Amended  IN  Senate  February 25, 2019
Amended  IN  Senate  January 31, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill No. 57

Introduced by Senator Bates
(Coauthor: Senator Moorlach)(Coauthors: Senators Borgeas, Grove, Jones, Moorlach, Morrell, Nielsen, and Stone)
(Coauthors: Assembly Members Bigelow, Brough, Fong, Gallagher, Lackey, Mathis, Obernolte, Patterson, Voepel, and Waldron)

December 17, 2018

An act to amend Sections 2263 and 2265 of the Elections Code, relating to elections.


LEGISLATIVE COUNSEL'S DIGEST


SB 57, as amended, Bates. California New Motor Voter Program: voter registration.
Existing law requires the Secretary of State and the Department of Motor Vehicles to establish the California New Motor Voter Program. Under the program, the Department of Motor Vehicles is required to provide to the Secretary of State specified information associated with each person who submits an application for a driver’s license or identification card, and additionally to report to the Secretary of State that an applicant has attested that the applicant meets the voter preregistration requirements for a person who is at least 16 years of age and otherwise meets all voter eligibility requirements. The prescribed information submitted by the department to the Secretary of State constitutes a completed or submitted affidavit of registration, and the Secretary is required to register or preregister the person to vote, unless the person affirmatively declines to register to vote during a transaction with the department, the department does not represent to the Secretary of State that the person attested that the person meets all voter eligibility requirements, or the Secretary of State determines that the person is ineligible to vote.
This bill would instead require a person to affirmatively agree to become registered or preregistered to vote during a transaction with the department before the Secretary registers or preregisters that person, and it would make other conforming changes.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 2263 of the Elections Code is amended to read:

2263.
 (a) The Department of Motor Vehicles, in consultation with the Secretary of State, shall establish a schedule and method for the department to electronically provide to the Secretary of State the records specified in this section.
(b) (1) The department shall provide to the Secretary of State, in a manner and method to be determined by the department in consultation with the Secretary of State, the following information associated with each person who submits an application for a driver’s license or an identification card pursuant to Section 12800, 12815, or 13000 of the Vehicle Code, or who notifies the department of a change of address pursuant to Section 14600 of the Vehicle Code:
(A) Name.
(B) Date of birth.
(C) Either or both of the following, as contained in the department’s records:
(i) Residence address.
(ii) Mailing address.
(D) Digitized signature, as described in Section 12950.5 of the Vehicle Code.
(E) Telephone number, if available.
(F) Email address, if available.
(G) Language preference.
(H) Political party preference.
(I) Whether the person chooses to become a permanent vote by mail voter.
(J) Whether the person affirmatively agreed to become registered or preregistered to vote during a transaction with the department.
(K) A notation that the applicant has attested that the applicant meets all voter eligibility requirements, including United States citizenship, specified in Section 2101 and, as applicable, the preregistration eligibility requirements in subdivision (d) of Section 2102.
(L) Other information specified in the regulations implementing this chapter.
(2) (A) The department 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 (e) of this section have been satisfied. Records provided pursuant to this paragraph shall only be used for purposes of outreach and education to eligible voters conducted by the Secretary of State.
(B) The Secretary 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).
(c) The Secretary of State shall not sell, transfer, or allow any third party access to the information acquired from the Department of Motor Vehicles pursuant to this chapter without approval of the department, except as permitted by this chapter and Section 2194.
(d) The department shall not electronically provide records of a person who applies for or is issued a driver’s license pursuant to Section 12801.9 of the Vehicle Code because the person is unable to submit satisfactory proof that the person’s presence in the United States is authorized under federal law.
(e) The Department of Motor Vehicles 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. Sec. 20901 et seq.).
(2) The Legislature has appropriated the funds necessary for the Secretary of State and the Department of Motor Vehicles to implement and maintain the California New Motor Voter Program.
(3) The regulations required by Section 2270 have been adopted.
(f) The Department of Motor Vehicles shall not electronically provide records pursuant to this section that contain a home address designated as confidential pursuant to Section 1808.2, 1808.4, or 1808.6 of the Vehicle Code.

SEC. 2.

 Section 2265 of the Elections Code is amended to read:

2265.
 (a) The records of a person designated in paragraph (1) of subdivision (b) of Section 2263 shall constitute a completed affidavit of registration and the Secretary of State shall register the person to vote, or, as applicable, preregister the person to vote, if all of the following conditions are satisfied:
(1) The person’s records, as described in Section 2263, reflect that the person affirmatively agreed to become registered or preregistered to vote during a transaction with the Department of Motor Vehicles.
(2) The person’s records, as described in Section 2263, reflect that the person has attested to meeting all voter eligibility requirements specified in Section 2101 or, as applicable, all preregistration eligibility requirements in subdivision (d) of Section 2102.
(3) The Secretary of State has not determined that the person is ineligible to vote or, as applicable, will be ineligible to vote when the person reaches 18 years of age.
(b) If a person who is registered or preregistered to vote pursuant to this chapter does not provide a party preference, the person’s party preference shall be designated as “Unknown” on a voter registration index under Article 5 (commencing with Section 2183) of Chapter 2, and the person shall otherwise be treated as a “No Party Preference” voter.
(c) If the Secretary of State receives from the Department of Motor Vehicles pursuant to paragraph (1) of subdivision (b) of Section 2263 the records of a person who is currently registered to vote, the Secretary of State shall use the information in the records to update the voter’s registration information. If the Secretary of State does not receive information for the voter pursuant to paragraph (1) of subdivision (b) of Section 2263 for which space is provided on the affidavit of registration, but that information was provided in the voter’s previous affidavit of registration, the information from the voter’s previous affidavit of registration shall remain part of the voter’s record.