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,begin insert after 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,end insert 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 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. 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:
Chapter 4.5 (commencing with Section 2260) is
2added to Division 2 of the Elections Code, to read:
3
This act shall be known and may be cited as the
7California New Motor Voter Program.
The Legislature finds and declares all of the following:
9(a) Voter registration is one of the biggest barriers to
10participation in our democracy.
11(b) In 1993, Congress enacted the federal National Voter
12Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.), commonly
13known as the “Motor Voter Law,” with findings recognizing that
14the right of citizens to vote is a fundamental right; it is the duty of
15federal, state, and local governments to promote the exercise of
16the right to vote; and the primary purpose of the act is to increase
17the number of eligible citizens who register to vote.
18(c) In 2014, with nearly 7 million Californians eligible to vote
19but not registered, California ranks 38th among the 50 states in
20voter registration.
21(d) In the 2014 elections, voter turnout nationwide was the
22lowest since World War II, with California ranking 43rd in voter
23participation.
24(e) Voting laws and practices have evolved over time with the
25goal of increasing voter participation, as illustrated by the history
26of vote by mail. While going to the polls on election day was once
27the only option for voting, vote by mail voting initially provided
28an alternate means of voting for voters with an excuse for being
29absent on election day, then it became an option available to any
30voter, and eventually the law allowed for permanent vote by mail
31voters who are
automatically sent a vote by mail ballot for every
32election.
33(f) Similarly, the federal Motor Voter Law was enacted more
34than 20 years ago based on a paper voter registration process, but
35may now use modern electronic data technologies to make voter
36registration easier, more convenient, and more efficient, while also
37preserving citizens’ choice to decline to be registered or cancel
38their registration at any time.
P4 1(g) It is the intent of the Legislature to enact the California New
2Motor Voter Program to provide California citizens additional
3opportunities to participate in democracy through exercise of their
4fundamental right to vote.
The Secretary of State and the Department of Motor
6Vehicles shall establish the California New Motor Voter Program
7for the purpose of increasing opportunities for voter registration
8by any person who is qualified to be a voter under Section 2 of
9Article II of the California Constitution.
(a) (1) The Secretary of State, in consultation with the
11Department of Motor Vehicles, shall establish a schedule for the
12department to electronically provide to the Secretary of State the
13records specified in this subdivision.
14(2) Except as provided in paragraph
(3), the Department of
15Motor Vehicles shall electronically provide to the Secretary of
16State the records of a person who is issued an original or renewal
17of a driver’s license or state identification card if the proof that the
18applicant is required to submit to prove that his or her presence in
19the United States is authorized under federal law also establishes
20that the applicant is a citizen of the United States. The records
21shall include the person’s name, age, residence address, and
22electronic signature.
23(3) The department shall not electronically provide the records
24of a person who is issued a driver’s license pursuant to Section
2512801.9 of the Vehicle Code because he or she is unable to submit
26satisfactory proof that his or her presence in the United States is
27authorized under federal law.
28(4) The Department of Motor Vehicles shall not electronically
29provide records pursuant to this subdivision, and the schedule
30established pursuant to paragraph (1) shall not provide for the
31Department of Motor Vehicles to electronically provide records,
32until after the Secretary of State certifies that the state has a
33statewide voter registration database that complies with the
34requirements of the federal Help America Vote Act of 2002 (52
35U.S.C. Sec. 20901 et seq.).
36(b) Upon receipt of records pursuant to subdivision (a), the
37Secretary of State shall provide the records to the county elections
38official of the county in which the person may be registered to
39vote, unless the Secretary of State determines that the person is
40not eligible to register to vote or is already registered to vote.
P5 1(c) The Secretary of State shall notify each person whose records
2are sent to a county elections official of all of the following:
3(1) That he or she will be registered to vote unless he or she
4declines to be registered within 21 days after the date that the
5Secretary of State issues the notification.
6(2) The method by which he or she may decline to be registered
7to vote.
8(3) The method by which he or she may include his or her
9political party preference on his or her voter registration.
10(d) If a person notified under subdivision (c) does not decline
11to be registered to vote within 21 days after the date
that the
12Secretary of State issues the notification, the person’s records shall
13constitute a completed affidavit of registration and the person shall
14be registered to vote.
A person registered to vote may cancel his or her voter
16registration at any time by submitting a request to the county
17elections official pursuant to Section 2201.
This chapter does not affect the confidentiality of a
19person’s voter registration information, which remains confidential
20pursuant to Section 2194 of this code and Section 6254.4 of the
21Government Code and for all of the following persons:
22(a) A victim of domestic violence, sexual assault, or stalking
23pursuant to Section 2166.5.
24(b) A reproductive health care service provider, employee,
25volunteer, or patient pursuant to Section 2166.5.
26(c) A public safety officer pursuant to Section 2166.7.
27(d) A person with
a life-threatening circumstance upon court
28order pursuant to Section 2166.
The Secretary of State shall adopt regulations to
30implement this chapter.
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