volunteer worker of a general
purpose committee, controlled committee, independent expenditure
committee, political party, candidate's campaign committee, or any
other group or organization at whose behest the individual designated
to return the ballot is performing a service. However, this
subdivision does not apply to a candidate or a candidate's spouse.
SEC. 3. Section 12106.5 is added to the
Elections Code, to read:
12106.5. The Secretary of State shall provide on his or her
Internet Web site the capability for a voter to find the location of
his or her polling place.
SEC. 4. SEC. 10. Section 14310 of
the Elections Code, as amended by Section 1 of Chapter 611 of the
Statutes of 2009, is amended to read:
14310. (a) At all elections, a voter claiming to be properly
registered, but whose qualification or entitlement to vote cannot be
immediately established upon examination of the index of registration
for the precinct or upon examination of the records on file with the
county elections official, shall be entitled to vote a provisional
ballot as follows:
(1) An elections official shall advise the voter of the voter's
right to cast a provisional ballot.
(2) The voter shall be provided a provisional ballot, written
instructions regarding the process and procedures for casting the
provisional ballot, and a written affirmation regarding the voter's
registration and eligibility to vote. The written instructions shall
include the information set forth in subdivisions (c) and (d).
(3) The voter shall be required to execute, in the presence of an
elections official, the written affirmation stating that the voter is
eligible to vote and registered in the county where the voter
desires to vote.
(b) Once voted, the voter's ballot shall be sealed in a
provisional ballot envelope, and the ballot in its envelope shall be
deposited in the ballot box. All provisional ballots voted shall
remain sealed in their envelopes for return to the elections official
in accordance with the elections official's instructions. The
provisional ballot envelopes specified in this subdivision shall be a
color different than the color of, but printed substantially similar
to, the envelopes used for vote by mail ballots, and shall be
completed in the same manner as vote by mail envelopes.
(c) (1) During the official canvass, the elections official shall
examine the records with respect to all provisional ballots cast.
Using the procedures that apply to the comparison of signatures on
vote by mail ballots, the elections official shall compare the
signature on each provisional ballot envelope with the signature on
the voter's affidavit of registration. If the signatures do not
compare or the provisional ballot envelope is not signed, the ballot
shall be rejected. A variation of the signature caused by the
substitution of initials for the first or middle name, or both, shall
not invalidate the ballot.
(2) Provisional ballots shall not be included in any semiofficial
or official canvass, except upon: (A) the elections official's
establishing prior to the completion of the official canvass, from
the records in his or her office, the claimant's right to vote; or
(B) the order of a superior court in the county of the voter's
residence. A voter may seek the court order specified in this
paragraph regarding his or her own ballot at any time prior to
completion of the official canvass. Any judicial action or appeal
shall have priority over all other civil matters. No fee shall be
charged to the claimant by the clerk of the court for services
rendered in an action under this section.
(3) The provisional ballot of a voter who is otherwise entitled to
vote shall not be rejected because the voter did not cast his or her
ballot in the precinct to which he or she was assigned by the
elections official.
(A) If the ballot cast by the voter contains the same candidates
and measures on which the voter would have been entitled to vote in
his or her assigned precinct, the elections official shall count the
votes for the entire ballot.
(B) If the ballot cast by the voter contains candidates or
measures on which the voter would not have been entitled to vote in
his or her assigned precinct, the elections official shall count only
the votes for the candidates and measures on which the voter was
entitled to vote in his or her assigned precinct.
(d) (1) The Secretary of State shall establish a free access
system on his or her Internet Web site that allows any voter who
casts a provisional ballot to discover whether the voter's
provisional ballot was counted and, if not, the reason why it was not
counted.
(2) The requirements of paragraph (1) shall not be satisfied by
providing hyperlinks, or otherwise referring voters, to the free
access systems established by county elections officials.
(e) The Secretary of State may adopt appropriate regulations for
purposes of ensuring the uniform application of this section.
(f) This section shall apply to any vote by mail voter described
by Section 3015 who is unable to surrender his or her unvoted vote by
mail voter's ballot.
(g) Any existing supply of envelopes marked "special challenged
ballot" may be used until the supply is exhausted.
SEC. 5. SEC. 11. Section 14310 of
the Elections Code, as amended by Section 3 of Chapter 497 of the
Statutes of 2012, is amended to read:
14310. (a) At all elections, a voter claiming to be properly
registered, but whose qualification or entitlement to vote cannot be
immediately established upon examination of the index of registration
for the precinct or upon examination of the records on file with the
county elections official, shall be entitled to vote a provisional
ballot as follows:
(1) An elections official shall advise the voter of the voter's
right to cast a provisional ballot.
(2) The voter shall be provided a provisional ballot, written
instructions regarding the process and procedures for casting the
ballot, and a written affirmation regarding the voter's registration
and eligibility to vote. The written instructions shall include the
information set forth in subdivisions (c) and (d).
(3) The voter shall be required to execute, in the presence of an
elections official, the written affirmation stating that the voter is
eligible to vote and registered in the county where the voter
desires to vote.
(b) Once voted, the voter's ballot shall be sealed in a
provisional ballot envelope, and the ballot in its envelope shall be
deposited in the ballot box. All provisional ballots voted shall
remain sealed in their envelopes for return to the elections official
in accordance with the elections official's instructions. The
provisional ballot envelopes specified in this subdivision shall be
of a color different than the color of, but printed substantially
similar to, the envelopes used for vote by mail ballots, and shall be
completed in the same manner as vote by mail envelopes.
(c) (1) During the official canvass, the elections official shall
examine the records with respect to all provisional ballots cast.
Using the procedures that apply to the comparison of signatures on
vote by mail ballots, the elections official shall compare the
signature on each provisional ballot envelope with the signature on
the voter's affidavit of registration. If the signatures do not
compare or the provisional ballot envelope is not signed, the ballot
shall be rejected. A variation of the signature caused by the
substitution of initials for the first or middle name, or both, shall
not invalidate the ballot.
(2) (A) Provisional ballots shall not be included in any
semiofficial or official canvass, except under one or more of the
following conditions:
(i) The elections official establishes prior to the completion of
the official canvass, from the records in his or her office, the
claimant's right to vote.
(ii) The provisional ballot has been cast and included in the
canvass pursuant to Article 4.5 (commencing with Section 2170) of
Chapter 2 of Division 2.
(iii) Upon the
order of a superior court in the county of the voter's residence.
(B) A voter may seek the court order specified in this paragraph
regarding his or her own ballot at any time prior to completion of
the official canvass. Any judicial action or appeal shall have
priority over all other civil matters. No fee shall be charged to the
claimant by the clerk of the court for services rendered in an
action under this section.
(3) The provisional ballot of a voter who is otherwise entitled to
vote shall not be rejected because the voter did not cast his or her
ballot in the precinct to which he or she was assigned by the
elections official.
(A) If the ballot cast by the voter contains the same candidates
and measures on which the voter would have been entitled to vote in
his or her assigned precinct, the elections official shall count the
votes for the entire ballot.
(B) If the ballot cast by the voter contains candidates or
measures on which the voter would not have been entitled to vote in
his or her assigned precinct, the elections official shall count only
the votes for the candidates and measures on which the voter was
entitled to vote in his or her assigned precinct.
(d) (1) The Secretary of State shall establish a free access
system on his or her Internet Web site that allows any voter who
casts a provisional ballot to discover whether the voter's
provisional ballot was counted and, if not, the reason why it was not
counted.
(2) The requirements of paragraph (1) shall not be satisfied by
providing hyperlinks, or otherwise referring voters, to the free
access systems established by county elections officials.
(e) The Secretary of State may adopt appropriate regulations for
purposes of ensuring the uniform application of this section.
(f) This section shall apply to any vote by mail voter described
by Section 3015 who is unable to surrender his or her unvoted vote by
mail voter's ballot.
(g) Any existing supply of envelopes marked "special challenged
ballot" may be used until the supply is exhausted.
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.
SEC. 6. SEC. 13. Sections 1 to
5, 12, inclusive, of this bill shall
become operative only if 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.).