Amended in Assembly March 17, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2455

Introduced by Assembly Members Chiu and Bonta

February 19, 2016

An act to amend begin delete Section 70900 of the Education Code, relating to community colleges. end delete begin insert Sections 2100 and 2102 of, to add Chapter 4.6 (commencing with Section 2280) to, and to repeal Article 3.5 (commencing with Section 2145) of Chapter 2 of Division 2 of, the Elections Code, relating to elections. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2455, as amended, Chiu. begin delete California Community Colleges: board of governors. end delete begin insert Automatic Student Voter Registration Program. end insert

begin insert

Under existing law, a person may not be registered to vote except by affidavit of registration. Pursuant to the California New Motor Voter Program, a person’s motor vehicle records are electronically provided by the Department of Motor Vehicles to the Secretary of State, as specified, and those records constitute a completed affidavit of registration. The Secretary of State is then required to register that person to vote unless the person affirmatively declines to be registered to vote, the department does not represent that the person attested that he or she meets all eligibility requirements, or the Secretary of State determines that the person is ineligible to vote.

end insert begin insert

Under the Student Voter Registration Act of 2003, the Secretary of State is required to annually provide every high school, community college, California State University, and University of California campus with voter registration forms. The act also requires every community college and California State University campus that operates an automated class registration system, in coordination with the Secretary of State, to permit students during the class registration process to apply to register to vote online by submitting an affidavit of voter registration electronically on the Internet Web site of the Secretary of State. The act encourages the University of California to comply with this provision.

end insert begin insert

This bill would repeal the Student Voter Registration Act of 2003 and instead require the Secretary of State, in coordination with the California State University and the California Community College system, to establish the Automatic Student Voter Registration Program for the purpose of increasing opportunities for voter registration by a qualified voter. The bill would require the California State University and California Community College systems to establish a schedule and method to electronically provide to the Secretary of State the records containing identifying information associated with each person who enrolls at the university or community college. The bill would encourage the University of California to comply with this provision. By requiring community colleges to provide a higher level of service, the bill would impose a state-mandated local program.

end insert begin insert

Upon the expiration of a 21-day period, the individual’s records would constitute a completed affidavit of registration and the Secretary of State would be required to register the individual to vote, except as specified. The bill would provide that a person may decline to be registered to vote under this program or may cancel his or her voter registration under this program at any time by any method available to any other registered voter. The bill would require the Secretary of State to adopt regulations to implement the program and would make conforming changes.

end insert begin insert

Existing law, the Information Practices Act of 1977, authorizes every state agency to maintain in its records only personal information that is relevant and necessary to accomplish a purpose of the agency, or is required or authorized by state or federal law. The act specifies the situation in which disclosure is permissible and the manner in which agencies account for disclosure of personal information, including those due to security breaches, among other provisions.

end insert begin insert

The bill would require the Secretary of State to establish procedures to safeguard the confidentiality of information acquired for purposes of the Automatic Student Voter Registration Program and would state that the provisions of the Information Practices Act of 1977 govern disclosures pursuant to the program.

end insert begin insert

The bill would provide that the willful, unauthorized disclosure of information obtained from a college or university pursuant to its provisions to any person, the use of any false representation to obtain any of that information, or the use of any of that information for a purpose other than for voter registration purposes is a misdemeanor punishable by a fine not to exceed $5,000 or imprisonment in county jail not exceeding one year, or both fine and imprisonment. By establishing a new crime, the bill would impose a state-mandated local program.

end insert begin insert

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert begin insert

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

end insert begin insert

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

end insert begin delete

Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the systems of public postsecondary education in this state.

end delete begin delete

This bill would make nonsubstantive changes to these provisions.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 2100 of the end insert begin insert Elections Code end insert begin insert is amended
to read: end insert

2100.  

A person shall not be registered except as provided in
this begin delete chapter or Chapter 4.5, end delete begin insert chapter, Chapter 4.5 (commencing
with Section 2260), and Chapter 4.6 (commencing with Section
2280), end insert except upon the production and filing of a certified copy
of a judgment of the superior court directing registration to be
made.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 2102 of the end insert begin insert Elections Code end insert begin insert , as amended by
Section 3.5 of Chapter 736 of the Statutes of 2015, is amended to
read: end insert

2102.  

(a) Except as provided in Chapter begin delete 4.5, end delete begin insert 4.5 (commencing
with Section 2260) and Chapter 4.6 (commencing with Section
2280), end insert a person shall not be registered as a voter except by affidavit
of registration. The affidavit of registration 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
affidavit of registration shall be deemed effective upon receipt of
the affidavit by the county elections official if received on or before
the 15th day before an election to be held in the registrant’s
precinct. A properly executed affidavit of 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 before
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. Sec. 20501 et seq.) on or
before the 15th day before the election.

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

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

(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.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Article 3.5 (commencing with Section 2145) of Chapter
2 of Division 2 of the end insert begin insert Elections Code end insert begin insert is repealed. end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Chapter 4.6 (commencing with Section 2280) is added
to Division 2 of the end insert begin insert Elections Code end insert begin insert , to read: end insert

begin insert

 

Chapter   begin insert 4.6. end insert Automatic Student Voter Registration
Program

 

begin insert 2280. end insert   

This chapter shall be known and may be cited as the
Automatic Student Voter Registration Program.

begin insert 2281. end insert   

(a) The Legislature finds and declares that voter
registration is one of the biggest barriers to participation in our
democracy.

(b) It is the intent of the Legislature to enact the Automatic
Student Voter Registration Program to provide California citizens
enrolled at the University of California, California State University,
and California Community College campuses additional
opportunities to participate in democracy through the exercise of
their fundamental right to vote.

begin insert 2282. end insert   

(a) The Secretary of State, in coordination with the
California State University and the California Community College
systems, shall establish the Automatic Student Voter Registration
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. The University
of California is encouraged to coordinate with the Secretary of
State pursuant to this subdivision.

(b) This chapter shall not be construed as requiring the
University of California, California State University, or California
Community College system to determine eligibility for voter
registration and voting. The Secretary of State is solely responsible
for determining eligibility for voter registration and voting.

begin insert 2283. end insert   

(a) The California State University and the California
Community College systems, in consultation with the Secretary of
State, shall establish a schedule and method to electronically
provide to the Secretary of State the records specified in this
section in a format that can be reviewed by election officials and
uploaded onto the computerized statewide voter registration
database.

(b) (1) The California State University and California
Community College systems shall provide to the Secretary of State,
in a manner and method to be determined in consultation with the
Secretary of State, the following information associated with each
person who enrolls at a university or community college campus:

(A) Legal name.

(B) Date of birth.

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

(i) Residence address.

(ii) Mailing address.

(D) Digitized signature.

(E) Telephone number, if available.

(F) Email address, if available.

(G) Language preference.

(H) Political party preference, if available.

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

(J) Whether the person affirmatively declined to become
registered to vote during an enrollment transaction with the
university or campus system.

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

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

(2) The California State University or California Community
College system shall, with respect to any individual disclosing
information to the university or community college that may be
relied upon to determine eligibility to register to vote in state
elections:

(A) Notify the individual that such information will be
transferred in accordance with subdivision (a).

(B) Provide the individual the opportunity to opt out of
automatic voter registration during their enrollment transactions
with the university or community college.

(3) (A) The California State University or California
Community College system may provide the records described in
paragraph (1) to the Secretary of State before the Secretary of
State certifies that all of the conditions set forth in subdivision (c)
have been satisfied. 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.

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

(4) (A) The Secretary of State shall not sell, transfer or allow
any third party access to the information acquired pursuant to this
chapter without approval of the California State University or
California Community College system, except as permitted by this
chapter and Section 2194.

(B) The California State University or California Community
College system shall not electronically provide the Secretary of
State with records of a person who enrolls at a community college
or university campus but is unable to submit satisfactory proof
that his or her presence in the United States is authorized under
federal law.

(c) The California State University and California Community
College systems shall commence implementation of this section
no later than one year after the Secretary of State certifies all of
the following:

(1) 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. Section 20901 et seq.).

(2) The Legislature has appropriated the funds necessary for
the implementation and maintenance of the Automatic Student
Voter Registration Program.

(3) The regulations required by Section 2290 have been adopted.

(d) The University of California is encouraged to comply with
this section.

begin insert 2284. end insert   

(a) Upon receiving an individual’s identifying
information specified in subdivision (a) of Section 2283, the
Secretary of State shall issue a notification to the individual
containing both of the following:

(1) A statement informing the individual that unless he or she
informs the election official that he or she declines to be registered
to vote within 21 days of the date the notification was issued, the
individual shall be considered to have completed and submitted
an affidavit of voter registration for purposes of this chapter.

(2) A description of the process by which the individual may
decline to be registered to vote.

(b) If an individual does not decline to be registered to vote 21
days after the Secretary of State issues the notification described
in subdivision (a), an individual's records shall constitute a
completed affidavit of registration and the Secretary of State shall
register the individual to vote in elections held in the state unless
either of the following conditions is satisfied:

(1) The Secretary of State determines that the individual does
not meet the eligibility requirements for registering to vote in such
elections.

(2) The person’s records do not reflect that he or she has
attested to meeting all voter eligibility requirements specified in
Section 2101.

(c) (1) 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” and he or she shall
be treated as a “No Party Preference” voter.

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

(d) If the information transferred under Section 2283 reflects
an individual already included on the voter registration list, and
if the information reliably indicates a more recent change to the
name or address of the individual, the Secretary of State shall
ensure that the records of the individual on the voter registration
list are updated accordingly.

begin insert 2285. end insert   

(a) A person registered to vote under this chapter may
cancel his or her voter registration at any time by any method
available to any other registered voter.

(b) This section does not preclude a person who previously
declined voter registration from subsequently registering.

begin insert 2286. end insert   

(a) The Secretary of State shall establish procedures to
protect the confidentiality of the information acquired pursuant
to this chapter. The disclosure of this information shall be governed
by the Information Practices Act of 1977 (Chapter 1 (commencing
with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil
Code), and the Secretary of State shall account for any disclosures,
including those due to security breaches, in accordance with that
act.

(b) The Secretary of State, in consultation with the University
of California, California State University, and California
Community College systems, shall set forth safeguards to protect
the privacy and security of the personal information provided to
the state in the data transfer process. These safeguards shall do
all of the following:

(1) Prohibit public disclosure of certain voter information,
including the source of a voter’s registration and any information
not necessary for purposes of voter registration.

(2) Protect against public disclosure of Social Security numbers
and digits, driver’s license numbers, and signatures.

(3) Prohibit public disclosure of an individual’s decision not
to register to vote.

(4) Prohibit agencies from transmitting to election officials
information other than that which is required for voter registration
or specified information relevant to the administration of elections,
including language preference and demographic information.

(5) Prohibit the disclosure of information relating to persons
in categories designated confidential by federal or state law.

(c) This section does not prevent the Secretary of State or the
University of California, California State University, or California
Community College system from establishing and enforcing
additional security measures to protect the confidentiality and
integrity of interagency data transfers.

(d) The University of California is encouraged to comply with
this section.

begin insert 2287. end insert   

The willful, unauthorized disclosure of information
obtained from a community college or university system pursuant
to this chapter to any person, the use of any false representation
to obtain any of that information, or the use of any of that
information for a purpose other than as stated in Section 2283 is
a misdemeanor punishable by a fine not exceeding five thousand
dollars ($5,000) or imprisonment in the county jail not exceeding
one year, or both fine and imprisonment.

begin insert 2288. end insert   

This chapter does not affect the confidentiality of a
person’s voter registration information, which remains confidential
pursuant to Section 2194 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 2289. end insert   

(a) 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.

(b) If a person who is ineligible to vote becomes registered to
vote pursuant to this chapter and votes or attempts to vote in an
election held after the effective date of the person’s registration,
that person shall be presumed to have acted with official
authorization and shall not be guilty of fraudulently voting or
attempting to vote pursuant to Section 18560, unless that person
willfully votes or attempts to vote knowing that he or she is not
entitled to vote.

begin insert 2290. end insert   

The Secretary of State shall adopt regulations to
implement this chapter, including regulations addressing both of
the following:

(a) A process for canceling the registration of a person who is
ineligible to vote, but became registered under the Automatic
Student Voter Registration Program in the absence of any violation
by that person of Section 18100.

(b) An education and outreach campaign informing voters about
the Automatic Student Voter Registration Program that the
Secretary of State will conduct to implement this chapter. The
Secretary of State may use any public and private funds available
for this and shall provide materials created for this outreach and
education campaign 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

begin insert SEC. 5. end insert   

end insert begin insert

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for certain
costs that may be incurred by a local agency or school district
because, in that regard, this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.

end insert begin insert

However, if the Commission on State Mandates determines that
this act contains other costs mandated by the state, reimbursement
to local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

end insert

begin delete

SECTION 1.  

Section 70900 of the Education Code is amended
to read:

70900.  

There is hereby established the California Community
Colleges, a postsecondary education system consisting of
community college districts established pursuant to law and the
Board of Governors of the California Community Colleges. The
board of governors shall carry out the functions specified in Section
70901, and local districts shall carry out the functions specified in
Section 70902.

end delete