Code Section Group

Elections Code - ELEC

DIVISION 2. VOTERS [2000 - 2600]

  ( Division 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )

CHAPTER 2.5. Online Voter Registration [2196 - 2198]
  ( Chapter 2.5 added by Stats. 2008, Ch. 613, Sec. 1. )

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.

(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.

(Amended (as amended by Stats. 2015, Ch. 728, Sec. 54) by Stats. 2016, Ch. 86, Sec. 87. (SB 1171) Effective January 1, 2017. Note: The prior amendment by Stats. 2015, Ch. 728, became operative on September 26, 2016 (when the Secretary of State issued the certification prescribed by Sec. 88 of Ch. 728) and deleted the condition in former subd. (e) that restricted the operation of Chapter 2.5 (Sections 2196 to 2198).)

2197.
  

No later than July 1, 2014, the California Health Benefit Exchange shall implement a process and the infrastructure to allow a person who applies online with the California Health Benefit Exchange for service or assistance, or who submits a recertification, renewal, or change of address form relating to the service or assistance online, to submit an affidavit of voter registration electronically on the Internet Web site of the Secretary of State in accordance with this chapter.

(Added by Stats. 2012, Ch. 505, Sec. 1. (SB 35) Effective January 1, 2013. Section operative September 26, 2016, when Stats. 2015, Ch. 728, amended Section 2196 and deleted its condition in former subd. (e) that restricted the operation of Chapter 2.5 (Sections 2196 to 2198).)

2198.
  

Each Internet Web site maintained by the state shall include a hyperlink on the site’s homepage to the online voter registration page of the Internet Web site of the Secretary of State.

(Added by Stats. 2013, Ch. 277, Sec. 1. (SB 44) Effective January 1, 2014. Section operative September 26, 2016, when Stats. 2015, Ch. 728, amended Section 2196 and deleted its condition in former subd. (e) that restricted the operation of Chapter 2.5 (Sections 2196 to 2198).)

ELECElections Code - ELEC