Today's Law As Amended


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SB-361 Elections: voter registration.(2013-2014)



As Amends the Law Today


SEC. 2.SECTION 1.

 Section 2146 of the Elections Code is amended to read:

2146.
 (a) The Secretary of State shall annually provide inform  every high school, community college, and California State University and University of California campus with that  voter registration forms. The  forms are available from the  Secretary of State  State, and  shall provide additional forms to a school, free of charge, if so requested by a school. voter registration forms to each school upon request. 
(b) The Secretary of State shall provide a written notice with each registration form describing eligibility requirements and informing each student that he or she may return the completed form in person or by mail to the elections official of the county in which the student resides or to the Secretary of State. The notice shall also inform each student that he or she may complete and submit an affidavit of voter registration electronically on the Internet Web site of the Secretary of State. 
(c) (1) (A) Each  Every  community college and or  California State University campus that operates an automated class registration system on or before January 1, 2008, 2014,  shall, through an automated program, in coordination with the Secretary of State, 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.
(B) (2)  A Any  community college or California State University campus that does not operate an automated class registration system on or before January 1, 2008, 2014,  shall, within two years of implementing an automated class registration system, through an automated program in coordination with the Secretary of State, 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.
(3) The University of California is encouraged to comply with this subdivision.
(d) (1) Each community college or California State University campus that operates an automated class registration system shall, for each student who indicates that he or she would like to apply to register to vote pursuant to subdivision (c), electronically transmit to the Secretary of State, in a format prescribed by 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.
(2) A system developed pursuant to paragraph (1) shall be designed to ensure the secure electronic storage of information by, and the secure electronic transmission of information between, the Secretary of State and the college or university.
(3) The University of California is encouraged to comply with this subdivision.
(4) This subdivision shall become operative 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 (42 U.S.C. Sec. 15301 et seq.).
(2) (e)  As (1)   soon as a  Each  community college or and  California State University or University of California campus complies with paragraph (1), the Secretary of State may continue, at his or her discretion, to provide the campus with voter registration forms unless the campus requests not to receive the voter registration forms. campus shall, at the commencement of an academic term, send to each student by electronic mail a notice that is dedicated exclusively to conveying information relating to voter registration eligibility, the process for registering to vote or updating voter registration information, and the Internet Web site address of the Secretary of State’s electronic voter registration system. 
(3) (2)  The University of California is encouraged to comply with this subdivision.
(d) (f)  The Secretary of State shall submit to the Legislature, on or before January 1 of each year, a report on its student voter registration efforts pursuant to this article. This report shall include estimates as to how many voter registration forms were sent to high schools, community colleges, and California State University and University of California campuses; how many voter registration forms were submitted; returned;  and how many electronic affidavits of voter registration were submitted by students pursuant to subdivision (c). subdivisions (c) and (d). 
(e) (g)  It is the intent of the Legislature that every eligible high school and college student receive a meaningful  voter registration form or the  opportunity to apply to register to vote.  vote online.  It is also the intent of the Legislature that every school do all in its power to ensure that students are provided the opportunity and means to apply to register to vote. This may include providing voter registration forms at the start of the school year, including voter registration forms with orientation materials; placing voter registration forms at central locations, including voter registration forms with graduation materials; or providing hyperlinks to, and or  the Internet Web site address of, the Secretary of State’s electronic voter registration system in notices sent by electronic mail to students and or  placed on the Internet Web site of the high school, college, or university.

SEC. 3.SEC. 2.

 Section 2153 of the Elections Code is amended to read:

2153.
 (a) Except as provided in Section 2154, the affidavit of registration shall show all the facts required to be stated.
(b) If the affidavit does not contain all of the information required, the  but the telephone number of the affiant is legible, the  county elections official shall attempt to contact  telephone  the affiant and attempt to  collect the missing information.
(c) If the affidavit does not contain all of the information required, and the county elections official is not able to collect the missing information,  information by telephone,  but the mailing address of the affiant is legible, the county elections official shall inform the affiant of the reason for rejection and shall send to the affiant either of the following: a new voter registration card or any other document, as determined by the elections official, on which the affiant may provide the missing information. 
(1) A new voter registration card.
(2) Any other document, as determined by the elections official, on which the affiant may provide the missing information. An affiant who provides information pursuant to this paragraph shall certify under penalty of perjury that the information provided is true and correct.

SEC. 3.

 Section 2169 is added to the Elections Code, following Section 2168, to read:

2169.
 (a) The Secretary of State shall provide on his or her Internet Web site the capability for a voter to do all of the following:
(1) Check the status of his or her voter registration and review his or her voter registration information that is included in the Secretary of State’s electronic voter registration system.
(2) Not less than 30 days before an election, find the location of his or her polling place, if that information is available, or the location of the polling place for any residential address in the state.
(3) Upon the completion of the official canvass for an election, determine whether his or her vote by mail ballot was counted and, if not, the reason the ballot was rejected.
(4) Upon the completion of the official canvass for an election, determine whether his or her provisional ballot was counted and, if not, the reason the ballot was rejected.
(5) Opt out of receiving his or her voter pamphlet by mail and instead receive it by electronic mail.
(b) The online system established pursuant to subdivision (a) shall be accessible to persons with disabilities and available in all the languages in which a ballot or ballot materials are required to be made available in this state pursuant to Section 203 (42 U.S.C. Sec. 1973aa-1a) or Section 4(f)(4) (42 U.S.C. Sec. 1973b(f)(4)) of the federal Voting Rights Act of 1965.
(c) The Secretary of State shall adopt regulations to ensure the security and privacy of any personal voter registration information conveyed by the online system.

SEC. 4.

 Section 2408 of the Elections Code is amended to read:

2408.
 (a) A 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, shall implement a process and infrastructure that allows an applicant to electronically submit a voter preference form to the voter registration agency, and to submit an affidavit of voter registration electronically on the Internet Web site of the Secretary of State in accordance with Chapter 2.5 (commencing with Section 2196).
(b) If a person indicates on his or her electronic voter preference form that he or she would like to apply to  register to vote, the person shall be informed that he or she may apply to  register to vote through one of the following options, if applicable:
(1) Submit an affidavit of voter registration electronically on the Secretary of State’s Internet Web site pursuant to subdivision (a) of Section 2196.
(2) Complete an affidavit of voter registration electronically on the Secretary of State’s Internet Web site, print a hard copy  hardcopy  of the completed affidavit, and mail or deliver the hard copy  hardcopy  of the completed affidavit to the Secretary of State or the appropriate county elections official pursuant to subdivision (d) of Section 2196.
(c) (1)  A voter registration agency may take steps to ensure that the information entered into a shall, for each person who indicates on his or her electronic voter preference form that he or she would like to apply to register to vote, 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 relating to the service or assistance, will be automatically transferred to  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 if the person indicates that he or she would like to register to vote. registration. 
(2) A system for electronic transmission of information developed pursuant to this subdivision shall be designed to ensure the secure electronic storage of information by, and the secure electronic transmission of information between, the Secretary of State and the voter registration agency.
(d) The Secretary of State shall take steps to ensure that the electronic affidavit of voter registration is available, and may be electronically submitted and verified, in all languages in which a county is required to provide voting materials pursuant to Section 203 (52 (42  U.S.C. Sec. 10503) 1973aa-1a)  or Section 4(f)(4) (52 (42  U.S.C. Sec. 10303(f)(4)) 1973b(f)(4))  of the federal Voting Rights Act of 1965.

SEC. 5.

 Chapter 8 (commencing with Section 2600) is added to Division 2 of the Elections Code, to read:

CHAPTER  8. Department of Motor Vehicles’ Paperless Voter Registration
2600.
 (a) The Department of Motor Vehicles shall ensure that any electronic system developed or modified to comply with this chapter, in use on or after the operative date of this chapter, and through 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 relating to a driver’s license or state identification card, 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.
(b) The Department of Motor Vehicles shall work jointly with the Secretary of State to ensure that the system described in subdivision (a) does both of the following:
(1) Provides all notices required by the federal National Voter Registration Act of 1993 (42 U.S.C. Sec. 1973gg et seq.).
(2) For each person who indicates that he or she would like to apply to register to vote or update his or her voter registration information, electronically transmits to the Secretary of State, in a format prescribed by 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.
(c) The system described in subdivision (a) shall be designed to ensure the secure electronic storage of information by, and the secure electronic transmission of information between, the Secretary of State and the Department of Motor Vehicles.
2601.
 (a) The Secretary of State shall, on or before January 1 of each year, submit a report to the Legislature on the effectiveness of this chapter. The report shall include all of the following information:
(1) The number of electronic transmissions of voter registration information made from the Department of Motor Vehicles to the Secretary of State pursuant to this chapter.
(2) The number of voters who submitted an electronic affidavit of voter registration on the Internet Web site of the Secretary of State using the system described in Section 2600.
(3) The number of voters who submitted an application to update voter registration information using the system described in Section 2600.
(b) (1) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed four years after the date upon which this chapter becomes operative.
SEC. 6.
 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 7.
 (a) Section 3 of this bill shall become operative on 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 (42 U.S.C. Sec. 15301 et seq.).
(b) Sections 4 and 5 of this bill shall become operative 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 (42 U.S.C. Sec. 15301 et seq.).