California Legislature—2015–16 Regular Session

Assembly BillNo. 2065


Introduced by Assembly Member Harper

February 17, 2016


An act to amend Sections 2263 and 2265 of the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 2065, as introduced, Harper. Voter registration: California New Motor Voter Program.

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.

Existing law, the California New Motor Voter Program, requires the Department of Motor Vehicles 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 or who provides the department with a change of address, as specified. The person’s motor vehicle records will then constitute a completed affidavit of registration and the person will be registered to vote, unless the person affirmatively declines to become registered to vote during a transaction with the department, among other conditions.

This bill would require the Department of Motor Vehicles to electronically provide records of a person to the Secretary of State pursuant to this program only if the person has submitted proof that he or she is a citizen of the United States, as specified. This bill would also require that a person affirmatively agree to become registered to vote during a transaction with the department in order for his or her records to constitute a completed affidavit of registration and for the Secretary of State to register him or her to vote.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

P2    1

SECTION 1.  

Section 2263 of the Elections Code is amended
2to read:

3

2263.  

(a) The Department of Motor Vehicles, in consultation
4with the Secretary of State, shall establish a schedule and method
5for the department to electronically provide to the Secretary of
6State the records specified in this section.

7(b) (1) The department shall provide to the Secretary of State,
8in a manner and method to be determined by the department in
9consultation with the Secretary of State, the following information
10associated with each person who submits an application for a
11driver’s license or identification card pursuant to Section 12800,
1212815, or 13000 of the Vehicle Code, or who notifies the
13department of a change of address pursuant to Section 14600 of
14the Vehiclebegin delete Codeend deletebegin insert Code, if the proof that the person is required to
15submit to prove that his or her presence in the United States is
16authorized under federal law also establishes that the person is a
17citizen of the United Statesend insert
:

18(A) Name.

19(B) Date of birth.

20(C) Either or both of the following, as contained in the
21department’s records:

22(i) Residence address.

23(ii) Mailing address.

24(D) Digitized signature, as described in Section 12950.5 of the
25Vehicle Code.

26(E) Telephone number, if available.

27(F) Email address, if available.

28(G) Language preference.

29(H) Political party preference.

P3    1(I) Whether the person chooses to become a permanent vote by
2mail voter.

3(J) Whether the person affirmativelybegin delete declinedend deletebegin insert agreedend insert to become
4registered to vote during a transaction with the department.

5(K) A notation that the applicant has attested that he or she
6meets all voter eligibility requirements, including United States
7citizenship, specified in Section 2101.

8(L) Other information specified in regulations implementing
9this chapter.

10(2) (A) The department may provide the records described in
11paragraph (1) to the Secretary of State before the Secretary of State
12certifies that all of the conditions set forth in subdivision (e) of
13this section have been satisfied. Records provided pursuant to this
14paragraph shall only be used for the purposes of outreach and
15education to eligible voters conducted by the Secretary of State.

16(B) The Secretary shall provide materials created for purposes
17of outreach and education as described in this paragraph in
18languages other than English, as required by the federal Voting
19Rights Act of 1965 (52 U.S.C. Sec. 10503).

20(c) The Secretary of State shall not sell, transferbegin insert,end insert or allow any
21third party access to the information acquired from the Department
22of Motor Vehicles pursuant to this chapter without approval of the
23department, except as permitted by this chapter and Section 2194.

24(d) The department shall not electronically provide records of
25a person who applies for or is issued a driver’s license pursuant to
26Section 12801.9 of the Vehicle Code because he or she is unable
27to submit satisfactory proof that his or her presence in the United
28States is authorized under federal law.

29(e) The Department of Motor Vehicles shall commence
30implementation of this section no later than one year after the
31Secretary of State certifies all of the following:

32(1) The State has a statewide voter registration database that
33complies with the requirements of the federal Help America Vote
34Act of 2002 (52 U.S.C.begin delete Sectionend deletebegin insert Sec.end insert 20901 et seq.).

35(2) The Legislature has appropriated the funds necessary for
36the Secretary of State and the Department of Motor Vehicles to
37implement and maintain the California New Motor Voter Program.

38(3) The regulations required by Section 2270 have been adopted.

39(f) The Department of Motor Vehicles shall not electronically
40provide records pursuant to this section that contain a home address
P4    1designated as confidential pursuant to Section 1808.2, 1808.4, or
21808.6 of the Vehicle Code.

3

SEC. 2.  

Section 2265 of the Elections Code is amended to read:

4

2265.  

(a)  The records of a person designated in paragraph (1)
5of subdivision (b) of Section 2263 shall constitute a completed
6affidavit of registration and the Secretary of State shall register
7the person tobegin delete vote, unless any of theend deletebegin insert vote if all of theend insert following
8conditionsbegin delete isend deletebegin insert areend insert satisfied:

9(1) The person’s records, as described in Section 2263, reflect
10that he or she affirmativelybegin delete declinedend deletebegin insert agreedend insert to become registered
11to vote during a transaction with the Department of Motor Vehicles.

12(2) The person’s records, as described in Section 2263,begin delete do notend delete
13 reflect that he or she has attested to meeting all voter eligibility
14requirements specified in Section 2101.

15(3) The Secretary of Statebegin delete determinesend deletebegin insert has not determinedend insert that
16the person is ineligible to vote.

17(b) (1) If a person who is registered to vote pursuant to this
18chapter does not provide a party preference, his or her party
19preference shall be designated as “Unknown” and he or she shall
20be treated as a “No Party Preference” voter.

21(2) A person whose party preference is designated as
22“Unknown” pursuant to this subdivision shall not be counted for
23purposes of determining the total number of voters registered on
24the specified day preceding an election, as required by subdivision
25(b) of Section 5100 and subdivision (c) of Section 5151.



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