Bill Text: CA AB2455 | 2015-2016 | Regular Session | Amended

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

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Bill Title: Voter registration: public postsecondary educational institutions: California New Motor Voter Program.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2016-09-21 - Chaptered by Secretary of State - Chapter 417, Statutes of 2016. [AB2455 Detail]

Download: California-2015-AB2455-Amended.html

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BILL NUMBER: AB 2455	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 6, 2016
	AMENDED IN ASSEMBLY  MARCH 17, 2016

INTRODUCED BY   Assembly Members Chiu and Bonta

                        FEBRUARY 19, 2016

   An act to  amend Sections 2100 and 2102 of, to add Chapter
4.6 (commencing with Section 2280) to, and to repeal Article 3.5
(commencing with Section 2145) of Chapter 2 of Division 2 of,
  add Section 2197.5 to  the Elections Code,
relating to  elections   voter registration
 .



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2455, as amended, Chiu.  Automatic Student Voter
Registration Program.   Electronic voter registration:
public postsecondary educational institutions. 
   Under existing law, a person may not be registered to vote except
by affidavit of registration. Pursuant to the  California New
Motor Voter Program, a person's motor vehicle records are
electronically provided by the Department of Motor Vehicles to the
Secretary of State, as specified, and those records constitute a
completed affidavit of registration. The Secretary of State is then
required to register that person to vote unless the person
affirmatively declines to be registered to vote, the department does
not represent that the person attested that he or she meets all
eligibility requirements, or the Secretary of State determines that
the person is ineligible to vote. 
    Under the  Student Voter Registration Act of
2003, the Secretary of State is required to annually provide every
high school, community college, California State University, and
University of California campus with voter registration forms. The
act also requires every community college and California State
University campus that operates an automated class registration
system, in coordination with the Secretary of State, to permit
students during the class registration process to apply to register
to vote online by submitting an affidavit of voter registration
electronically on the Internet Web site of the Secretary of State.
The act encourages the University of California to comply with this
provision. 
   This bill would require the California State University and the
California Community Colleges to implement a process and the
infrastructure to allow a person who enrolls online at the
institution, to submit an affidavit of voter registration
electronically on the Internet Web site of the Secretary of State by
July 1, 2018. The bill would encourage the University of California
to comply with its provisions. By requiring community colleges to
provide a higher level of service, the 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.  
   This bill would repeal the Student Voter Registration Act of 2003
and instead require the Secretary of State, in coordination with the
California State University and the California Community College
system, to establish the Automatic Student Voter Registration Program
for the purpose of increasing opportunities for voter registration
by a qualified voter. The bill would require the California State
University and California Community College systems to establish a
schedule and method to electronically provide to the Secretary of
State the records containing identifying information associated with
each person who enrolls at the university or community college. The
bill would encourage the University of California to comply with this
provision. By requiring community colleges to provide a higher level
of service, the bill would impose a state-mandated local program.
 
   Upon the expiration of a 21-day period, the individual's records
would constitute a completed affidavit of registration and the
Secretary of State would be required to register the individual to
vote, except as specified. The bill would provide that a person may
decline to be registered to vote under this program or may cancel his
or her voter registration under this program at any time by any
method available to any other registered voter. The bill would
require the Secretary of State to adopt regulations to implement the
program and would make conforming changes.  
   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.
The act specifies the situation in which disclosure is permissible
and the manner in which agencies account for disclosure of personal
information, including those due to security breaches, among other
provisions.  
   The bill would require the Secretary of State to establish
procedures to safeguard the confidentiality of information acquired
for purposes of the Automatic Student Voter Registration Program and
would state that the provisions of the Information Practices Act of
1977 govern disclosures pursuant to the program.  
   The bill would provide that the willful, unauthorized disclosure
of information obtained from a college or university pursuant to its
provisions to any person, 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 for voter registration purposes is a
misdemeanor punishable by a fine not to exceed $5,000 or imprisonment
in county jail not exceeding one year, or both fine and
imprisonment. By establishing a new crime, the 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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
 
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above. 
   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.    It is the intent of the Legislature, in
enacting this act, to take preliminary measures towards the
establishment of an automatic voter registration system for
California citizens enrolled at state public college and university
campuses. 
   SEC. 2.    Section 2197.5 is added to the  
Elections Code   , to read:  
   2197.5.  No later than July 1, 2018, the California State
University and the California Community Colleges shall implement a
process and the infrastructure to allow a person who enrolls online
at the institution, to submit an affidavit of voter registration
electronically on the Internet Web site of the Secretary of State in
accordance with this chapter. The University of California is
encouraged to coordinate with the Secretary of State pursuant to this
section. 
   SEC. 3.    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.  
  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, Chapter 4.5 (commencing with Section 2260), and Chapter 4.6
(commencing with Section 2280), 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 3.5 of Chapter 736 of the Statutes of 2015, is
amended to read:
   2102.  (a) Except as provided in Chapter 4.5 (commencing with
Section 2260) and Chapter 4.6 (commencing with Section 2280), 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.    Article 3.5 (commencing with Section
2145) of Chapter 2 of Division 2 of the Elections Code is repealed.
 
  SEC. 4.    Chapter 4.6 (commencing with Section
2280) is added to Division 2 of the Elections Code, to read:
      CHAPTER 4.6.  AUTOMATIC STUDENT VOTER REGISTRATION PROGRAM


   2280.  This chapter shall be known and may be cited as the
Automatic Student Voter Registration Program.
   2281.  (a) The Legislature finds and declares that voter
registration is one of the biggest barriers to participation in our
democracy.
   (b) It is the intent of the Legislature to enact the Automatic
Student Voter Registration Program to provide California citizens
enrolled at the University of California, California State
University, and California Community College campuses additional
opportunities to participate in democracy through the exercise of
their fundamental right to vote.
   2282.  (a) The Secretary of State, in coordination with the
California State University and the California Community College
systems, shall establish the Automatic Student Voter Registration
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. The
University of California is encouraged to coordinate with the
Secretary of State pursuant to this subdivision.
   (b) This chapter shall not be construed as requiring the
University of California, California State University, or California
Community College system to determine eligibility for voter
registration and voting. The Secretary of State is solely responsible
for determining eligibility for voter registration and voting.
   2283.  (a) The California State University and the California
Community College systems, in consultation with the Secretary of
State, shall establish a schedule and method to electronically
provide to the Secretary of State the records specified in this
section in a format that can be reviewed by election officials and
uploaded onto the computerized statewide voter registration database.

   (b) (1) The California State University and California Community
College systems shall provide to the Secretary of State, in a manner
and method to be determined in consultation with the Secretary of
State, the following information associated with each person who
enrolls at a university or community college campus:
   (A) Legal name.
   (B) Date of birth.
   (C) Either or both of the following, as contained in the system's
records:
   (i) Residence address.
   (ii) Mailing address.
   (D) Digitized signature.
   (E) Telephone number, if available.
   (F) Email address, if available.
   (G) Language preference.
   (H) Political party preference, if available.
   (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 an enrollment transaction with the university or
campus system.
   (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) The California State University or California Community
College system shall, with respect to any individual disclosing
information to the university or community college that may be relied
upon to determine eligibility to register to vote in state
elections:
   (A) Notify the individual that such information will be
transferred in accordance with subdivision (a).
   (B) Provide the individual the opportunity to opt out of automatic
voter registration during their enrollment transactions with the
university or community college.
   (3) (A) The California State University or California Community
College system 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 (c) 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 of State 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).
   (4) (A) The Secretary of State shall not sell, transfer or allow
any third party access to the information acquired pursuant to this
chapter without approval of the California State University or
California Community College system, except as permitted by this
chapter and Section 2194.
   (B) The California State University or California Community
College system shall not electronically provide the Secretary of
State with records of a person who enrolls at a community college or
university campus but is unable to submit satisfactory proof that his
or her presence in the United States is authorized under federal
law.
   (c) The California State University and California Community
College systems 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
implementation and maintenance of the Automatic Student Voter
Registration Program.
   (3) The regulations required by Section 2290 have been adopted.
   (d) The University of California is encouraged to comply with this
section.
   2284.  (a) Upon receiving an individual's identifying information
specified in subdivision (a) of Section 2283, the Secretary of State
shall issue a notification to the individual containing both of the
following:
   (1) A statement informing the individual that unless he or she
informs the election official that he or she declines to be
registered to vote within 21 days of the date the notification was
issued, the individual shall be considered to have completed and
submitted an affidavit of voter registration for purposes of this
chapter.
   (2) A description of the process by which the individual may
decline to be registered to vote.
   (b) If an individual does not decline to be registered to vote 21
days after the Secretary of State issues the notification described
in subdivision (a), an individual's records shall constitute a
completed affidavit of registration and the Secretary of State shall
register the individual to vote in elections held in the state unless
either of the following conditions is satisfied:
   (1) The Secretary of State determines that the individual does not
meet the eligibility requirements for registering to vote in such
elections.
   (2) The person's records do not reflect that he or she has
attested to meeting all voter eligibility requirements specified in
Section 2101.
   (c) (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.
   (d) If the information transferred under Section 2283 reflects an
individual already included on the voter registration list, and if
the information reliably indicates a more recent change to the name
or address of the individual, the Secretary of State shall ensure
that the records of the individual on the voter registration list are
updated accordingly.
   2285.  (a) 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.
   (b) This section does not preclude a person who previously
declined voter registration from subsequently registering.
   2286.  (a) The Secretary of State shall establish procedures to
protect the confidentiality of the information acquired pursuant to
this chapter. 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.
   (b) The Secretary of State, in consultation with the University of
California, California State University, and California Community
College systems, shall set forth safeguards to protect the privacy
and security of the personal information provided to the state in the
data transfer process. These safeguards shall do all of the
following:
   (1) Prohibit public disclosure of certain voter information,
including the source of a voter's registration and any information
not necessary for purposes of voter registration.
   (2) Protect against public disclosure of Social Security numbers
and digits, driver's license numbers, and signatures.
   (3) Prohibit public disclosure of an individual's decision not to
register to vote.
   (4) Prohibit agencies from transmitting to election officials
information other than that which is required for voter registration
or specified information relevant to the administration of elections,
including language preference and demographic information.
   (5) Prohibit the disclosure of information relating to persons in
categories designated confidential by federal or state law.
   (c) This section does not prevent the Secretary of State or the
University of California, California State University, or California
Community College system from establishing and enforcing additional
security measures to protect the confidentiality and integrity of
interagency data transfers.
   (d) The University of California is encouraged to comply with this
section.
   2287.  The willful, unauthorized disclosure of information
obtained from a community college or university system pursuant to
this chapter to any person, 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 2283 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.
   2288.  This chapter does not affect the confidentiality of a
person's voter registration information, which remains confidential
pursuant to Section 2194 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.
   2289.  (a) 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.
   (b) 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.
   2290.  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 Automatic Student
Voter Registration Program in the absence of any violation by that
person of Section 18100.
   (b) An education and outreach campaign informing voters about the
Automatic Student Voter Registration Program that the Secretary of
State will conduct to implement this chapter. The Secretary of State
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. 5.    No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution for certain costs that may be incurred by a local agency
or school district because, in that regard, 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.
   However, if the Commission on State Mandates determines that this
act contains other 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.