Amended in Assembly August 26, 2013

Amended in Assembly August 20, 2013

Amended in Assembly August 6, 2013

Amended in Assembly July 1, 2013

Amended in Senate May 16, 2013

Amended in Senate April 8, 2013

Senate Bill No. 361

Introduced by Senator Padilla

February 20, 2013

An act to amend Sections begin delete 2102, end delete 2146, 2153, and begin delete 14310 end delete begin insert 2408 end insert of, to add Section 2169 to, begin delete and end delete to add Chapter begin delete 8(commencing end delete begin insert 8 (commencing end insert with Section 2600) to Division 2 of, begin insert and to repeal Section 2601 of, end insert 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 begin delete in person at certain federal, state, or nongovernmental agencies designated by state law as voter registration agencies. end delete begin insert made simultaneously with an application for a motor vehicle driver’s license. end insert Existing law requires the Department of Motor begin delete Vehicles, community college and California State University campuses, and voter registration agencies end delete begin insert Vehicles end insert to perform various duties in connection with voter registration.

This bill would require the Department of Motor begin delete Vehicles, working jointly with the Secretary of State, to establish a system under which a person who applies for any services or assistance online with the department shall be offered the opportunity to register to vote, or update his or her voter registration information, online through the Secretary of State’s electronic voter registration system using an electronic form that is prepopulated with the applicant’s voter registration information, to the extent the information is available in the department’s records. For end delete begin insert Vehicles to ensure that any electronic system, as specified, under which a person may electronically submit on the Internet Web site of the Department of Motor Vehicles an application for the issuance or renewal of a driver’s license or state identification card, or a change of address form, shall offer the person the opportunity to submit an electronic affidavit of voter registration, or to electronically update his or her voter registration information, on the Internet Web site of the Secretary of State. This bill would require the Department of Motor Vehicles to work jointly with the Secretary of State to ensure that the system provides all required notices and, for end insert each applicant who indicates that he or she would like begin insert to apply end insert 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, begin delete this bill would require the Department of Motor Vehicles to end delete electronically begin delete transmit end delete begin insert transmits end insert to the Secretary of State begin delete any information provided by the applicant to the Department of Motor Vehicles that is necessary to register the applicant to vote or update the applicant’s voter registration, as applicable end delete begin insert end insert begin insert the information provided on the person’s driver’s license or state identification card application, or change of address form, as applicable, in a manner that does not require the person to duplicate or reenter the information end insert . This bill would require the Secretary of State to report to the Legislature, as specified.

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 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 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 revise begin delete or eliminate end delete these provisions of the act. This bill would require the Secretary of State to inform every high school, community college, and California State University and University of California campus that voter registration forms are available from the Secretary of State and to provide voter registration forms to each school upon request. This bill would require begin delete the Secretary of State to work with end delete each community college and California State University campus that operates an automated class registration begin delete system to ensure that the system conforms to the provisions on paperless voter registration. end delete begin insert 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, and, for each student who indicates that he or she would like to apply to register to vote, to electronically transmit to the Secretary of State information in the student’s records that is necessary to register the student to vote, in a manner that does not require the student to duplicate or reenter the information on the electronic affidavit of voter registration. end insert 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.

begin insert

(3) Existing federal 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 state law requires a designated 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, to implement a process and the infrastructure that allows the person to electronically submit a voter preference form, as defined, and to submit an affidavit of voter registration electronically on the Internet Web site of the Secretary of State. Existing law permits a voter registration agency to 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, 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.

end insert begin insert

This bill would require a voter registration agency, for each person who indicates that he or she would like to apply to register to vote, to electronically transmit to the Secretary of State, in a format prescribed by the Secretary of State, the information entered on the person’s electronic application for service or assistance, or his or her electronic recertification, renewal, or change of address form, as applicable, in a manner that does not require the person to duplicate or reenter the information on the electronic affidavit of voter registration.

end insert begin delete

(3)

end delete

begin insert (4) end insert  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 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.

begin delete

(4)

end delete

begin insert (5) end insert  Under existing law, if a county elections official receives an affidavit of voter registration that does not include all required information, and the elections official is not able to collect the missing information by telephone, but the mailing address of the affiant is legible, the elections official must inform the affiant of the reason for rejection of the affidavit and must send to the affiant a new voter registration card.

This bill would require the elections official under these circumstances to send to the affiant a new voter registration card or begin delete a document on which the affiant may provide the missing information and a return envelope with postage prepaid end delete begin insert any other document, as determined by the elections official, on which the affiant may provide the missing information end insert .

begin delete

(5) 

end delete

begin insert (6) end insert begin insert   end insert 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.

begin delete

(6) This

end delete

begin insert (7) end insert begin insert   end insert begin insert Certain provisions of t end insert begin insert his end insert bill would become operative begin delete when end delete begin insert on the date on which, or one year after the date on which, end insert 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: yes.

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

begin delete

SECTION 1.  

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 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 federal National Voter
Registration Act of 1993 (42 U.S.C. Sec. 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 paragraph (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 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.

end delete

begin delete SEC. 2. end delete
begin insert SECTION 1. end insert   

Section 2146 of the Elections Code is amended
to read:

2146.  

(a) The Secretary of State shall annually inform every
high school, community college, and California State University
and University of California campus that voter registration forms
are available from the Secretary of State, and shall provide voter
registration forms to each school upon request.

(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) Each community college or California State University
campus that operates an automated class registration system on or
begin delete after end delete begin insert before end insert January 1, begin delete 2016, shall comply with the requirements
of Chapter 8 (commencing with Section 2600). 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 paperless voter
registration requirements of Chapter 8 (commencing with Section
2600). end delete begin insert 2014, shall, through an automated program, in coordination
with the Secretary of State, 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. end insert

begin insert

(2) Any community college or California State University
campus that does not operate an automated class registration
system on or before January 1, 2014, 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 apply to
register to vote online by submitting an affidavit of voter
registration electronically on the Internet Web site of the Secretary
of State.

end insert begin delete

(2)

end delete

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

begin insert

(d) (1) Each community college or California State University
campus that operates an automated class registration system shall,
for each student who indicates that he or she would like to apply
to register to vote pursuant to subdivision (c), electronically
transmit to the Secretary of State, in a format prescribed by the
Secretary of State, information in the student’s records that is
necessary to register the student to vote, in a manner that does not
require the student to duplicate or reenter the information on the
electronic affidavit of voter registration.

end insert begin insert

(2) A system developed pursuant to paragraph (1) 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 college or university.

end insert begin insert

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

end insert begin insert

(4) This subdivision shall become operative one year after the
date on which 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.).

end insert begin delete

(d)

end delete

begin insert (e) end insert  (1) 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, the process for registering to vote or updating voter
registration information, and the Internet Web site address of the
Secretary of State’s electronic voter registration system.

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

begin delete

(e)

end delete

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

begin delete

(f)

end delete

begin insert (g) end insert  It is the intent of the Legislature that every eligible high
school and college student receive a voter registration form or the
opportunity to begin insert apply to end insert 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 begin insert apply to end insert
register to vote. This may include providing voter registration
forms at the start of the school year, including voter registration
forms with orientation 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
or placed on the Internet Web site of the high school, college, or
university.

begin delete SEC. 3. end delete
begin insert SEC. 2. end insert   

Section 2153 of the Elections Code is amended to read:

2153.  

(a) Except as provided in Section 2154, the affidavit of
registration shall show all the facts required to be stated.

(b) If the affidavit does not contain all of the information
required, but the telephone number of the affiant is legible, the
county elections official shall telephone the affiant and attempt to
collect the missing information.

(c) If the affidavit does not contain all of the information
required, and the county elections official is not able to collect the
missing information by telephone, but the mailing address of the
affiant is legible, the county elections official shall inform the
affiant of the reason for rejection and shall send to the affiant begin delete one
of the following: end delete begin insert a new voter registration card or any other
document, as determined by the elections official, on which the
affiant may provide the missing information. end insert

begin delete

(1) A new voter registration card.

end delete begin delete

(2) A document on which the affiant may provide the missing
information and a return envelope with postage prepaid.

end delete

begin delete SEC. 4. end delete
begin insert SEC. 3. end insert   

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 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) 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.

(3) 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.

(4) 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.

(5) Opt out of receiving his or her voter pamphlet by mail and
instead receive it by electronic mail.

(b) The online system 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 system.

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 2408 of the end insert begin insert Elections Code end insert begin insert is amended to read: end insert

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 begin insert apply to end insert register to vote, the
person shall be informed that he or she may begin insert apply to end insert 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 hardcopy of the
completed affidavit, and mail or deliver the hardcopy of the
completed affidavit to the Secretary of State or the appropriate
county elections official pursuant to subdivision (d) of Section
2196.

begin delete

(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.

end delete begin insert

(c) (1) A voter registration agency shall, for each person who
indicates on his or her electronic voter preference form that he or
she would like to apply to register to vote, electronically transmit
to the Secretary of State, in a format prescribed by the Secretary
of State, the information entered on the person’s electronic
application for service or assistance, or his or her electronic
recertification, renewal, or change of address form, as applicable,
in a manner that does not require the person to duplicate or reenter
the information on the electronic affidavit of voter registration.

end insert begin insert

(2) A system for electronic transmission of information
developed pursuant to this subdivision 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 voter registration agency.

end insert

(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. 5.  

Chapter 8 (commencing with Section 2600) is added
to Division 2 of the Elections Code, to read:

 

Chapter  8. begin insert Department of Motor Vehicles’ end insert Paperless
Voter Registration

 

begin delete

2600.  

(a) By January 1, 2017, the Department of Motor
Vehicles shall establish a system under which a person who applies
for any services or assistance online with the department shall be
offered the opportunity to register to vote, or update his or her
voter registration information, online through the Secretary of
State’s electronic voter registration system using an electronic
form that is prepopulated with the applicant’s voter registration
information, to the extent the information is available in the
department’s records.

(b) The Department of Motor Vehicles shall work jointly with
the Secretary of State to ensure that the system established pursuant
to this section does all of the following:

(1) Provides all required notices to the applicant, including all
of the following:

(A) A notice of the eligibility requirements to register to vote
in this state.

(B) A notice stating that voter registration is voluntary.

(C) A notice stating 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), asks 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, electronically transmits to the Secretary of
State any information provided by the applicant to the Department
of Motor Vehicles that is necessary to register the applicant to vote
or update the applicant’s voter registration, as applicable.

(4) Provides the applicant with a hyperlink to the Secretary of
State’s electronic voter registration system on which the applicant
may register to vote or update his or her voter registration using
an electronic form that is prepopulated with the voter registration
information transmitted by the Department of Motor Vehicles to
the Secretary of State.

(c) The system established pursuant to this section shall comply
with the requirements of the federal National Voter Registration
Act of 1993 (42 U.S.C. Sec. 1973gg et seq.).

(d) 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 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.

2601.  

A system established pursuant to Section 2600 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.

2602.  

(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.

(b) The Department of Motor Vehicles shall comply with all
applicable regulations and guidelines adopted by the Secretary of
State. In addition, the department may adopt or establish additional
security measures to protect the privacy and security of voter
registration information transmitted to the Secretary of State.

end delete begin insert

begin insert 2600. end insert   

(a) The Department of Motor Vehicles shall ensure that
any electronic system developed or modified to comply with this
chapter, in use on or after the operative date of this chapter, and
through which a person may electronically submit on the Internet
Web site of the Department of Motor Vehicles an application for
the issuance or renewal of a driver’s license or state identification
card, or a change of address form relating to a driver’s license or
state identification card, shall offer the person the opportunity to
submit an electronic affidavit of voter registration, or to
electronically update his or her voter registration information, on
the Internet Web site of the Secretary of State.

(b) The Department of Motor Vehicles shall work jointly with
the Secretary of State to ensure that the system described in
subdivision (a) does both of the following:

(1) Provides all notices required by the federal National Voter
Registration Act of 1993 (42 U.S.C. Sec. 1973gg et seq.).

(2) For each person who indicates that he or she would like to
apply to register to vote or update his or her voter registration
information, electronically transmits to the Secretary of State, in
a format prescribed by the Secretary of State, the information
provided on the person’s driver’s license or state identification
card application, or change of address form, as applicable, in a
manner that does not require the person to duplicate or reenter
the information.

(c) The system described in subdivision (a) 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.

end insert begin delete

2603.  

(a) After a system is established pursuant to Section
2600, the

end delete

begin insert

begin insert 2601. end insert   

end insert

begin insert (a) end insert begin insert   end insert begin insert The end insert Secretary of State shall, on or before January 1
of each year, 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 the Department of Motor Vehicles begin insert to the
Secretary of State pursuant to this chapter end insert .

(2) The number of voters begin delete registered pursuant to this chapter. end delete
begin insert who submitted an electronic affidavit of voter registration on the
Internet Web site of the Secretary of State using the system
described in Section 2600. end insert

(3) The number of voters begin delete in the statewide voter registration
database whose end delete begin insert who submitted an application to update end insert voter
registration information begin delete was updated pursuant to this chapter. end delete begin insert using
the system described in Section 2600. end insert

(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 begin delete on January 1, 2018 end delete begin insert four years after the date
upon which this chapter becomes operative end insert .

begin delete

SEC. 6.  

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. 7.  

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.

end delete

begin delete SEC. 8. end delete
begin insert SEC. 6. end insert   

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

begin delete

SEC. 9.  

Sections 1 to 8, inclusive,

end delete

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert (a) end insert begin insert   end insert begin insert Section 3 end insert of this bill shall become operative begin delete only
if end delete begin insert on the date on which end insert 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.).

begin insert

(b) Sections 4 and 5 of this bill shall become operative one year
after the date on which 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.).

end insert

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CORRECTIONS:

Title--Line 3.

Text--Pages 10, 14, and 19.

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