SB 361

Bill Subjects

Abstract

(1) 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 eligible to register to vote and 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. Existing law, the federal National Voter Registration Act of 1993, requires each state to establish procedures to register voters by application made simultaneously with an application for a motor vehicle driver's license. Existing law requires the Department of Motor Vehicles to perform various duties in connection with voter registration. This bill would require the Department of Motor Vehicles to ensure that any electronic system, as specified, under which a person may electronically submit on the Internet Web site of the Department of Motor Vehicles an application for the issuance or renewal of a driver's license or state identification card, or a change of address form, shall offer the person the opportunity to submit an electronic affidavit of voter registration, or to electronically update his or her voter registration information, on the Internet Web site of the Secretary of State. This bill would require the Department of Motor Vehicles to work jointly with the Secretary of State to ensure that the system provides all required notices and, for each applicant who indicates that he or she would like to apply to register to vote or update his or her voter registration information and consents to the use of his or her motor vehicle records for voter registration purposes, electronically transmits to the Secretary of State the information provided on the person's driver's license or state identification card application, or change of address form, as applicable, in a manner that does not require the person to duplicate or reenter the information. This bill would require the Secretary of State to report to the Legislature, as specified. By requiring local agencies to perform additional duties, this bill would impose a state-mandated local program. (2) The Student Voter Registration Act of 2003 requires the Secretary of State to annually provide every high school, community college, and 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, or within two years of implementing such a system, to permit students, through an automated program in coordination with the Secretary of State, to elect to receive during the class registration process a voter registration form that is preprinted with personal information relevant to voter registration. The act encourages the University of California to comply with that provision. This bill would revise these provisions of the act. This bill would require the Secretary of State to inform every high school, community college, and California State University and University of California campus that voter registration forms are available from the Secretary of State and to provide voter registration forms to each school upon request. This bill would require each community college and California State University campus that operates an automated class registration system, as specified, 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, and, for each student who indicates that he or she would like to apply to register to vote, to electronically transmit to the Secretary of State information in the student's records that is necessary to register the student to vote, in a manner that does not require the student to duplicate or reenter the information on the electronic affidavit of voter registration. This bill would require each community college and California State University to, at the commencement of an academic term, send to each student a notice by electronic mail that is dedicated exclusively to voter registration and contains information relating to voter registration eligibility and the Internet Web site address of the Secretary of State's electronic voter registration system. This bill would encourage the University of California to comply with these provisions. (3) Existing federal law, the federal National Voter Registration Act of 1993, requires each state to establish procedures to register voters by application in person at certain federal, state, or nongovernmental agencies designated by state law as voter registration agencies. Existing state law requires a designated 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, to implement a process and the infrastructure that allows the person to electronically submit a voter preference form, as defined, and to submit an affidavit of voter registration electronically on the Internet Web site of the Secretary of State. Existing law permits a voter registration agency to 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, 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. This bill would require a voter registration agency, for each person who indicates that he or she would like to apply to register to vote, to electronically transmit to the Secretary of State, in a format prescribed by the Secretary of State, the information entered on the person's electronic application for service or assistance, or his or her electronic recertification, renewal, or change of address form, as applicable, in a manner that does not require the person to duplicate or reenter the information on the electronic affidavit of voter registration. (4) Existing law specifies various duties of the Secretary of State with regard to the electoral process. This bill would place additional requirements on the Secretary of State to provide the capability for a voter to check online the status of the voter's registration, find the location of the voter's polling place, check the status of a vote by mail ballot, and check the status of a voter's provisional ballot on the Secretary of State's Internet Web site, as specified. (5) Under existing law, if a county elections official receives an affidavit of voter registration that does not include all required information, and the elections official is not able to collect the missing information by telephone, but the mailing address of the affiant is legible, the elections official must inform the affiant of the reason for rejection of the affidavit and must send to the affiant a new voter registration card. This bill would require the elections official under these circumstances to send to the affiant a new voter registration card or any other document, as determined by the elections official, on which the affiant may provide the missing information. (6) 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. (7) Certain provisions of this bill would become operative on the date on which, or one year after the date on which, 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.