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  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  designate specified agencies and
offices within the state   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  the
California Health Benefit Exchange   specified agencies
and offices  as  a  voter registration
 agency   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:  no   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  AGENCY 
AGENCIES 


   2400.  The California Health Benefit Exchange is hereby designated
a voter registration agency for purposes of the federal National
Voter Registration Act of 1993 (42 U.S.C. Sec. 1973gg et seq.).
 
   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) "Voter preference form" means the form described in Section
1973gg-5(a)(6)(B) of Title 42 of the United States Code.
   (e) "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 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) Health Insurance Counseling and Advocacy Program.
   (E) 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 of the
following:
   (1) A voter preference form.
   (2) A voter registration card, unless the applicant, in writing,
declines to register to vote.
   (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 and 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) Prepare written materials that describe the responsibilities
of a county coordinator and an agency coordinator pursuant to this
chapter and the federal National Voter Registration Act of 1993 (42
U.S.C. Sec. 1973gg et seq.).
   (5) Conduct an audit of 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 or the federal National Voter
Registration Act of 1993 (42 U.S.C. Sec. 1973gg et seq.).
   (6) Conduct an audit of a county coordinator if the county
coordinator fails to timely submit a report pursuant to Section 2408,
or if a report indicates that the county coordinator 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) Post the results of an audit conducted pursuant to paragraph
(5) or (6) 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 and each applicable 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 shall do all of the following:
   (1) Provide voter registration cards to a voter registration
agency upon request of the 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 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 of the location of each of the
voter registration agency's offices or sites within the state.
   (2) Request voter registration cards from a county coordinator, as
needed.
   (3) Take steps to ensure that the voter registration agency, or
each office or site of the voter registration agency for which the
agency coordinator has been designated, 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.  
   2408.  (a) Within 10 days after the beginning of each calendar
month, a county coordinator shall report to the state coordinator, 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) The state coordinator shall post the information contained in
each report received from a county coordinator or an agency
coordinator 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 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 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. 
   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.