Amended  IN  Senate  March 26, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 1316

Introduced by Senator Moorlach
(Principal coauthor: Senator Bates)
(Coauthor: Senator Roth)

February 21, 2020

An act to amend Section 18500 of add Section 2195 to the Elections Code, relating to elections. voter registration.


LEGISLATIVE COUNSEL'S DIGEST


SB 1316, as amended, Moorlach. Elections: fraud. Voter registration database: interstate exchange of voter registration information.
Existing law requires the Secretary of State to establish a statewide system to facilitate removal of duplicate or prior voter registrations, to facilitate the reporting of election results and voter and candidate information, and to otherwise administer and enhance election administration. Existing law also requires that certain affidavit of voter registration information be provided to, among others, any person for election, scholarly, journalistic, or political purposes, or for governmental purposes, as determined by the secretary.
This bill would require the Secretary of State, beginning January 1, 2023, to enter into agreements to share information or data in the possession of the secretary or other state agencies, as deemed necessary by the secretary, with other states or groups of states in order to improve the accuracy of the statewide voter registration database, as specified, and would require all state agencies to timely provide the secretary with the requested information or data. The bill would require the Secretary of State to apply for membership with the Electronic Registration Information Center and ensure that any confidential information or data provided by another state or a state agency remains confidential while in the official’s possession, and would authorize the secretary to transmit confidential information or data pursuant to those agreements. The bill would also authorize the Secretary of State to adopt regulations necessary to implement these provisions.

Existing law makes it a crime for a person to commit or aid in fraud regarding the casting of a ballot in an election.

This bill would make nonsubstantive changes to these provisions.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 (a) The Legislature finds and declares that it is within the current authority of the executive branch administration to implement the state’s membership with the Electronic Registration Information Center.
(b) Therefore, it is the intent of the Legislature to require the state to implement membership with of the Electronic Registration Information Center.

SEC. 2.

 Section 2195 is added to the Elections Code, to read:

2195.
 (a) (1) The Secretary of State shall enter into agreements to share information or data in the possession of the Secretary of State or other state agencies, as deemed necessary by the Secretary of State, with other states or groups of states in order to improve the accuracy of the statewide voter registration database described in subdivision (b) of Section 2187, in accordance with paragraph (2).
(2) All state agencies shall timely provide the Secretary of State with the data requested pursuant to paragraph (1).
(b) The Secretary of State shall apply for membership with the Electronic Registration Information Center. If the membership application is approved, the Secretary of State shall execute a membership agreement with the Electronic Registration Information Center on behalf of the state.
(c) The Secretary of State shall ensure that any confidential information or data provided to the Secretary of State by another state or a state agency remains confidential while in the official’s possession.
(d) Notwithstanding subdivision (c) of Section 6254.4 of the Government Code, paragraph (1) of subdivision (b) of Section 2194, or any other law, the Secretary of State may provide confidential information or data to persons or organizations pursuant to an agreement entered into under this section.
(e) The Secretary of State may adopt regulations necessary to implement this section.
(f) This section shall become operative on January 1, 2023.

SECTION 1.Section 18500 of the Elections Code is amended to read:
18500.

A person who commits fraud or attempts to commit fraud, and a person who aids or abets fraud or attempts to aid or abet fraud, in connection with a vote cast, to be cast, or attempted to be cast, is guilty of a felony, punishable by imprisonment for 16 months or two or three years.