California Senate Bill SB397 Amended / Bill

 BILL NUMBER: SB 397AMENDED BILL TEXT AMENDED IN SENATE MAY 31, 2011 AMENDED IN SENATE MAY 11, 2011 AMENDED IN SENATE APRIL 27, 2011 INTRODUCED BY Senator Yee (Coauthors: Assembly Members Huffman and Portantino) FEBRUARY 16, 2011 An act to  add and repeal Chapter 2.7 (commencing with Section 2198) of Division 2   amend Section 2196  of the Elections Code, relating to online voter registration. LEGISLATIVE COUNSEL'S DIGEST SB 397, as amended, 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.  Under the above-described online voter registration provisions, the Secretary of State, for each electronic affiant, is required to 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.   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.   This bill would require the county elections official to notify the Secretary of State of each electronic affidavit received pursuant to the provisions of this chapter, with specified information about the affiant, including whether the affiant has a valid California driver's license or state identification card, and other information about the affiant required by the Secretary of State. This bill would require the Department of Motor Vehicles, at regular intervals, to notify the Secretary of State of each person who has a valid California driver's license or state identification card, and of other information about the person required by the Secretary of State. The bill would require the Secretary of State to make the information provided by the Department of Motor Vehicles available to counties so that counties, in addition to the Secretary of State, may determine the affiant's eligibility to submit the affidavit.   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 and that can support a statewide electronic voter registration system.   This bill would require the Department of Motor Vehicles and the Secretary of state to develop a process and the infrastructure to allow electronic copies of the applicants' signatures and other information required under the above provisions that is in the possession of the department to be transferred to the Secretary of State and to the county election management systems to allow a person who is qualified to register to vote in California to register to vote under the above provisions.   This bill would provide, as an alternative operative date, that the above provisions shall become operative on the date the Secretary of State either certifies that the state has a statewide voter registration database that complies with the requirements of the federal Help America Vote Act of 2002 or executes a declaration stating that certain specified conditions have occurred.  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 2196 of the   Elections Code   is amended to read:  2196. (a) (1) Notwithstanding any other provision of law, 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 Secretary of State.  This chapter shall become 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 (42 U.S.C. Sec. 15301 et seq.).  (2) An affidavit submitted pursuant to this section is effective upon receipt of the affidavit by the Secretary of State 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. (3) The affiant shall affirmatively attest to the truth of the information provided in the affidavit. (4) 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. (5) For each electronic affidavit, the Secretary of State 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. (6) The Secretary of State shall require a person who submits an affidavit pursuant to this section to submit all of the following: (A) The number from his or her California driver's license or state identification card. (B) His or her date of birth. (C) The last four digits of his or her social security number. (D) Any other information the Secretary of State deems necessary to establish the identity of the affiant. (7) Upon submission of an affidavit pursuant to this section, the electronic voter registration system shall provide for immediate verification of both of the following: (A) 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. (B) 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. (8) The Secretary of State shall employ security measures to ensure the accuracy and integrity of voter registration affidavits submitted electronically pursuant to this section. (b) The Department of Motor Vehicles shall utilize the electronic voter registration system required by this section to comply with its duties and responsibilities as a voter registration agency pursuant to the federal National Voter Registration Act of 1993 (42 U.S.C. Sec. 1973gg et seq.).  (c) The Department of Motor Vehicles and the Secretary of State shall develop a process and the infrastructure to allow the electronic copy of the applicant's signature and other information required under this section that is in the possession of the department to be transferred to the Secretary of State and to the county election management systems to allow a person who is qualified to register to vote in California to register to vote under this section.   (d) This chapter shall become operative upon the date of that either of the following occurs:   (1) 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.).   (2) The Secretary of State executes a declaration stating that the following conditions have occurred:   (A) The United States Election Assistance Commission has approved the use of Help America Vote Act of 2002 funding to provide online voter registration in advance of the deployment of the statewide voter registration database.   (B) The Department of Motor Vehicles and the Secretary of State have developed a process and the infrastructure necessary to implement paragraph (5) of subdivision (a).   (C) All county election management systems have been modified to receive and store electronic voter registration information received from the Secretary of State in order to allow a person who is qualified to register to vote in California to register to vote under this section.   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 or 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 last day to register or 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 electronic affidavit. (c) For voter registration purposes, the affiant shall affirmatively assent to the use of his or her signature from his or her driver's license or state identification card. (d) (1) The county elections official shall notify the Secretary of State of each electronic affidavit received pursuant to this chapter. The county's notification shall include all the information necessary for the Secretary of State to determine (A) whether the affiant has a valid California driver's license or state identification card and (B) the affiant's residence address and county of residence. The county's notification shall also include any other information that is required by the Secretary of State in order for him or her to obtain the information described in subparagraphs (A) to (D), inclusive, of paragraph (6) of subdivision (a) of Section 2196. (2) The Department of Motor Vehicles shall, at regular intervals, notify the Secretary of State of all persons who have a valid California driver's license or state identification card, and shall provide the electronic signature of each of those persons. The notification shall also include any other information that is required by the Secretary of State in order for him or her to obtain the information described in subparagraphs (A) to (D), inclusive, of paragraph (6) of subdivision (a) of Section 2196. (3) After obtaining the information provided pursuant to paragraph (2), the Secretary of State shall make this information available to counties so that the counties, in addition to the Secretary of State, may determine if an affiant is eligible, at the time the affiant submits an electronic affidavit, to submit that affidavit. (e) The county elections official shall require a person who submits an affidavit pursuant to this section to submit all of the information listed in subparagraphs (A) to (C), inclusive, of paragraph (6) of subdivision (a) of Section 2196. (f) Upon submission of an affidavit pursuant to this section, the electronic voter registration system used by the county shall provide for immediate verification of both of the following: (1) That the affiant 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 affiant 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 affiant 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 that can support a statewide electronic voter registration system and as of that date is repealed.