Bill Text: CA AB1461 | 2015-2016 | Regular Session | Amended

California Assembly Bill 1461 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Amended.html
BILL NUMBER: AB 1461	AMENDED
	BILL TEXT

	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
   (  Coauthor:   Assembly Member 
 Eduardo Garcia   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, as amended, Gonzalez. Voter  registration.
  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 the state has a statewide
voter registration database that complies with the requirements of
the federal Help America Vote Act, the Department of Motor Vehicles
would be required to electronically provide to the Secretary of State
the records of each person who  , on or after January 1, 2015,
 is issued an original or renewal of a driver's license or state
identification card  if the proof that the applicant is
required to submit to prove that his or her presence in the United
States is authorized under federal law also establishes that the
applicant is a citizen of the United States.   or who
provided the department with a change of address, as specified. 
In turn, the Secretary of State would be required  to
provide those records to the county elections official of the county
in which the person may be registered to vote and  to notify
the person that he or she will be registered to vote unless he or
she declines to be registered within 21 days after the date that the
Secretary of State issues the notice  , and to provide other
information to the person  . If a person does not decline to be
registered to vote within that time period,  this bill would
provide that  the person's motor vehicle records 
shall   would  constitute a completed affidavit of
registration and the person  shall   would 
be registered to vote.  This   The  bill
would require the Secretary of State to adopt regulations to
implement this program, as specified. 
   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.  
   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. 
   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. 

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


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 
Chapter 909   Section 6.5  of  the
Statutes   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 2   014, is amended to read: 
   2102.  (a)  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 
prior to   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 
prior to   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  (42   (52  U.S.C.
Sec.  1973gg   20501  et seq.) on or
before the 15th day  prior to   before  the
election.
   (3) The affidavit is delivered to the county elections official by
means other than those described in  paragraph 
 paragraphs  (1) and (2) on or before the 15th day 
prior to   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  prior to   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 
prior to   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) In 2014, with nearly 7 million Californians eligible to vote
but not registered, California ranks   ranked
 38th among the 50 states in voter registration.
   (d) In the 2014 elections, voter turnout nationwide was the lowest
since World War II, with California ranking 43rd in voter
participation.
   (e) Voting laws and practices have evolved over time with the goal
of increasing voter participation, as illustrated by the history of
vote by mail. While going to the polls on election day was once the
only option for voting, vote by mail voting initially provided an
alternate means of voting for voters with an excuse for being absent
on election day, then it became an option available to any voter, and
eventually the law allowed for permanent vote by mail voters who are
automatically sent a vote by mail ballot for every election.
   (f) Similarly, the federal Motor Voter Law was enacted more than
20 years ago based on a paper voter registration process, but may now
use modern electronic data technologies to make voter registration
easier, more convenient, and more efficient, while also preserving
citizens' choice to decline to be registered or cancel their
registration at any time.
   (g) 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. 
   2263.  (a)  (1)    The Secretary
of State, in consultation with the Department of Motor Vehicles,
shall establish a schedule for the department to electronically
provide to the Secretary of State the records specified in this
 subdivision.   chapter.  
   (2) Except as provided in paragraph (3), the Department of Motor
Vehicles shall electronically provide to the Secretary of State the
records of a person who is issued an original or renewal of a driver'
s license or state identification card if the proof that the
applicant is required to submit to prove that his or her presence in
the United States is authorized under federal law also establishes
that the applicant is a citizen of the United States. The records
shall include the person's name, age, residence address, electronic
signature, and other voter registration information collected
electronically by the Department of Motor Vehicles.  
   (b) (1) The Department of Motor Vehicles shall electronically
provide to the Secretary of State records containing all of the
following information associated with each person who, on or after
January 1, 2015, received an original or renewal driver's license or
state identification card, or provided the department with a change
of address:  
   (A) Name.  
   (B) Age.  
   (C) Residence address.  
   (D) Electronic signature.  
   (E) The document code or equivalent identifier associated with the
document the person provided to prove that his or her presence in
the United States is authorized under federal law and that the
applicant is a citizen of the United States.  
   (F) Whether the person affirmatively declined to become registered
to vote during a transaction with the department.  
   (G) An attestation by the person that he or she meets all voter
eligibility requirements.  
   (H) Other information specified in regulations implementing this
chapter.  
   (2) Notwithstanding Section 2264, the department may provide the
records described in paragraph (1) to the Secretary of State before
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 (52 U.S.C. Sec. 20901 et seq.).
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.  
   (3) 
    (c)  The department shall not electronically provide
 the  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. 
   (4) 
    2264.   The Department of Motor Vehicles shall not
electronically provide records pursuant to this  subdivision,
  chapter,  and the schedule established pursuant
to  paragraph (1)   Section 2263  shall not
provide for the Department of Motor Vehicles to electronically
provide records, until  January 1 of the year  after 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 (52 U.S.C. Sec. 20901 et seq.).

   (b) Upon receipt of records pursuant to subdivision (a), the
Secretary of State shall provide the records to the county elections
official of the county in which the person may be registered to vote,
unless the Secretary of State determines that the person is not
eligible to register to vote or is already registered to vote.
 
   (c) The 
    2265.    (a)     Except as
provided in subdivision (b), the  Secretary of State shall
notify each person  who is eligible to vote and  whose
records are sent to  a county elections official 
 the Secretary of State  of all of the following:
   (1) That he or she will be registered to vote unless he or she
declines to be registered within 21 days after the date that the
Secretary of State issues the notification.
   (2) The method by which he or she may decline to be registered to
vote.
   (3) The method by which he or she may include his or her political
party preference on his or her voter registration.
   (4) The method by which he or she may apply for permanent vote by
mail status.
   (5) The method by which he or she may provide a telephone number,
email address, or other contact information. 
   (6) Voter eligibility requirements.  
   (6) 
    (7)  Other information specified in regulations adopted
pursuant to Section  2266.   2269.  
   (b) The Secretary of State shall not provide notification pursuant
to subdivision (a) to a person who already registered to vote or who
affirmatively declined to register to vote during a transaction with
the department.  
   (d) 
    (c)  If a person notified under subdivision  (c)
  (a)  does not decline to be registered to vote
within 21 days after the date that the Secretary of State issues the
notification, the person's records shall constitute a completed
affidavit of registration and the person shall be registered to vote.

   (d) The Secretary of State shall provide the notification required
by subdivision (a) in languages other than English, as required by
the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503). 

   (e) 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." 
    2264.   2266.   A person registered to
vote  under this chapter  may cancel his or her voter
registration at any time by  submitting a request to the
county elections official pursuant to Section 2201.  
any method available to any other registered voter. 
    2265.  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.  
   2266.  (a) 
    2269.   The Secretary of State shall adopt regulations
to implement this chapter, including regulations addressing 
both   all  of the following: 
   (1) 
    (a)  The form, content, and language options for the
notice described in  subdivision (c) of Section 2263.
  Section 2265.  
   (2) 
    (b)  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. 
   (c) An education and outreach campaign emphasizing voter
eligibility requirements that the Secretary of State will conduct to
implement this chapter. The Secretary may use any public and private
funds available for this purpose. 
   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.