Amended in Senate August 15, 2016

Amended in Senate June 16, 2016

Amended in Assembly May 3, 2016

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

(Coauthor: Assembly Member Gonzalez)

February 19, 2016


An act tobegin insert amend Section 2265 of, and toend insert add Section 2147begin delete toend deletebegin insert to,end insert the Elections Code, relating to voter registration.

LEGISLATIVE COUNSEL’S DIGEST

AB 2455, as amended, Chiu. begin deleteElectronic voter end deletebegin insertVoter end insertregistration: public postsecondary educationalbegin delete institutions.end deletebegin insert: institutions: California New Motor Voter Program.end insert

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

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 this provision. By requiring community colleges to provide a higher level of service, the bill would impose a state-mandated local program.

begin insert

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 submits an application for a driver’s license or identification card or who provides the department with a change of address. The person’s motor vehicle records will then constitute a completed affidavit of registration and the person will be registered to vote, except as specified.

end insert
begin insert

This bill would require the Secretary of State, if he or she receives from the Department of Motor Vehicle the records of a person who is currently registered to vote, to use the information in the records to update the voter’s registration information. If the Secretary of State does not receive information for the voter for which space is provided on the affidavit of registration, but that information was provided in the voter’s previous affidavit of registration, this bill would require the information from the voter’s previous affidavit of registration to remain part of the voter’s record.

end 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.

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.

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

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

P3    1

SECTION 1.  

It is the intent of the Legislature, in enacting
2begin insert Section 2 ofend insert this act, to take preliminary measures towards the
3establishment of an automatic voter registration system for
4California citizens enrolled at state public college and university
5campuses.

6

SEC. 2.  

Section 2147 is added to the Elections Code, to read:

7

2147.  

No later than July 1, 2018, the California State University
8and the California Community Colleges shall implement a process
9and the infrastructure to allow a person who enrolls online at the
10institution to submit an affidavit of voter registration electronically
11on the Internet Web site of the Secretary of State in accordance
12with Chapter 2.5 (commencing with Section 2196). The University
13of California is encouraged to coordinate with the Secretary of
14State pursuant to this section.

15begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 2265 of the end insertbegin insertElections Codeend insertbegin insert is amended to read:end insert

16

2265.  

(a)  The records of a person designated in paragraph (1)
17of subdivision (b) of Section 2263 shall constitute a completed
18affidavit of registration and the Secretary of State shall register
19the person to vote, unless any of the following conditions is
20satisfied:

21(1) The person’s records, as described in Section 2263, reflect
22that he or she affirmatively declined to become registered to vote
23during a transaction with the Department of Motor Vehicles.

24(2) The person’s records, as described in Section 2263, do not
25reflect that he or she has attested to meeting all voter eligibility
26requirements specified in Section 2101.

27(3) The Secretary of State determines that the person is ineligible
28to vote.

29(b) If a person who is registered to vote pursuant to this chapter
30does not provide a party preference, his or her party preference
31shall be designated as “Unknown” on a voter registration index
32under Article 5 (commencing with Section 2180) of Chapter 2,
33and he or she shall otherwise be treated as a “No Party Preference”
34voter.

begin insert

35
(c) If the Secretary of State receives from the Department of
36Motor Vehicles pursuant to paragraph (1) of subdivision (b) of
37Section 2263 the records of a person who is currently registered
38to vote, the Secretary of State shall use the information in the
P4    1records to update the voter’s registration information. If the
2Secretary of State does not receive information for the voter
3pursuant to paragraph (1) of subdivision (b) of Section 2263 for
4which space is provided on the affidavit of registration, but that
5information was provided in the voter’s previous affidavit of
6registration, the information from the voter’s previous affidavit of
7registration shall remain part of the voter’s record.

end insert
8

begin deleteSEC. 3.end delete
9
begin insertSEC. 4.end insert  

If the Commission on State Mandates determines that
10this act contains costs mandated by the state, reimbursement to
11local agencies and school districts for those costs shall be made
12pursuant to Part 7 (commencing with Section 17500) of Division
134 of Title 2 of the Government Code.



O

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