BILL NUMBER: AB 1461 AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 20, 2015 AMENDED IN ASSEMBLY APRIL 6, 2015 AMENDED IN ASSEMBLY MARCH 26, 2015 INTRODUCED BY AssemblyMemberGonzalezMembers Gonzalez, Alejo, and McCarty FEBRUARY 27, 2015 An act to add Chapter 4.5 (commencing with Section 2260) to Division 2 of the Elections Code, relating to elections. LEGISLATIVE COUNSEL'S DIGEST AB 1461, as amended, Gonzalez. Voter registration. 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. 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. Existing law requires the Department of Motor Vehicles to issue driver's licenses and state identification cards to applicants who meet specified criteria and provide the department with the required information. Existing law generally requires an applicant for an original driver's license or state identification card to submit satisfactory proof to the department that the applicant's presence in the United States is authorized under federal law. 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'slicense, as specifiedlicense or state identification card if the proof that the applicant is required to submit to prove that hi s or her presence in the United States is authorized under federal law also establishes that the applicant is a citizen of the United States . 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. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Chapter 4.5 (commencing with Section 2260) is added to Division 2 of the Elections Code, to read: CHAPTER 4.5. CALIFORNIA NEW MOTOR VOTER PROGRAM 2260. This act shall be known and may be cited as the California New Motor Voter Program. 2261. 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. 2262. 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. 2263. (a) (1)ExceptThe 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 specified in this subdivision. (2) 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.(3), the Department of Motor Vehicles shall electronically provide to the Secretary of State the records of a person who is issued an original or renewal of a driver's license or state identification card if the proof that the applicant is required to submit to prove that his or her presence in the United States is authorized under federal law also establishes that the applicant is a citizen of the United States. The records shall include the person's name, age, residence address, and electronic signature.(2)(3) 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. 2264. 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. 2265. 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. 2266. The Secretary of State shall adopt regulations to implement this chapter.