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AB-1137 Elections: voter registration agencies.(2021-2022)

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Date Published: 04/21/2021 09:00 PM
AB1137:v97#DOCUMENT

Amended  IN  Assembly  April 21, 2021
Amended  IN  Assembly  March 25, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1137


Introduced by Assembly Member Members Mullin and Lorena Gonzalez

February 18, 2021


An act to add and repeal Section 2408.5 of the Elections Code, relating to elections.


LEGISLATIVE COUNSEL'S DIGEST


AB 1137, as amended, Mullin. Elections: voter registration agencies.
Existing law requires 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, to implement a process and infrastructure that allows an applicant to electronically submit a voter preference form to the voter registration agency. If a person indicates on the electronic voter preference form that they would like to register to vote, existing law requires that the person be informed that they may register to vote electronically on the Secretary of State’s internet website, as specified. Existing law authorizes a voter registration agency to take steps to ensure that the information entered into a person’s electronic application will be automatically transferred to the electronic affidavit of voter registration if the person indicates that the person would like to register to vote.
This bill would require the Secretary of State, no later than July 1, 2022, to report to the Legislature regarding the process and infrastructure established by each voter registration agency to allow a person who applies online to electronically submit a voter preference form and an affidavit of voter registration and the feasibility of the voter registration agency establishing a process and infrastructure to implement automated voter registration, as specified. The bill would require a voter registration agency to provide the Secretary of State with all information that the Secretary of State identifies as necessary to complete the report. By imposing additional duties on voter registration agencies, the bill would impose a state-mandated local program.
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 the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 2408.5 is added to the Elections Code, to read:

2408.5.
 (a) No later than July 1, 2022, the Secretary of State shall report to the Legislature regarding all of the following:
(1) The voter registration agencies that have implemented a process and infrastructure pursuant to Section 2408 that allows a person who applies online for service or assistance, or submits a recertification, renewal, or change of address form relating to the service or assistance online, to electronically submit a voter preference form and an affidavit of voter registration.
(2) For a voter registration agency that has implemented a process and infrastructure pursuant to Section 2408, information on the process and infrastructure, including all of the following:
(A) Any security procedures to protect the information submitted online by an applicant.
(B) Any procedures to ensure that an applicant who is not eligible to register to vote is not registered to vote.
(C) Any steps taken by the voter registration agency pursuant to subdivision (c) of Section 2408 to ensure that the information entered into an applicant’s electronic application will be automatically transferred to the electronic affidavit of voter registration if the applicant indicates that the applicant would like to register to vote.
(3) The feasibility of each voter registration agency establishing a process and infrastructure to implement automated voter registration securely that securely and automatically registers an applicant to vote, unless the applicant affirmatively declines to be registered, while protecting noncitizens from mistaken registration.
(b) A voter registration agency shall provide the Secretary of State all information that the Secretary of State identifies as necessary to complete the report described in subdivision (a).
(c) (1) A report to be submitted 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 on July 1, 2026.

SEC. 2.

 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.