Amended in Assembly April 6, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1461

Introduced by Assembly Member Gonzalez

February 27, 2015

An act to begin delete amend Sections 2027 and 14310 end delete begin insert add Chapter 4.5 (commencing with Section 2260) to Division 2 end insert of the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 1461, as amended, Gonzalez. Voter begin delete residency end delete begin insert registration end insert .

begin insert

Existing law, the federal National Voter Registration Act of 1993, requires a state to, among other things, establish procedures to register a person to vote by application made simultaneously with an application for a new or renewal of a motor vehicle driver’s license. The federal act requires the motor vehicle driver’s license application to serve as an application for voter registration with respect to an election for federal office, unless the applicant fails to sign the application, and requires the application to be considered as updating the applicant’s previous voter registration, if any. The federal act defines “motor vehicle driver’s license” to include any personal identification document issued by a state motor vehicle authority.

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Under existing state law, a person may not be registered to vote except by affidavit of registration. Existing law requires a properly executed affidavit of registration to be deemed effective upon receipt of the affidavit by the county elections official if the affidavit is submitted to the Department of Motor Vehicles on or before the 15th day before the election. Existing state law requires the Department of Motor Vehicles and the Secretary of State to develop a process and the infrastructure to allow a person who is qualified to register to vote in the state to register to vote online.

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This bill would require the Secretary of State and the Department of Motor Vehicles to establish the California New Motor Voter Program for the purpose of increasing opportunities for voter registration by any person who is qualified to be a voter. Under the program, the Department of Motor Vehicles would be required to electronically provide to the Secretary of State the records of each person who is issued an original or renewal of a driver’s license, as specified. In turn, the Secretary of State would be required to provide those records to the county elections official of the county in which the person may be registered to vote and to notify the person that he or she will be registered to vote unless he or she declines to be registered within 21 days after the date that the Secretary of State issues the notice. If a person does not decline to be registered to vote within that time period, this bill would provide that the person’s motor vehicle records shall constitute a completed affidavit of registration and the person shall be registered to vote. This bill would require the Secretary of State to adopt regulations to implement this program.

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Existing law defines “residence” for voting purposes as a person’s domicile, which is defined as the place of a person’s fixed habitation, in which the person has the intention of remaining and to which the person has the intention of returning when absent. Existing law provides that residence in a trailer or vehicle, or at any public camp or camping ground, may constitute a person’s domicile for voting purposes.

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This bill would provide that residence in a place of business or public space may also constitute a person’s domicile for voting purposes.

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Existing law provides that at all elections a voter claiming to be properly registered, but whose qualification or entitlement to vote cannot be immediately established, is entitled to vote a provisional ballot, as prescribed. Existing law prohibits the rejection of a provisional ballot of a voter who is otherwise entitled to vote because the voter did not cast his or her ballot in the precinct to which he or she was assigned.

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This bill additionally would prohibit the rejection of a provisional ballot because the address provided by the voter on the provisional ballot differs from the address contained in the voter’s affidavit of registration.

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

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Chapter 4.5 (commencing with Section 2260) is
added to Division 2 of the end insert begin insert Elections Code end insert begin insert , to read: end insert

begin insert

 

Chapter   begin insert 4.5. end insert California New Motor Voter Program

 

begin insert 2260. end insert   

This act shall be known and may be cited as the
California New Motor Voter Program.

begin insert 2261. end insert   

The Legislature finds and declares all of the following:

(a) Voter registration is one of the biggest barriers to
participation in our democracy.

(b) In 1993, Congress enacted the federal National Voter
Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.), commonly
known as the “Motor Voter Law,” with findings recognizing that
the right of citizens to vote is a fundamental right; it is the duty of
federal, state, and local governments to promote the exercise of
the right to vote; and the primary purpose of the act is to increase
the number of eligible citizens who register to vote.

(c) In 2014, with nearly 7 million Californians eligible to vote
but not registered, California ranks 38th among the 50 states in
voter registration.

(d) In the 2014 elections, voter turnout nationwide was the
lowest since World War II, with California ranking 43rd in voter
participation.

(e) Voting laws and practices have evolved over time with the
goal of increasing voter participation, as illustrated by the history
of vote by mail. While going to the polls on election day was once
the only option for voting, vote by mail voting initially provided
an alternate means of voting for voters with an excuse for being
absent on election day, then it became an option available to any
voter, and eventually the law allowed for permanent vote by mail
voters who are automatically sent a vote by mail ballot for every
election.

(f) Similarly, the federal Motor Voter Law was enacted more
than 20 years ago based on a paper voter registration process,
but may now use modern electronic data technologies to make
voter registration easier, more convenient, and more efficient,
while also preserving citizens’ choice to decline to be registered
or cancel their registration at any time.

(g) It is the intent of the Legislature to enact the California New
Motor Voter Program to provide California citizens additional
opportunities to participate in democracy through exercise of their
fundamental right to vote.

begin insert 2262. end insert   

The Secretary of State and the Department of Motor
Vehicles shall establish the California New Motor Voter Program
for the purpose of increasing opportunities for voter registration
by any person who is qualified to be a voter under Section 2 of
Article II of the California Constitution.

begin insert 2263. end insert   

(a) (1) Except as provided in paragraph (2), the
Secretary of State, in consultation with the Department of Motor
Vehicles, shall establish a schedule for the department to
electronically provide to the Secretary of State the records of a
person who is issued an original or renewal of a driver’s license
pursuant to Article 3 (commencing with Section 12800) of Chapter
1 of Division 6 of the Vehicle Code. The department shall
electronically provide to the Secretary of State the records in
accordance with the established schedule. The records shall
include the person’s name, age, residence address, and electronic
signature.

(2) The department shall not electronically provide the records
of a person who is issued a driver’s license pursuant to Section
12801.9 of the Vehicle Code because he or she is unable to submit
satisfactory proof that his or her presence in the United States is
authorized under federal law.

(b) Upon receipt of records pursuant to subdivision (a), the
Secretary of State shall provide the records to the county elections
official of the county in which the person may be registered to
vote, unless the Secretary of State determines that the person is
not eligible to register to vote or is already registered to vote.

(c) The Secretary of State shall notify each person whose records
are sent to a county elections official of all of the following:

(1) That he or she will be registered to vote unless he or she
declines to be registered within 21 days after the date that the
Secretary of State issues the notification.

(2) The method by which he or she may decline to be registered
to vote.

(3) The method by which he or she may include his or her
political party preference on his or her voter registration.

(d) If a person notified under subdivision (c) does not decline
to be registered to vote within 21 days after the date that the
Secretary of State issues the notification, the person’s records
shall constitute a completed affidavit of registration and the person
shall be registered to vote.

begin insert 2264. end insert   

A person registered to vote may cancel his or her voter
registration at any time by submitting a request to the county
elections official pursuant to Section 2201.

begin insert 2265. end insert   

This chapter does not affect the confidentiality of a
person’s voter registration information, which remains confidential
pursuant to Section 2194 of this code and Section 6254.4 of the
Government Code and for all of the following persons:

(a) A victim of domestic violence, sexual assault, or stalking
pursuant to Section 2166.5.

(b) A reproductive health care service provider, employee,
volunteer, or patient pursuant to Section 2166.5.

(c) A public safety officer pursuant to Section 2166.7.

(d) A person with a life-threatening circumstance upon court
order pursuant to Section 2166.

begin insert 2266. end insert   

The Secretary of State shall adopt regulations to
implement this chapter.

end insert

begin delete

SECTION 1.  

Section 2027 of the Elections Code is amended
to read:

2027.  

(a) The place where a person’s family is domiciled is
his or her domicile unless it is a place for temporary establishment
for his or her family or for transient objects.

(b) Residence in a trailer, vehicle, place of business, or public
space, or at any public camp or camping ground, may constitute
a domicile for voting purposes if the registrant complies with the
other requirements of this article.

SEC. 2.  

Section 14310 of the Elections Code, as amended by
Section 2 of Chapter 906 of the Statutes of 2014, 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 pursuant to Section 3019, the elections
official shall compare the signature on each provisional ballot
envelope with the signature on the voter’s affidavit of registration
or other signature in the voter’s registration record. 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. A fee shall not be charged to
the claimant by the clerk of the court for services rendered in an
action under this section.

(3) (A) The provisional ballot of a voter who is otherwise
entitled to vote shall not be rejected for either of the following
reasons:

(i) The address provided by the voter on the provisional ballot
differs from the address contained in the voter’s affidavit of
registration.

(ii) The voter did not cast his or her ballot in the precinct to
which he or she was assigned by the elections official.

(B) (i) 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.

(ii) 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) The Secretary of State shall establish a free access system
that any voter who casts a provisional ballot may access to discover
whether the voter’s provisional ballot was counted and, if not, the
reason why it was not counted.

(e) The Secretary of State may adopt appropriate regulations
for the purpose 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. 3.  

Section 14310 of the Elections Code, as amended by
Section 3 of Chapter 906 of the Statutes of 2014, 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 pursuant to Section 3019, the elections
official shall compare the signature on each provisional ballot
envelope with the signature on the voter’s affidavit of registration
or other signature in the voter’s registration record. 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. A fee shall not be charged to
the claimant by the clerk of the court for services rendered in an
action under this section.

(3) (A) The provisional ballot of a voter who is otherwise
entitled to vote shall not be rejected for either of the following
reasons:

(i) The address provided by the voter on the provisional ballot
differs from the address contained in the voter’s affidavit of
registration.

(ii) The voter did not cast his or her ballot in the precinct to
which he or she was assigned by the elections official.

(B) (i) 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.

(ii) 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) The Secretary of State shall establish a free access system
that any voter who casts a provisional ballot may access to discover
whether the voter’s provisional ballot was counted and, if not, the
reason why it was not counted.

(e) The Secretary of State may adopt appropriate regulations
for the purpose 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.

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