Bill Text: CA SB35 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Voter registration agencies.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2012-09-24 - Chaptered by Secretary of State. Chapter 505, Statutes of 2012. [SB35 Detail]

Download: California-2011-SB35-Amended.html

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BILL NUMBER: SB 35	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 6, 2012
	AMENDED IN ASSEMBLY  JUNE 27, 2012
	AMENDED IN ASSEMBLY  JUNE 21, 2012
	AMENDED IN ASSEMBLY  JULY 11, 2011
	AMENDED IN ASSEMBLY  JUNE 20, 2011
	AMENDED IN SENATE  MAY 31, 2011
	AMENDED IN SENATE  APRIL 26, 2011

INTRODUCED BY   Senator Padilla

                        DECEMBER 6, 2010

   An act to add Chapter 6 (commencing with Section 2400) to Division
2 of the Elections Code, relating to voter registration.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 35, as amended, Padilla. Voter registration agencies.
   Existing law, the federal National Voter Registration Act of 1993,
requires each state to establish procedures to register voters by
application in person at certain federal, state, or nongovernmental
agencies designated by state law as voter registration agencies.
   This bill would establish procedures to register voters in
accordance with the act. This bill would designate specified agencies
and offices as voter registration agencies and would require those
voter registration agencies to perform specified tasks related to
voter registration. This bill would require the Secretary of State
and county elections officials to coordinate with the voter
registration agencies, as specified.
   By requiring additional duties of county elections officials and
local agencies, this bill would impose a state-mandated local
program.
   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.  Chapter 6 (commencing with Section 2400) is added to
Division 2 of the Elections Code, to read:
      CHAPTER 6.  VOTER REGISTRATION AGENCIES


   2400.  It is the intent of the Legislature, in enacting this
chapter, to facilitate compliance with the requirements set forth in
the federal National Voter Registration Act of 1993 (42 U.S.C. Sec.
1973gg et seq.) relating to voter registration services.
   2401.  For purposes of this chapter, the following terms have the
following meanings: 
   (a) "Agency coordinator" means a person designated by a voter
registration agency to coordinate and administer the voter
registration agency's responsibilities under this chapter and the
federal National Voter Registration Act of 1993 (42 U.S.C. Sec.
1973gg et seq.).  
   (b) "County coordinator" means a person designated by a county
elections official to coordinate and administer the county's
responsibilities under this chapter and the federal National Voter
Registration Act of 1993 (42 U.S.C. Sec. 1973gg et seq.). 

   (c) "State coordinator" means a person designated by the Secretary
of State to coordinate and administer the Secretary of State's
responsibilities under this chapter and the federal National Voter
Registration Act of 1993 (42 U.S.C. Sec. 1973gg et seq.). 

   (d) 
    (a)  "Voter preference form" means the form described in
Section 1973gg-5(a)(6)(B) of Title 42 of the United States Code.

   (e) 
    (b)  "Voter registration agency" means either of the
following:
   (1) A department, division, or office of state or local
government, or a program supported by state funds, that is designated
under this chapter  , by executive order of the Governor, 
or pursuant to the federal National Voter Registration Act of 1993
(42 U.S.C. Sec. 1973gg et seq.) as a voter registration agency.
   (2) A private entity under contract with a designated voter
registration agency to provide services or assistance on behalf of
the designated voter registration agency.
   2402.  (a) The Secretary of State is the chief state elections
official responsible for coordination of the state's responsibilities
under the federal National Voter Registration Act of 1993 (42 U.S.C.
Sec. 1973gg et seq.).
   (b) The Secretary of State shall adopt such regulations as are
necessary to implement this chapter and the federal National Voter
Registration Act of 1993 (42 U.S.C. Sec. 1973gg et seq.).
   2403.  (a) In addition to the agencies and offices designated as
voter registration agencies pursuant to Executive Order W-98-94,
issued August 12, 1994, and the federal National Voter Registration
Act of 1993 (42 U.S.C. Sec. 1973gg et seq.), each of the following is
hereby designated a voter registration agency:
   (1) California Department of Aging.
   (2) California Health Benefit Exchange.
   (3) Department of Veterans Affairs.
   (4) Employment Development Department.
   (5) Franchise Tax Board.
   (6) Office of AIDS.
   (7) State Board of Equalization.
   (8) State Emergency Food Assistance Program.
   (9) State Personnel Board.
   (10) Each office in the state that accepts applications and
administers benefits or services for any of the following programs:
   (A) Access for Infants and Mothers Program.
   (B) Community-based adult services provided pursuant to the
California Adult Day Health Care Act (Chapter 3.3 (commencing with
Section 1570) of Division 2 of the Health and Safety Code). 
   (C) Healthy Families Program.  
   (D) 
    (C)  Health Insurance Counseling and Advocacy Program.

   (E) 
    (D)  Multipurpose Senior Services Program.
   (11) Each high school, trade or vocational school, and campus of
the California Community Colleges and the California State
University.
   (b) The University of California is encouraged to comply with the
duties and responsibilities of a voter registration agency as set
forth in this chapter and the federal National Voter Registration Act
of 1993 (42 U.S.C. Sec. 1973gg et seq.).
   2404.  (a) A voter registration agency shall comply with the
applicable duties and responsibilities of a voter registration agency
set forth in the federal National Voter Registration Act of 1993 (42
U.S.C. Sec. 1973gg et seq.).
   (b) A voter registration agency, with each application for service
or assistance and with each recertification, renewal, or change of
address form relating to the service or assistance, and in accordance
with the federal National Voter Registration Act of 1993 (42 U.S.C.
Sec. 1973gg et seq.), shall provide to an applicant  both
  all  of the following:
   (1) A voter preference form.
   (2) A voter registration card, unless the applicant, in writing,
declines to register to vote. 
   (3) Assistance in completing the voter registration card, unless
the applicant refuses the assistance. 
   (c) For purposes of  paragraph (2) of 
subdivision (b), an applicant's failure to respond to the question of
whether he or she would like to register to vote does not constitute
a declination to register.
   2405.  (a) The Secretary of State shall  designate a state
officer or employee within his or her office to be the state
coordinator. 
    (b)     The state
coordinator shall  do all of the following:
   (1) Coordinate with each county  coordinator 
 elections official  and  voter registration 
agency  coordinator  to implement this chapter.

   (2) Post the name of, and contact information for, each county
coordinator on the Secretary of State's Internet Web site. 

   (3)  
    Notify the county coordinator in each county of the name of each
voter registration agency with an office or site within that county
and the location of each office or site.  
   (4) 
    (2)  Prepare written  training  materials that
describe the responsibilities of a county  coordinator and an
agency coordinator   elections official and voter
registration agency  pursuant to this chapter and the federal
National Voter Registration Act of 1993 (42 U.S.C. Sec. 1973gg et
seq.). 
   (3) Contact a voter registration agency if the agency fails to
timely submit a report pursuant to Section 2408, or if a report
indicates that the agency is not complying with the requirements of
this chapter and the federal National Voter Registration Act of 1993
(42 U.S.C. Sec. 1973gg et seq.).  
   (4) Coordinate with each state agency that evaluates the
performance of an agency designated as a voter registration agency,
including doing both of the following:  
   (A) Communicate to the state agency the requirements of, and best
practices for complying with, this chapter and the federal National
Voter Registration Act of 1993 (42 U.S.C. Sec. 1973gg et seq.). 

   (B) Assist the state agency in its effort to help a voter
registration agency comply with the requirements of this chapter or
the federal National Voter Registration Act of 1993 (42 U.S.C. Sec.
1973gg et seq.).  
   (b) The Secretary of State may do any of the following: 

   (5) 
    (1)  Conduct  an audit   a review
 of a voter registration  agency   agency's
compliance with the requirements of this chapter   or the
federal National Voter Registration Act of 1993 (42 U.S.C. Sec.
1973gg et seq.)  if the agency fails to timely submit a report
pursuant to Section 2408, or if a report indicates that the agency is
not complying with the requirements of this chapter or the federal
National Voter Registration Act of 1993 (42 U.S.C. Sec. 1973gg et
seq.). 
   (6) 
    (2)  Conduct  an audit   a review
 of a county  coordinator   elections
official's compliance with the requirements of this chapter or the
federal National Voter Registration Act of 1993 (42 U.S.C. Sec.
1973gg et seq.)  if the county  coordinator 
 elections official  fails to timely submit a report
pursuant to Section 2408, or if a report indicates that the county
 coordinator   elections official  is not
complying with the requirements of this chapter or the federal
National Voter Registration Act of 1993 (42 U.S.C. Sec. 1973gg et
seq.). 
   (7) 
    (3)  Post the results of  an audit 
 a review  conducted pursuant to  paragraph (5) or
(6)   this subdivision  on the Secretary of State's
Internet Web site.
   2406.  (a) A county elections official  shall designate a
person within the county to serve as the county coordinator. The
county coordinator  shall be responsible for coordinating
with the  state coordinator   Secretary of State
 and each applicable  voter registration  agency
 coordinator  within the county to administer the
voter registration services required pursuant to this chapter and the
federal National Voter Registration Act of 1993 (42 U.S.C. Sec.
1973gg et seq.).
   (b) The county  coordinator   elections
official  shall do all of the following:
   (1) Provide voter registration cards to a voter registration
agency upon request of the  voter registration  agency
 coordinator  .
   (2) Maintain a record of the number of voter registration cards
provided to and received from each voter registration agency, and
each office or site thereof.
   (3) Assist a voter registration agency, upon request, in
conducting a training program for its employees  based on the
training materials prepared by the Secretary of State on the
requirements of this chapter and the federal National Voter
Registration Act of 1993 (42 U.S.C. Sec. 1973gg et seq.).
   2407.  (a) A voter registration agency shall  designate a
person within that agency to serve as the agency coordinator. If the
voter registration agency has more than one office or site within the
state, the agency may designate multiple persons within the agency
to each serve as an agency coordinator for one or more specified
offices or sites. 
    (b)     An agency
coordinator shall  do all of the following:
   (1) Notify the  state coordinator  county
elections official of each applicable county  of the location of
each of the voter registration agency's offices or sites within the
 state   county  . 
   (2) Designate an agency employee to be responsible for the agency'
s compliance with this section.  
   (2) 
    (3)  Request voter registration cards from  a
  the applicable  county  coordinator
  elections official  , as needed. 
   (3) 
    (4)  Take steps to ensure that the voter registration
agency,  or   and  each office or site
 of the voter registration agency for which the agency
coordinator has been designated  thereof  , has a
sufficient supply of voter preference forms and voter registration
cards available, including voter preference forms and voter
registration cards in all languages required by Section 203 (42
U.S.C. Sec. 1973aa-1a) or Section 4(f)(4) (42 U.S.C. Sec. 1973b(f)
(4)) of the federal Voting Rights Act of 1965. 
   (4) Maintain records of the number of voter preference forms
submitted to the voter registration agency, or each office or site of
the voter registration agency for which the agency coordinator has
been designated, and the responses indicated on those voter
preference forms.  
   (5) Conduct a training program on the requirements of this chapter
and the federal National Voter Registration Act of 1993 (42 U.S.C.
Sec. 1973gg et seq.) for each employee of the voter registration
agency, or of the office or site of the voter registration agency for
which the agency coordinator has been designated, who may provide
voter registration services.  
   (6) Monitor and, if necessary, conduct an audit of the voter
registration agency, or each office or site of the voter registration
agency for which the agency coordinator has been designated, as
necessary, to ensure compliance with this chapter and the federal
National Voter Registration Act of 1993 (42 U.S.C. Sec. 1973gg et
seq.).  
   (c) Each time there is a change in an agency coordinator, the
voter registration agency shall immediately forward the name and
contact information of the new agency coordinator to each applicable
county coordinator and the state coordinator.  
   (5) Ensure that each employee of the voter registration agency who
may provide voter registration services completes, at least once per
year, a training based on the training materials prepared by the
Secretary of State on the requirements of this chapter and the
federal National Voter Registration Act of 1993 (42 U.S.C. Sec.
1973gg et seq.). The voter registration agency may incorporate this
training into any other training program provided by the voter
registration agency for its employees.  
   (b) A voter registration agency may conduct a review of the
agency, or an office or site of the agency, as necessary, to ensure
compliance with this chapter and the federal National Voter
Registration Act of 1993 (42 U.S.C. Sec. 1973gg et seq.). 
   2408.  (a) Within 10 days after the beginning of each calendar
month, a county  coordinator   elections
official  shall report to the  state coordinator
  Secretary of State  , on a form prescribed by the
Secretary of State, all of the following information for the
preceding month:
   (1) The number of voter registration cards sent to each voter
registration agency and to each office or site thereof.
   (2) The number of voter registration cards received from each
voter registration agency and from each office or site thereof.

   (b) Within 10 days after the beginning of each calendar month, an
agency coordinator shall report to the state coordinator, on a form
prescribed by the Secretary of State, and to each applicable county
coordinator all of the following information for the preceding month:
 
   (1) The number of voter preference forms completed by applicants
at the voter registration agency, or at an office or site thereof.
 
   (2) A summary of the responses indicated on the voter preference
forms.  
   (c) 
    (b)  The  state coordinator  
Secretary of State  shall post the information contained in each
report received from a county  coordinator or an agency
coordinator   elections official  on the Secretary
of State's Internet Web site.
   2409.  (a) A voter registration agency that allows a person to
apply online for service or assistance, or to submit a
recertification, renewal, or change of address form relating to the
service or assistance online, shall implement a process and
infrastructure that allows an applicant to electronically submit a
voter preference form to the voter registration agency, and 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 state coordinator shall
work in conjunction with each voter registration agency to develop
this process and infrastructure. 
   (b) If a person indicates on his or her electronic voter
preference form that he or she would like to register to vote, the
person shall be informed that he or she may register to vote through
one of the following options, if applicable:
   (1) Submit an affidavit of voter registration electronically on
the Secretary of State's Internet Web site pursuant to subdivision
(a) of Section 2196.
   (2) Complete an 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 pursuant to subdivision (d) of Section
2196.
   (3) Obtain a voter registration card on a county's Internet Web
site and print, complete, sign, and return the card to the county
elections official pursuant to subdivision (d) of Section 2158.

   (4) Request a voter registration card be mailed to him or her
pursuant to subdivision (c) of Section 2158, and complete, sign, and
return the card as instructed. 
   (c) A voter registration agency  shall   may
 take steps to ensure that the information entered into a person'
s electronic application for service or assistance, or his or her
electronic recertification, renewal, or change of address form
relating to the service or assistance, will be automatically
transferred to the electronic affidavit of voter registration if the
person indicates that he or she would like to register to vote.
   (d) The Secretary of State shall take steps to ensure that the
electronic affidavit of voter registration is available  , and
may be electronically submitted and verified,  in all languages
 in which a county is  required  by  
to provide voting materials pursuant to  Section 203 (42 U.S.C.
Sec. 1973aa-1a) or Section 4(f)(4) (42 U.S.C. Sec. 1973b(f)(4)) of
the federal Voting Rights Act of 1965.
  SEC. 2.  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.