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SB-734 Voters: online voter registration.(2017-2018)

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Date Published: 02/17/2017 09:00 PM
SB734:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 734


Introduced by Senator Fuller

February 17, 2017


An act to amend Section 2196 of the Elections Code, and to amend Section 6254.4 of the Government Code, relating to voters.


LEGISLATIVE COUNSEL'S DIGEST


SB 734, as introduced, Fuller. Voters: online voter registration.
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 electronically submit a voter registration affidavit on the Secretary of State’s Internet Web site. Existing law requires the Secretary of State to employ security measures to ensure the accuracy and integrity of the electronically-submitted voter registration affidavits.
This bill would require the security measures employed by the Secretary of State to include capturing and maintaining the Internet Protocol address from which each electronic voter registration affidavit is submitted.
Existing law provides that the home address, telephone number, email address, precinct number, or other number specified by the Secretary of State for voter registration purposes, and prior registration information shown on the affidavit of registration, is confidential and shall not be disclosed to any person.
This bill would provide that the Internet Protocol address captured and maintained by the Secretary of State, as described above, is also confidential and shall not be disclosed to any person.
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 Internet Web site of the Secretary of State.
(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. The security measures employed by the Secretary of State shall include capturing and maintaining the Internet Protocol address from which each electronic affidavit is submitted.
(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) 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.
(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.

SEC. 2.

 Section 6254.4 of the Government Code is amended to read:

6254.4.
 (a) The home address, telephone number, email address, precinct number, or other number specified by the Secretary of State for voter registration purposes, and prior registration information shown on the affidavit of registration, is confidential and shall not be disclosed to any person, except pursuant to Section 2194 of the Elections Code.
(b) For purposes of this section, “home address” means street address only, and does not include an individual’s city or post office address.
(c) The California driver’s license number, the California identification card number, the social security number, and any other unique identifier used by the State of California for purposes of voter identification shown on an affidavit of registration, or added to the voter registration records to comply with the requirements of the federal Help America Vote Act of 2002 (42 U.S.C. Sec. 15301 (52 U.S.C. Sec. 20901 et seq.), are confidential and shall not be disclosed to any person.
(d) The signature of the voter that is shown on the affidavit of registration is confidential and shall not be disclosed to any person.
(e) The Internet Protocol address captured and maintained by the Secretary of State for an affidavit of registration submitted electronically is confidential and shall not be disclosed to any person.