Amended in Senate August 31, 2015

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

California Legislature—2015–16 Regular Session

Assembly Bill No. 1461

Introduced by Assembly Members Gonzalez, Alejo, and McCarty

( begin delete Coauthor: end delete begin insert Coauthors: end insert Assembly begin delete Member end delete begin insert Members end insert Eduardo Garcia begin insert and Mullin end insert )

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 begin delete registration. end delete begin insert registration: California New Motor Voter Program. end 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.

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 begin insert , on or after January 1, 2015, end insert is issued an original or renewal of a driver’s license or state identification card begin delete 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. end delete begin insert or who provided the department with a change of address, as specified. end insert In turn, the Secretary of State would be required begin delete to provide those records to the county elections official of the county in which the person may be registered to vote and end delete 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 begin insert , and to provide other information to the person end insert . If a person does not decline to be registered to vote within that time period, begin delete this bill would provide that end delete the person’s motor vehicle records begin delete shall end delete begin insert would end insert constitute a completed affidavit of registration and the person begin delete shall end delete begin insert would end insert be registered to vote. begin delete This end delete begin insert The end insert bill would require the Secretary of State to adopt regulations to implement this program, as specified.

begin insert

Existing law makes it a crime for a person to willfully cause, procure, or allow himself or herself or any other person to be registered as a voter, knowing that he or she or that other person is not entitled to registration.

end insert begin insert

This bill would provide that if a person who is ineligible to vote becomes registered to vote by operation of the California New Motor Voter Program in the absence of a violation by that person of the crime described above, that person’s registration shall be presumed to have been effected with official authorization and not the fault of that person.

end insert

This bill would also make conforming changes.

begin insert

This bill would incorporate additional changes to Section 2102 of the Elections Code, proposed by SB 589, that would become operative only if SB 589 and this bill are both chaptered and become effective on or before January 1, 2016, and this bill is chaptered last.

end insert

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.  

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
begin delete Chapter 909 end delete begin insert Section 6.5 end insert of begin delete the Statutes end delete begin insert Chapter 909 end insert of begin insert the Statutes
of end insert 2014, is amended to read:

2102.  

(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 (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.

begin insert

begin insert SEC. 2.5. end insert   

end insert

begin insert Section 2102 of the end insert begin insert Elections Code end insert begin insert , as amended by
Section 6.5 of Chapter 909 of the Statutes of 2014, is amended to
read: end insert

2102.  

(a)  begin delete A end delete begin insert Except as provided in Chapter 4.5, a end insert person shall
not be registered as a voter except by affidavit of registration. The
affidavit begin insert of registration end insert 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 begin insert affidavit of end insert registration
shall be deemed effective upon receipt of the affidavit by the county
elections official if received on or before the 15th day begin delete prior to end delete
begin insert before end insert an election to be held in the registrant’s precinct. A properly
executed begin insert affidavit of end insert 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 begin delete prior
to end delete begin insert before end insert 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 begin delete (42 end delete begin insert (52 end insert U.S.C. Sec. begin delete 1973gg end delete begin insert 20501 end insert et
seq.) on or before the 15th day begin delete prior to end delete begin insert before end insert the election.

(3) The affidavit is delivered to the county elections official by
means other than those described in begin delete paragraph end delete begin insert paragraphs end insert (1) and
(2) on or before the 15th day begin delete prior to end delete begin insert before end insert 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 begin delete prior to end delete begin insert before end insert 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 begin delete prior to end delete
begin insert before end insert 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
begin insert affidavit of end insert 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 begin insert affidavit of end insert
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.

begin insert

(e) An individual with a disability who is otherwise qualified to
vote may complete an affidavit of registration with reasonable
accommodations as needed.

end insert begin insert

(f) An individual with a disability who is under a conservatorship
may be registered to vote if he or she has not been disqualified
from voting.

end insert

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 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 begin delete ranks end delete begin insert ranked end insert 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.  

begin insert (a) end insert begin insert   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

(b) This chapter shall not be construed as requiring the
Department of Motor Vehicles to determine eligibility for voter
registration and voting.

end insert

2263.  

(a)  begin delete (1) end delete begin delete   end delete 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 begin delete subdivision. end delete begin insert chapter. end insert

begin delete

(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, electronic
signature, and other voter registration information collected
electronically by the Department of Motor Vehicles.

end delete begin insert

(b) (1) The Department of Motor Vehicles shall electronically
provide to the Secretary of State records containing all of the
following information associated with each person who, on or
after January 1, 2015, received an original or renewal driver’s
license or state identification card, or provided the department
with a change of address:

end insert begin insert

(A) Name.

end insert begin insert

(B) Age.

end insert begin insert

(C) Residence address.

end insert begin insert

(D) Electronic signature.

end insert begin insert

(E) The document code or equivalent identifier associated with
the document the person provided to prove that his or her presence
in the United States is authorized under federal law and that the
applicant is a citizen of the United States.

end insert begin insert

(F) Whether the person affirmatively declined to become
registered to vote during a transaction with the department.

end insert begin insert

(G) An attestation by the person that he or she meets all voter
eligibility requirements.

end insert begin insert

(H) Other information specified in regulations implementing
this chapter.

end insert begin insert

(2) Notwithstanding Section 2264, the department may provide
the records described in paragraph (1) to the Secretary of State
before 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.). Records provided pursuant to this paragraph shall only
be used for the purposes of outreach and education to eligible
voters conducted by the Secretary of State.

end insert begin delete

(3)

end delete

begin insert (c) end insert  The department shall not electronically provide begin delete the end delete records
of a person who begin insert applies for or end insert 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.

begin delete

(4) 

end delete

begin insert

begin insert 2264. end insert   

end insert

The Department of Motor Vehicles shall not
electronically provide records pursuant to this begin delete subdivision, end delete begin insert chapter, end insert
and the schedule established pursuant to begin delete paragraph (1) end delete begin insert Section
2263 end insert shall not provide for the Department of Motor Vehicles to
electronically provide records, until begin insert January 1 of the year end 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 of 2002 (52 U.S.C. Sec. 20901 et
seq.).

begin delete

(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.

end delete begin delete

(c) The

end delete

begin insert

begin insert 2265. end insert   

end insert

begin insert (a) end insert begin insert   end insert begin insert Except as provided in subdivision (b), the end insert Secretary
of State shall notify each person begin insert who is eligible to vote and end insert whose
records are sent to begin delete a county elections official end delete begin insert the Secretary of State end insert
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.

begin insert

(6) Voter eligibility requirements.

end insert begin delete

(6)

end delete

begin insert (7) end insert  Other information specified in regulations adopted pursuant
to Section begin delete 2266. end delete begin insert 2269. end insert

begin insert

(b) The Secretary of State shall not provide notification pursuant
to subdivision (a) to a person who already registered to vote or
who affirmatively declined to register to vote during a transaction
with the department.

end insert begin delete

(d)

end delete

begin insert (c) end insert  If a person notified under subdivision begin delete (c) end delete begin insert (a) end insert 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

(d) The Secretary of State shall provide the notification required
by subdivision (a) in languages other than English, as required
by the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).

end insert begin insert

(e) If a person who is registered to vote pursuant to this chapter
does not provide a party preference, his or her party preference
shall be designated as “Unknown.”

end insert

begin delete 2264. end delete
begin insert 2266. end insert   

A person registered to vote begin insert under this chapter end insert may cancel
his or her voter registration at any time by begin delete submitting a request to
the county elections official pursuant to Section 2201. end delete begin insert any method
available to any other registered voter. end insert

begin delete 2265. end delete
begin insert 2267. 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

begin insert 2268. end insert   

If a person who is ineligible to vote becomes registered
to vote pursuant to this chapter in the absence of a violation by
that person of Section 18100, that person’s registration shall be
presumed to have been effected with official authorization and not
the fault of that person.

end insert begin delete

2266.  

(a) 

end delete

begin insert

begin insert 2269. end insert   

end insert

The Secretary of State shall adopt regulations to
implement this chapter, including regulations addressing begin delete both end delete begin insert all end insert
of the following:

begin delete

(1)

end delete

begin insert (a) end insert  The form, content, and language options for the notice
described in begin delete subdivision (c) of Section 2263. end delete begin insert Section 2265. end insert

begin delete

(2)

end delete

begin insert (b) end insert  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.

begin insert

(c) An education and outreach campaign emphasizing voter
eligibility requirements that the Secretary of State will conduct to
implement this chapter. The Secretary may use any public and
private funds available for this purpose.

end insert

begin insert

begin insert SEC. 4. end insert   

end insert begin insert

Section 2.5 of this bill incorporates amendments to
Section 2102 of the Elections Code, as amended by Section 6.5 of
Chapter 909 of the Statutes of 2014, proposed by both this bill and
Senate Bill 589. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2016, (2)
each bill amends Section 2102 of the Elections Code, as amended
by Section 6.5 of Chapter 909 of the Statutes of 2014, and (3) this
bill is enacted after Senate Bill 589, in which case Section 2 of this
bill shall not become operative.

end insert