BILL NUMBER: SB 397INTRODUCED BILL TEXT INTRODUCED BY Senator Yee FEBRUARY 16, 2011 An act to add and repeal Chapter 2.7 (commencing with Section 2198) of Division 2 of the Elections Code, relating to online voter registration. LEGISLATIVE COUNSEL'S DIGEST SB 397, as introduced, Yee. Online voter registration. Existing law prohibits any person from being registered as a voter except by affidavit of registration and requires that the affidavit be mailed or delivered to the county elections official. The Secretary of State has certain administrative duties under existing law in providing voter registration materials. The federal National Voter Registration Act of 1993 provides for state departments of motor vehicles to make voter registration information and materials available to an applicant for a driver's license and other vehicular documents. Existing state law requires licensed persons to provide to the Department of Motor Vehicles a signature and the Department of Motor Vehicles is required to digitize that signature and forward the digitized signature to the Secretary of State if a person wishes to register to vote. Under existing law, operative when 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, a person who is qualified to register to vote and who has a valid California driver's license or state identification card is authorized to submit an affidavit of voter registration electronically on the Internet Web site of the Secretary of State. This bill would authorize counties to develop and use an electronic voter registration system for the electronic submission of an affidavit of voter registration from a person who is qualified to register to vote, who has a valid California driver's license or state identification card, and who resides in that county. This bill would also authorize a person who is qualified to register to vote and who has a valid California driver's license or state identification card to submit an affidavit of voter registration electronically on the Internet Web site of the county elections official of the county in which the person resides if that county has opted to comply with the provisions of this chapter. This bill would specify certain conditions that must be met before the electronic submission of an affidavit of voter registration to a county elections official could become effective. The provisions of this bill would remain in effect only until 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. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Chapter 2.7 (commencing with Section 2198) is added to Division 2 of the Elections Code, to read: CHAPTER 2.7. LOCAL ONLINE VOTER REGISTRATION 2198. Notwithstanding any other provision of law, a county elections official may develop and use an electronic voter registration system for the electronic submission of an affidavit of voter registration from a person who is qualified to register to vote, who has a valid California driver's license or state identification card, and who resides in that county. A person who is qualified to register to vote and who has a valid California driver's license or state identification card may submit an affidavit of voter registration electronically on the Internet Web site of the county elections official of the county in which the person resides if that county has opted to comply with the provisions of this chapter. (a) An affidavit submitted pursuant to this section is effective upon receipt of the affidavit by the county elections official if the affidavit is received on or before the 15th day prior to an election to be held in the precinct of the person submitting the affidavit. (b) The affiant shall affirmatively attest to the truth of the information provided in the affidavit. (c) For voter registration purposes, the applicant shall affirmatively assent to the use of his or her signature from his or her driver's license or state identification card. (d) For each electronic affidavit, the county elections official shall obtain an electronic copy of the applicant's signature from his or her driver's license or state identification card directly from the Department of Motor Vehicles. (e) The county elections official shall require a person who submits an affidavit pursuant to this section to submit all of the following: (1) The number from his or her California driver's license or state identification card. (2) His or her date of birth. (3) The last four digits of his or her social security number. (4) Any other information the county elections official deems necessary to establish the identity of the affiant. (f) Upon submission of an affidavit pursuant to this section, the county electronic voter registration system shall provide for immediate verification of both of the following: (1) That the applicant has a California driver's license or state identification card and that the number for that driver's license or identification card provided by the applicant matches the number for that person's driver's license or identification card that is on file with the Department of Motor Vehicles. (2) That the date of birth provided by the applicant matches the date of birth for that person that is on file with the Department of Motor Vehicles. (g) The county elections official shall employ security measures to ensure the accuracy and integrity of voter registration affidavits submitted electronically pursuant to this section. 2199. This chapter shall remain in effect only until 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 (42 U.S.C. Sec. 15301 et seq.) and as of that date is repealed.