Senate Bill No. 129

Introduced by Senator Anderson

January 21, 2015

An act to amend Section 2196 of the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

SB 129, as introduced, Anderson. Online voter registration.

Under existing law, operative when the Secretary of State certifies that the state has a statewide voter registration database that complies with the requirements of the federal Help America Vote Act of 2002 or executes a declaration stating that certain conditions have occurred, a person who is qualified to register to vote and who has a valid California driver’s license or state identification card is authorized to submit an affidavit of voter registration electronically on the Internet Web site of the Secretary of State.

This bill would make technical, nonsubstantive changes to those provisions.

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

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

SECTION 1.  

Section 2196 of the Elections Code is amended
to read:

2196.  

(a) (1) Notwithstanding any other provision of law, a
person who is qualified to register to vote and who has a valid
California driver’s license or state identification card may submit
an affidavit of voter registration electronically on the Internet Web
site of the Secretary of State.

(2) An affidavit submitted pursuant to this section is effective
upon receipt of the affidavit by the Secretary of State if the affidavit
is received on or before the last day to register for an election to
be held in the precinct of the person submitting the affidavit.

(3) The affiant shall affirmatively attest to the truth of the
information provided in the affidavit.

(4) For voter registration purposes, the applicant shall
affirmatively assent to the use of his or her signature from his or
her driver’s license or state identification card.

(5) For each electronic affidavit, the Secretary of State shall
obtain an electronic copy of the applicant’s signature from his or
her driver’s license or state identification card directly from the
Department of Motor Vehicles.

(6) The Secretary of State shall require a person who submits
an affidavit pursuant to this section to submit all of the following:

(A) The number from his or her California driver’s license or
state identification card.

(B) His or her date of birth.

(C) The last four digits of his or her social security number.

(D) Any other information the Secretary of State deems
necessary to establish the identity of the affiant.

(7) Upon submission of an affidavit pursuant to this section, the
electronic voter registration system shall provide for immediate
verification of both of the following:

(A) That the applicant has a California driver’s license or state
identification card and that the number for that driver’s license or
identification card provided by the applicant matches the number
for that person’s driver’s license or identification card that is on
file with the Department of Motor Vehicles.

(B) That the date of birth provided by the applicant matches the
date of birth for that person that is on file with the Department of
Motor Vehicles.

(8) The Secretary of State shall begin delete employ end delete begin insert use end insert security measures
to ensure the accuracy and integrity of voter registration affidavits
submitted electronically pursuant to this section.

(b) The Department of Motor Vehicles shall begin delete utilize end delete begin insert use end insert the
electronic voter registration system required by this section to
comply with its duties and responsibilities as a voter registration
agency pursuant to the federal National Voter Registration Act of
1993 (42 U.S.C. Sec. 1973gg et seq.).

(c) The Department of Motor Vehicles and the Secretary of
State shall develop a process and the infrastructure to allow the
electronic copy of the applicant’s signature and other information
required under this section that is in the possession of the
department to be transferred to the Secretary of State and to the
county election management systems to allow a person who is
qualified to register to vote in California to register to vote under
this section.

(d) If an applicant cannot electronically submit the information
required pursuant to paragraph (6) of subdivision (a), he or she
shall nevertheless be able to complete the affidavit of voter
registration electronically on the Secretary of State’s Internet Web
site, print a hard copy of the completed affidavit, and mail or
deliver the hard copy of the completed affidavit to the Secretary
of State or the appropriate county elections official.

(e) This chapter shall become operative upon the date that either
of the following occurs:

(1) The Secretary of State certifies that the state has a statewide
voter registration database that complies with the requirements of
the federal Help America Vote Act of 2002 (42 U.S.C. Sec. 15301
et seq.).

(2) The Secretary of State executes a declaration stating that all
of the following conditions have occurred:

(A) The United States Election Assistance Commission has
approved the use of the federal Help America Vote Act of 2002
(42 U.S.C. Sec. 15301) funding to provide online voter registration
in advance of the deployment of the statewide voter registration
database or other federal funding is available and approved for the
same purpose.

(B) The Department of Motor Vehicles and the Secretary of
State have developed a process and the infrastructure necessary
to implement paragraph (5) of subdivision (a).

(C) All county election management systems have been modified
to receive and store electronic voter registration information
received from the Secretary of State in order to allow a person
who is qualified to register to vote in California to register to vote
under this section.

(f) For purposes of implementing this chapter as expeditiously
as possible, if it becomes operative pursuant to paragraph (2) of
subdivision (e), the Secretary of State’s office shall be exempt
from information technology requirements included in Sections
11545, 11546, and 11547 of the Government Code and Section
12100 of the Public Contract Code, and from information
technology project and funding approvals included in any other
provision of law.