BILL NUMBER: AB 2455 AMENDED
BILL TEXT
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
INTRODUCED BY Assembly Members Chiu and Bonta
(Coauthor: Assembly Member Gonzalez)
FEBRUARY 19, 2016
An act to amend Section 2265 of, and to add Section
2147 to to, the Elections Code,
relating to voter registration.
LEGISLATIVE COUNSEL'S DIGEST
AB 2455, as amended, Chiu. Electronic voter
Voter registration: public postsecondary educational
institutions. : institutions: California New
Motor Voter Program.
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.
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.
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.
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:
SECTION 1. It is the intent of the Legislature, in enacting
Section 2 of this act, to take preliminary measures towards the
establishment of an automatic voter registration system for
California citizens enrolled at state public college and university
campuses.
SEC. 2. Section 2147 is added to the Elections Code, to read:
2147. No later than July 1, 2018, the California State University
and the California Community Colleges shall 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 in
accordance with Chapter 2.5 (commencing with Section 2196). The
University of California is encouraged to coordinate with the
Secretary of State pursuant to this section.
SEC. 3. Section 2265 of the Elections
Code is amended to read:
2265. (a) The records of a person designated in paragraph (1) of
subdivision (b) of Section 2263 shall constitute a completed
affidavit of registration and the Secretary of State shall register
the person to vote, unless any of the following conditions is
satisfied:
(1) The person's records, as described in Section 2263, reflect
that he or she affirmatively declined to become registered to vote
during a transaction with the Department of Motor Vehicles.
(2) The person's records, as described in Section 2263, do not
reflect that he or she has attested to meeting all voter eligibility
requirements specified in Section 2101.
(3) The Secretary of State determines that the person is
ineligible to vote.
(b) 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" on a voter registration index under
Article 5 (commencing with Section 2180) of Chapter 2, and he or she
shall otherwise be treated as a "No Party Preference" voter.
(c) If the Secretary of State receives from the Department of
Motor Vehicles pursuant to paragraph (1) of subdivision (b) of
Section 2263 the records of a person who is currently registered to
vote, the Secretary of State shall 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 pursuant to
paragraph (1) of subdivision (b) of Section 2263 for which space is
provided on the affidavit of registration, but that information was
provided in the voter's previous affidavit of registration, the
information from the voter's previous affidavit of registration shall
remain part of the voter's record.
SEC. 3. SEC. 4. If the Commission on
State Mandates determines that this act contains 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.