Amended in Assembly April 6, 2016

Amended in Assembly March 17, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2455


Introduced by Assembly Members Chiu and Bonta

February 19, 2016


An act tobegin delete amend 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,end deletebegin insert add Section 2197.5 toend insert the Elections Code, relating tobegin delete electionsend deletebegin insert voter registrationend insert.

LEGISLATIVE COUNSEL’S DIGEST

AB 2455, as amended, Chiu. begin deleteAutomatic Student Voter Registration Program. end deletebegin insertElectronic voter registration: public postsecondary educational institutions.end insert

Under existing law, a person may not be registered to vote except by affidavit of registration. Pursuant to thebegin delete 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 delete

begin deleteUnder theend delete 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.

begin insert

This bill would require the California State University and the California Community Colleges to implement a process and the infrastructure to allow a person who enrolls online at the institution, to submit an affidavit of voter registration electronically on the Internet Web site of the Secretary of State by July 1, 2018. The bill would encourage the University of California to comply with its provisions. By requiring community colleges to provide a higher level of service, 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

end insert
begin delete

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 delete
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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 delete
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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 delete
begin delete

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 delete
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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 delete
begin delete

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 delete
begin delete

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

end delete
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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 delete

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

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

P4    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertIt is the intent of the Legislature, in enacting this
2act, to take preliminary measures towards the establishment of an
3automatic voter registration system for California citizens enrolled
4at state public college and university campuses.end insert

5begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 2197.5 is added to the end insertbegin insertElections Codeend insertbegin insert, to read:end insert

begin insert
6

begin insert2197.5.end insert  

No later than July 1, 2018, the California State
7University and the California Community Colleges shall implement
8a process and the infrastructure to allow a person who enrolls
9online at the institution, to submit an affidavit of voter registration
10electronically on the Internet Web site of the Secretary of State in
11accordance with this chapter. The University of California is
12encouraged to coordinate with the Secretary of State pursuant to
13this section.

end insert
14begin insert

begin insertSEC. 3.end insert  

end insert
begin insert

If the Commission on State Mandates determines that
15this act contains costs mandated by the state, reimbursement to
16local agencies and school districts for those costs shall be made
17pursuant to Part 7 (commencing with Section 17500) of Division
184 of Title 2 of the Government Code.

end insert
begin delete
19

SECTION 1.  

Section 2100 of the Elections Code is amended
20to read:

21

2100.  

A person shall not be registered except as provided in
22this chapter, Chapter 4.5 (commencing with Section 2260), and
23Chapter 4.6 (commencing with Section 2280), except upon the
24production and filing of a certified copy of a judgment of the
25superior court directing registration to be made.

26

SEC. 2.  

Section 2102 of the Elections Code, as amended by
27Section 3.5 of Chapter 736 of the Statutes of 2015, is amended to
28read:

29

2102.  

(a) Except as provided in Chapter 4.5 (commencing
30with Section 2260) and Chapter 4.6 (commencing with Section
312280), a person shall not be registered as a voter except by affidavit
32of registration. The affidavit of registration shall be mailed or
33delivered to the county elections official and shall set forth all of
34the facts required to be shown by this chapter. A properly executed
35affidavit of registration shall be deemed effective upon receipt of
36the affidavit by the county elections official if received on or before
37the 15th day before an election to be held in the registrant’s
38precinct. A properly executed affidavit of registration shall also
P5    1be deemed effective upon receipt of the affidavit by the county
2elections official if any of the following apply:

3(1) The affidavit is postmarked on or before the 15th day before
4the election and received by mail by the county elections official.

5(2) The affidavit is submitted to the Department of Motor
6Vehicles or accepted by any other public agency designated as a
7voter registration agency pursuant to the federal National Voter
8Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.) on or
9before the 15th day before the election.

10(3) The affidavit is delivered to the county elections official by
11means other than those described in paragraphs (1) and (2) on or
12before the 15th day before the election.

13(4) The affidavit is submitted electronically on the Internet Web
14site of the Secretary of State pursuant to Section 2196 on or before
15the 15th day before the election.

16(b) For purposes of verifying a signature on a recall, initiative,
17or referendum petition or a signature on a nomination paper or any
18other election petition or election paper, a properly executed
19affidavit of registration shall be deemed effective for verification
20purposes if both of the following conditions are satisfied:

21(1) The affidavit is signed on the same date or a date before the
22signing of the petition or paper.

23(2) The affidavit is received by the county elections official on
24or before the date on which the petition or paper is filed.

25(c) Notwithstanding any other law to the contrary, the affidavit
26of registration required under this chapter shall not be taken under
27sworn oath, but the content of the affidavit shall be certified as to
28its truthfulness and correctness, under penalty of perjury, by the
29signature of the affiant.

30(d) A person who is at least 16 years of age and otherwise meets
31all eligibility requirements to vote may submit his or her affidavit
32of registration as prescribed by this section. A properly executed
33affidavit of registration made pursuant to this subdivision shall be
34deemed effective as of the date the affiant will be 18 years of age,
35if the information in the affidavit of registration is still current at
36that time. If the information provided by the affiant in the affidavit
37of registration is not current at the time that the affidavit of
38registration would otherwise become effective, for his or her
39registration to become effective, the affiant shall provide the current
P6    1information to the proper county elections official as prescribed
2by this chapter.

3(e) An individual with a disability who is otherwise qualified
4to vote may complete an affidavit of registration with reasonable
5accommodations as needed.

6(f) An individual with a disability who is under a conservatorship
7may be registered to vote if he or she has not been disqualified
8from voting.

9

SEC. 3.  

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

11

SEC. 4.  

Chapter 4.6 (commencing with Section 2280) is added
12to Division 2 of the Elections Code, to read:

13 

14Chapter  4.6. Automatic Student Voter Registration
15Program
16

 

17

2280.  

This chapter shall be known and may be cited as the
18Automatic Student Voter Registration Program.

19

2281.  

(a) The Legislature finds and declares that voter
20registration is one of the biggest barriers to participation in our
21democracy.

22(b) It is the intent of the Legislature to enact the Automatic
23Student Voter Registration Program to provide California citizens
24enrolled at the University of California, California State University,
25and California Community College campuses additional
26opportunities to participate in democracy through the exercise of
27their fundamental right to vote.

28

2282.  

(a) The Secretary of State, in coordination with the
29California State University and the California Community College
30systems, shall establish the Automatic Student Voter Registration
31Program for the purpose of increasing opportunities for voter
32registration by any person who is qualified to be a voter under
33Section 2 of Article II of the California Constitution. The
34University of California is encouraged to coordinate with the
35Secretary of State pursuant to this subdivision.

36(b) This chapter shall not be construed as requiring the
37University of California, California State University, or California
38Community College system to determine eligibility for voter
39registration and voting. The Secretary of State is solely responsible
40for determining eligibility for voter registration and voting.

P7    1

2283.  

(a) The California State University and the California
2Community College systems, in consultation with the Secretary
3of State, shall establish a schedule and method to electronically
4provide to the Secretary of State the records specified in this section
5in a format that can be reviewed by election officials and uploaded
6onto the computerized statewide voter registration database.

7(b) (1) The California State University and California
8Community College systems shall provide to the Secretary of State,
9in a manner and method to be determined in consultation with the
10Secretary of State, the following information associated with each
11person who enrolls at a university or community college campus:

12(A) Legal name.

13(B) Date of birth.

14(C) Either or both of the following, as contained in the system’s
15records:

16(i) Residence address.

17(ii) Mailing address.

18(D) Digitized signature.

19(E) Telephone number, if available.

20(F) Email address, if available.

21(G) Language preference.

22(H) Political party preference, if available.

23(I) Whether the person chooses to become a permanent
24vote-by-mail voter.

25(J) Whether the person affirmatively declined to become
26registered to vote during an enrollment transaction with the
27university or campus system.

28(K) A notation that the applicant has attested that he or she
29meets all voter eligibility requirements, including United States
30citizenship, specified in Section 2101.

31(L) Other information specified in regulations implementing
32this chapter.

33(2) The California State University or California Community
34College system shall, with respect to any individual disclosing
35information to the university or community college that may be
36relied upon to determine eligibility to register to vote in state
37elections:

38(A) Notify the individual that such information will be
39transferred in accordance with subdivision (a).

P8    1(B) Provide the individual the opportunity to opt out of
2automatic voter registration during their enrollment transactions
3with the university or community college.

4(3) (A) The California State University or California
5Community College system may provide the records described in
6paragraph (1) to the Secretary of State before the Secretary of State
7certifies that all of the conditions set forth in subdivision (c) have
8been satisfied. Records provided pursuant to this paragraph shall
9only be used for the purposes of outreach and education to eligible
10voters conducted by the Secretary of State.

11(B) The Secretary of State shall provide materials created for
12purposes of outreach and education as described in this paragraph
13in languages other than English, as required by the federal Voting
14Rights Act of 1965 (52 U.S.C. Sec. 10503).

15(4) (A) The Secretary of State shall not sell, transfer or allow
16any third party access to the information acquired pursuant to this
17chapter without approval of the California State University or
18California Community College system, except as permitted by this
19chapter and Section 2194.

20(B) The California State University or California Community
21College system shall not electronically provide the Secretary of
22State with records of a person who enrolls at a community college
23or university campus but is unable to submit satisfactory proof
24that his or her presence in the United States is authorized under
25federal law.

26(c) The California State University and California Community
27College systems shall commence implementation of this section
28no later than one year after the Secretary of State certifies all of
29the following:

30(1) The State has a statewide voter registration database that
31complies with the requirements of the federal Help America Vote
32Act of 2002 (52 U.S.C. Section 20901 et seq.).

33(2) The Legislature has appropriated the funds necessary for
34the implementation and maintenance of the Automatic Student
35Voter Registration Program.

36(3) The regulations required by Section 2290 have been adopted.

37(d) The University of California is encouraged to comply with
38this section.

39

2284.  

(a) Upon receiving an individual’s identifying
40information specified in subdivision (a) of Section 2283, the
P9    1Secretary of State shall issue a notification to the individual
2containing both of the following:

3(1) A statement informing the individual that unless he or she
4informs the election official that he or she declines to be registered
5to vote within 21 days of the date the notification was issued, the
6individual shall be considered to have completed and submitted
7an affidavit of voter registration for purposes of this chapter.

8(2) A description of the process by which the individual may
9decline to be registered to vote.

10(b) If an individual does not decline to be registered to vote 21
11days after the Secretary of State issues the notification described
12in subdivision (a), an individual's records shall constitute a
13completed affidavit of registration and the Secretary of State shall
14register the individual to vote in elections held in the state unless
15either of the following conditions is satisfied:

16(1) The Secretary of State determines that the individual does
17not meet the eligibility requirements for registering to vote in such
18elections.

19(2) The person’s records do not reflect that he or she has attested
20to meeting all voter eligibility requirements specified in Section
212101.

22(c) (1) If a person who is registered to vote pursuant to this
23chapter does not provide a party preference, his or her party
24preference shall be designated as “Unknown” and he or she shall
25be treated as a “No Party Preference” voter.

26(2) A person whose party preference is designated as
27“Unknown” pursuant to this subdivision shall not be counted for
28purposes of determining the total number of voters registered on
29the specified day preceding an election, as required by subdivision
30(b) of Section 5100 and subdivision (c) of Section 5151.

31(d) If the information transferred under Section 2283 reflects
32an individual already included on the voter registration list, and if
33the information reliably indicates a more recent change to the name
34or address of the individual, the Secretary of State shall ensure
35that the records of the individual on the voter registration list are
36updated accordingly.

37

2285.  

(a) A person registered to vote under this chapter may
38cancel his or her voter registration at any time by any method
39available to any other registered voter.

P10   1(b) This section does not preclude a person who previously
2declined voter registration from subsequently registering.

3

2286.  

(a) The Secretary of State shall establish procedures to
4protect the confidentiality of the information acquired pursuant to
5this chapter. The disclosure of this information shall be governed
6by the Information Practices Act of 1977 (Chapter 1 (commencing
7with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil
8Code), and the Secretary of State shall account for any disclosures,
9including those due to security breaches, in accordance with that
10act.

11(b) The Secretary of State, in consultation with the University
12of California, California State University, and California
13Community College systems, shall set forth safeguards to protect
14the privacy and security of the personal information provided to
15the state in the data transfer process. These safeguards shall do all
16of the following:

17(1) Prohibit public disclosure of certain voter information,
18including the source of a voter’s registration and any information
19not necessary for purposes of voter registration.

20(2) Protect against public disclosure of Social Security numbers
21and digits, driver’s license numbers, and signatures.

22(3) Prohibit public disclosure of an individual’s decision not to
23register to vote.

24(4) Prohibit agencies from transmitting to election officials
25information other than that which is required for voter registration
26or specified information relevant to the administration of elections,
27including language preference and demographic information.

28(5) Prohibit the disclosure of information relating to persons in
29categories designated confidential by federal or state law.

30(c) This section does not prevent the Secretary of State or the
31University of California, California State University, or California
32Community College system from establishing and enforcing
33additional security measures to protect the confidentiality and
34integrity of interagency data transfers.

35(d) The University of California is encouraged to comply with
36this section.

37

2287.  

The willful, unauthorized disclosure of information
38obtained from a community college or university system pursuant
39to this chapter to any person, the use of any false representation
40to obtain any of that information, or the use of any of that
P11   1information for a purpose other than as stated in Section 2283 is
2a misdemeanor punishable by a fine not exceeding five thousand
3dollars ($5,000) or imprisonment in the county jail not exceeding
4one year, or both fine and imprisonment.

5

2288.  

This chapter does not affect the confidentiality of a
6person’s voter registration information, which remains confidential
7pursuant to Section 2194 and Section 6254.4 of the Government
8Code and for all of the following persons:

9(a) A victim of domestic violence, sexual assault, or stalking
10pursuant to Section 2166.5.

11(b) A reproductive health care service provider, employee,
12volunteer, or patient pursuant to Section 2166.5.

13(c) A public safety officer pursuant to Section 2166.7.

14(d) A person with a life-threatening circumstance upon court
15order pursuant to Section 2166.

16

2289.  

(a) If a person who is ineligible to vote becomes
17registered to vote pursuant to this chapter in the absence of a
18violation by that person of Section 18100, that person’s registration
19shall be presumed to have been effected with official authorization
20and not the fault of that person.

21(b) If a person who is ineligible to vote becomes registered to
22vote pursuant to this chapter and votes or attempts to vote in an
23election held after the effective date of the person’s registration,
24that person shall be presumed to have acted with official
25authorization and shall not be guilty of fraudulently voting or
26attempting to vote pursuant to Section 18560, unless that person
27willfully votes or attempts to vote knowing that he or she is not
28entitled to vote.

29

2290.  

The Secretary of State shall adopt regulations to
30implement this chapter, including regulations addressing both of
31the following:

32(a) A process for canceling the registration of a person who is
33ineligible to vote, but became registered under the Automatic
34Student Voter Registration Program in the absence of any violation
35by that person of Section 18100.

36(b) An education and outreach campaign informing voters about
37the Automatic Student Voter Registration Program that the
38Secretary of State will conduct to implement this chapter. The
39Secretary of State may use any public and private funds available
40for this and shall provide materials created for this outreach and
P12   1education campaign in languages other than English, as required
2by the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).

3

SEC. 5.  

No reimbursement is required by this act pursuant to
4Section 6 of Article XIII B of the California Constitution for certain
5costs that may be incurred by a local agency or school district
6because, in that regard, this act creates a new crime or infraction,
7eliminates a crime or infraction, or changes the penalty for a crime
8or infraction, within the meaning of Section 17556 of the
9Government Code, or changes the definition of a crime within the
10meaning of Section 6 of Article XIII B of the California
11Constitution.

12However, if the Commission on State Mandates determines that
13this act contains other costs mandated by the state, reimbursement
14to local agencies and school districts for those costs shall be made
15pursuant to Part 7 (commencing with Section 17500) of Division
164 of Title 2 of the Government Code.

end delete


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