Bill Text: CA AB1461 | 2015-2016 | Regular Session | Chaptered
Bill Title: Voter registration: California New Motor Voter Program.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Passed) 2015-10-10 - Chaptered by Secretary of State - Chapter 729, Statutes of 2015. [AB1461 Detail]
Download: California-2015-AB1461-Chaptered.html
BILL NUMBER: AB 1461 CHAPTERED
BILL TEXT
CHAPTER 729
FILED WITH SECRETARY OF STATE OCTOBER 10, 2015
APPROVED BY GOVERNOR OCTOBER 10, 2015
PASSED THE SENATE SEPTEMBER 10, 2015
PASSED THE ASSEMBLY SEPTEMBER 11, 2015
AMENDED IN SENATE SEPTEMBER 4, 2015
AMENDED IN SENATE AUGUST 31, 2015
AMENDED IN SENATE JUNE 23, 2015
AMENDED IN ASSEMBLY MAY 5, 2015
AMENDED IN ASSEMBLY APRIL 20, 2015
AMENDED IN ASSEMBLY APRIL 6, 2015
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Members Gonzalez, Alejo, and McCarty
(Principal coauthor: Senator Lara)
(Coauthors: Assembly Members Eduardo Garcia and Mullin)
FEBRUARY 27, 2015
An act to amend Sections 2100 and 2102 of, and to add Chapter 4.5
(commencing with Section 2260) to Division 2 of the Elections Code,
relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 1461, Gonzalez. Voter registration: California New Motor Voter
Program.
Existing law, the federal National Voter Registration Act of 1993,
requires a state to, among other things, establish procedures to
register a person to vote by application made simultaneously with an
application for a new or renewal of a motor vehicle driver's license.
The federal act requires the motor vehicle driver's license
application to serve as an application for voter registration with
respect to an election for federal office, unless the applicant fails
to sign the application, and requires the application to be
considered as updating the applicant's previous voter registration,
if any. The federal act defines "motor vehicle driver's license" to
include any personal identification document issued by a state motor
vehicle authority.
Under existing state law, a person may not be registered to vote
except by affidavit of registration. Existing law requires a properly
executed affidavit of registration to be deemed effective upon
receipt of the affidavit by the county elections official if the
affidavit is submitted to the Department of Motor Vehicles on or
before the 15th day before the election. Existing state law requires
the Department of Motor Vehicles and the Secretary of State to
develop a process and the infrastructure to allow a person who is
qualified to register to vote in the state to register to vote
online.
Existing law requires the Department of Motor Vehicles to issue
driver's licenses and state identification cards to applicants who
meet specified criteria and provide the department with the required
information. Existing law generally requires an applicant for an
original driver's license or state identification card to submit
satisfactory proof to the department that the applicant's presence in
the United States is authorized under federal law.
This bill would require the Secretary of State and the Department
of Motor Vehicles to establish the California New Motor Voter Program
for the purpose of increasing opportunities for voter registration
by any person who is qualified to be a voter. Under the program,
after the Secretary of State certifies that certain enumerated
conditions are satisfied, the Department of Motor Vehicles would be
required to electronically provide to the Secretary of State the
records of each person who is issued an original or renewal of a
driver's license or state identification card or who provides the
department with a change of address, as specified. The person's motor
vehicle records would then constitute a completed affidavit of
registration and the person would be registered to vote, unless the
person affirmatively declined to be registered to vote during a
transaction with the department, the department did not represent to
the Secretary of State that the person attested that he or she meets
all voter eligibility requirements, as specified, or the Secretary of
State determines that the person is ineligible to vote. The bill
would require the Secretary of State to adopt regulations to
implement this program, as specified.
Under existing law, the willful, unauthorized disclosure of
information from a Department of Motor Vehicles record to any person,
or the use of any false representation to obtain information from a
department record or any use of information obtained from any
department record for a purpose other than the one stated in the
request or the sale or other distribution of the information to a
person or organization for purposes not disclosed in the request is a
misdemeanor, punishable by a fine not exceeding $5,000 or by
imprisonment in the county jail not exceeding one year, or both fine
and imprisonment.
This bill would provide that disclosure of information contained
in the records obtained from the Department of Motor Vehicles
pursuant to the California New Motor Voter Program is a misdemeanor,
punishable by a fine not exceeding $5,000 or by imprisonment in the
county jail not exceeding one year, or both fine and imprisonment. By
creating a new crime, this bill would impose a state-mandated local
program.
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.
That act specifies the situations in which disclosure is permissible
and also specifies the manner in which agencies must account for
disclosures of personal information, including those due to security
breaches, among other provisions.
This bill would require the Secretary of State to establish
procedures to safeguard the confidentiality of information acquired
from the Department of Motor Vehicles pursuant to the California New
Motor Voter Program and would state that the provisions of the
Information Practices Act of 1977 govern disclosures pursuant to the
program.
Existing law makes it a crime for a person to willfully cause,
procure, or allow himself or herself or any other person to be
registered as a voter, knowing that he or she or that other person is
not entitled to registration. Existing law also makes it a crime to
fraudulently vote or attempt to vote.
This bill would provide that if a person who is ineligible to vote
becomes registered to vote by operation of the California New Motor
Voter Program in the absence of a violation by that person of the
crime described above, that person's registration shall be presumed
to have been effected with official authorization and not the fault
of that person. The bill would also provide that if a person who is
ineligible to vote becomes registered to vote by operation of this
program, and that person 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 is not guilty of fraudulently voting or attempting to vote,
unless that person willfully votes or attempts to vote knowing that
he or she is not entitled to vote.
This bill would also make conforming changes.
This bill would incorporate additional changes to Section 2102 of
the Elections Code, proposed by SB 589, that would become operative
only if SB 589 and this bill are both chaptered and become effective
on or before January 1, 2016, and this bill is chaptered last.
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 no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2100 of the Elections Code is amended to read:
2100. A person shall not be registered except as provided in this
chapter or Chapter 4.5, except upon the production and filing of a
certified copy of a judgment of the superior court directing
registration to be made.
SEC. 2. Section 2102 of the Elections Code, as amended by Section
6.5 of Chapter 909 of the Statutes of 2014, is amended to read:
2102. (a) Except as provided in Chapter 4.5, a person shall not
be registered as a voter except by affidavit of registration. The
affidavit 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 registration shall be deemed
effective upon receipt of the affidavit by the county elections
official if received on or before the 15th day prior to an election
to be held in the registrant's precinct. A properly executed
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 prior to
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. 20501 et seq.) on or before the
15th day prior to the election.
(3) The affidavit is delivered to the county elections official by
means other than those described in paragraph (1) and (2) on or
before the 15th day prior to 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 prior to 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 prior to
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
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 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.
SEC. 2.5. Section 2102 of the Elections Code, as amended by
Section 6.5 of Chapter 909 of the Statutes of 2014, is amended to
read:
2102. (a) Except as provided in Chapter 4.5, 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.
SEC. 3. Chapter 4.5 (commencing with Section 2260) is added to
Division 2 of the Elections Code, to read:
CHAPTER 4.5. CALIFORNIA NEW MOTOR VOTER PROGRAM
2260. This chapter shall be known and may be cited as the
California New Motor Voter Program.
2261. The Legislature finds and declares all of the following:
(a) Voter registration is one of the biggest barriers to
participation in our democracy.
(b) In 1993, Congress enacted the federal National Voter
Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.), commonly
known as the "Motor Voter Law," with findings recognizing that the
right of citizens to vote is a fundamental right; it is the duty of
federal, state, and local governments to promote the exercise of the
right to vote; and the primary purpose of the act is to increase the
number of eligible citizens who register to vote.
(c) It is the intent of the Legislature to enact the California
New Motor Voter Program to provide California citizens additional
opportunities to participate in democracy through exercise of their
fundamental right to vote.
2262. (a) The Secretary of State and the Department of Motor
Vehicles shall establish the California New Motor Voter 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.
(b) This chapter shall not be construed as requiring the
Department of Motor Vehicles to determine eligibility for voter
registration and voting. The Secretary of State is solely responsible
for determining eligibility for voter registration and voting.
2263. (a) The Department of Motor Vehicles, in consultation with
the Secretary of State, shall establish a schedule and method for the
department to electronically provide to the Secretary of State the
records specified in this section.
(b) (1) The department shall provide to the Secretary of State, in
a manner and method to be determined by the department in
consultation with the Secretary of State, the following information
associated with each person who submits an application for a driver's
license or identification card pursuant to Section 12800, 12815, or
13000 of the Vehicle Code, or who notifies the department of a change
of address pursuant to Section 14600 of the Vehicle Code:
(A) Name.
(B) Date of birth.
(C) Either or both of the following, as contained in the
department's records:
(i) Residence address.
(ii) Mailing address.
(D) Digitized signature, as described in Section 12950.5 of the
Vehicle Code.
(E) Telephone number, if available.
(F) Email address, if available.
(G) Language preference.
(H) Political party preference.
(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 a transaction with the department.
(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) (A) The department 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 (e) of
this section 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 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).
(c) The Secretary of State shall not sell, transfer or allow any
third party access to the information acquired from the Department of
Motor Vehicles pursuant to this chapter without approval of the
department, except as permitted by this chapter and Section 2194.
(d) The department shall not electronically provide records of a
person who applies for or is issued a driver's license pursuant to
Section 12801.9 of the Vehicle Code because he or she is unable to
submit satisfactory proof that his or her presence in the United
States is authorized under federal law.
(e) The Department of Motor Vehicles 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
Secretary of State and the Department of Motor Vehicles to implement
and maintain the California New Motor Voter Program.
(3) The regulations required by Section 2270 have been adopted.
(f) The Department of Motor Vehicles shall not electronically
provide records pursuant to this section that contain a home address
designated as confidential pursuant to Section 1808.2, 1808.4, or
1808.6 of the Vehicle Code.
2264. (a) The willful, unauthorized disclosure of information
obtained from the Department of Motor Vehicles pursuant to Section
2263 to any person, or 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 2263, 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.
(b) The Secretary of State shall establish procedures to protect
the confidentiality of the information acquired from the Department
of Motor Vehicles pursuant to Section 2263. 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.
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) (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.
2266. 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.
2267. This chapter does not affect the confidentiality of a
person's voter registration information, which remains confidential
pursuant to Section 2194 of this code 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.
2268. 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.
2269. 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.
2270. 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 California New
Motor Voter Program in the absence of any violation by that person of
Section 18100.
(b) An education and outreach campaign informing voters about the
California New Motor Voter Program that the Secretary of State will
conduct to implement this chapter. The Secretary 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).
SEC. 4. Section 2.5 of this bill incorporates amendments to
Section 2102 of the Elections Code, as amended by Section 6.5 of
Chapter 909 of the Statutes of 2014, proposed by both this bill and
Senate Bill 589. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2016, (2) each
bill amends Section 2102 of the Elections Code, as amended by Section
6.5 of Chapter 909 of the Statutes of 2014, and (3) this bill is
enacted after Senate Bill 589, in which case Section 2 of this bill
shall not become operative.
SEC. 5. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because 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.
