BILL NUMBER: AB 1461	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 23, 2015
	AMENDED IN ASSEMBLY  MAY 5, 2015
	AMENDED IN ASSEMBLY  APRIL 20, 2015
	AMENDED IN ASSEMBLY  APRIL 6, 2015
	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Members Gonzalez, Alejo, and McCarty
   (Coauthor: Assembly Member Eduardo Garcia)

                        FEBRUARY 27, 2015

   An act to  amend Sections 2100 and 2102 of, and 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,
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, 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
 , as specified  . 
   This bill would also make conforming changes. 
   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.    Section 2100 of the 
 Elections Code   is amended to read: 
   2100.   No person shall   A person shall not
 be registered except as provided in this chapter  or
Chapter 4.5,  except upon the production and filing of a
certified copy of a judgment of the superior court directing
registration to be made.
   SEC.   2.    Section 2102 of the  
Elections Code   , as amended by Chapter   909 of
the Statutes of 2014, is amended to read: 
   2102.  (a)  A   Except as provided in Chapter
4.5, a  person shall not be registered as a voter except by
affidavit of registration. The affidavit shall be mailed or delivered
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 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.)
  (52 U.S.C. 20501 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) and (2) on or
before the 15th day prior to the election.
   (4) The affidavit is submitted electronically on the Internet Web
site of the Secretary of State pursuant to Section 2196 on or before
the 15th day prior to the election.
   (b) For purposes of verifying a signature on a recall, initiative,
or referendum petition or a signature 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 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 16 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.
   SECTION 1.   SEC. 3.   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   chapter  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) 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 specified in this subdivision.
   (2) Except as provided in paragraph (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.   electronic signature, and other
voter registration information collected electronically by the
Department of Motor Vehicles. 
   (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.
   (4) The Department of Motor Vehicles shall not electronically
provide records pursuant to this subdivision, and the schedule
established pursuant to paragraph (1) shall not provide for the
Department of Motor Vehicles to electronically provide records, until
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 of 2002 (52 U.S.C.
Sec. 20901 et seq.).
   (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. 
   (4) The method by which he or she may apply for permanent vote by
mail status.  
   (5) The method by which he or she may provide a telephone number,
email address, or other contact information.  
   (6) Other information specified in regulations adopted pursuant to
Section 2266. 
   (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.   (a)    The Secretary of State shall
adopt regulations to implement this  chapter.  
chapter, including regulations addressing both of the following:
 
   (1) The form, content, and language options for the notice
described in subdivision (c) of Section 2263.  
   (2) A process for canceling the registration of a person who is
ineligible to vote, but became registered under the California New
Motor Voter Program in the absence of any violation by that person of
Section 18100.