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SB-682 Online voter registration.(2017-2018)

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Date Published: 04/20/2017 09:00 PM
SB682:v96#DOCUMENT

Amended  IN  Senate  April 20, 2017
Amended  IN  Senate  April 06, 2017
Amended  IN  Senate  March 28, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill
No. 682

Introduced by Senator Nielsen

February 17, 2017

An act to amend Section 2196 of the Elections Code, relating to voting.


LEGISLATIVE COUNSEL'S DIGEST


SB 682, as amended, Nielsen. Online voter registration.
Existing law requires the Department of Motor Vehicles to issue an original driver’s license to a person who is unable to submit satisfactory proof that his or her presence in the United States is authorized under federal law, if he or she meets all other qualifications for licensure and provides satisfactory proof of his or her identity and California residency.
Existing law authorizes 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 Secretary of State’s Internet Web site. Existing law provides for a process and infrastructure that allows the Department of Motor Vehicles to transfer the electronic information of a voter registration applicant to the Secretary of State.
This bill would prohibit the Department of Motor Vehicles from transferring the electronic information of voter registration applicants who obtained an original driver’s license without submitting satisfactory proof of their presence in the United States under federal law. This bill would require the Department of Motor Vehicles, by March 15, 2018, to provide the Secretary of State with a list of any such applicants whose electronic information it previously provided to the Secretary of State. This bill would require the Secretary of State to revoke the registration of an individual on that list, unless the Secretary has been provided with actual proof of the individual’s eligibility to vote. This bill would require the Secretary of State to provide notice of a revocation to such individuals within a reasonable timeframe.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   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 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 Secretary of State’s Internet Web site.
(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 last day to register for 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 affidavits of voter registration submitted electronically pursuant to this section.
(b) The Department of Motor Vehicles shall use 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 (52 U.S.C. Sec. 20501 et seq.).
(c) (1) The Department of Motor Vehicles and the Secretary of State shall maintain 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.
(2) The Department of Motor Vehicles shall not transfer to the Secretary of State any information pursuant to paragraph (1) regarding an applicant whose driver’s license was granted under Section 12801.9 of the Vehicle Code.

(3)By March 15, 2018, the Department of Motor Vehicles shall provide to the Secretary of State a list of any applicants whose driver’s licenses were granted under Section 12801.9 of the Vehicle Code and whose information the Department provided to the Secretary of State before January 1, 2018.

(4)The Secretary of State shall revoke the voter registration of an individual identified in paragraph (3), unless the Secretary has been provided with actual proof of the individual’s eligibility to vote. Within a reasonable timeframe, the Secretary shall provide an individual whose registration is revoked with notice of the revocation.

(d) If an applicant cannot electronically submit the information required pursuant to paragraph (6) of subdivision (a), he or she shall nevertheless be able to complete the 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.