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SB-846 Voter registration: California New Motor Voter Program.(2023-2024)

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Date Published: 02/17/2023 09:00 PM
SB846:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 846

Introduced by Senators Limón and Menjivar
(Coauthors: Senators Becker and Newman)
(Coauthors: Assembly Members Gipson, Holden, McKinnor, Pellerin, and Ting)

February 17, 2023

An act to amend Sections 2264, 2265, 2266, 2267, 2270, and 2401 of, and to add Sections 2265.1 and 2278 to, the Elections Code, relating to voting.


LEGISLATIVE COUNSEL'S DIGEST


SB 846, as introduced, Limón. Voter registration: California New Motor Voter Program.
Existing law requires, in conformance with federal law, that the Secretary of State and the Department of Motor Vehicles establish and implement the California New Motor Voter Program for the purpose of increasing opportunities for voter registration for qualified voters. Existing law requires the department to transmit to the Secretary of State specified information related to a person’s eligibility to vote, which the person provides when applying for a driver’s license or identification card or when the person notifies the department of an address change. Existing law requires that if this information transmitted to the Secretary of State constitutes a completed affidavit of registration, the Secretary of State must register or preregister the person to vote, as applicable, unless the person affirmatively declines to register or is ineligible to vote, as specified.
This bill would additionally require the Department of Motor Vehicles to transmit specified information to the Secretary of State for a person submitting a driver’s license application who provides documentation demonstrating United States citizenship and that the person is of an eligible age to register or preregister to vote. The bill would deem this information to constitute a completed affidavit of registration for such persons, and require the Secretary of State to register or preregister the person to vote, unless the Secretary of State determines they are ineligible. The bill would require, if a person is registered or preregistered to vote in this manner, that the county elections official send a notice to the person advising that they may decline to register or preregister to vote, designate a party preference, or select a language preference. The bill would also require the county elections official to send a notice to a person who is already registered to vote, but for whom the Secretary of State changes their registration information after receiving updated name or address information from the department.
This bill would prohibit the department from providing a person the opportunity to attest to meeting voter eligibility requirements when they submit a driver’s license application, if the person provides a document to the department during the transaction demonstrating that the person is not a United States Citizen.
This bill would expand the definition of “voter registration agency” to include entities designated by the Secretary of State. The bill would require the Secretary of State to establish a schedule whereby specified voter registration agencies must provide the Secretary of State electronic information regarding individuals who are eligible to vote or who provide updated registration information.
This bill would make these provisions operative on the earlier of January 1, 2026, or 5 days after the Secretary of State certifies that the information technology infrastructure to substantially implement the bill is functional. The bill would allow the Secretary of State, commencing January 1, 2024, to perform administrative actions necessary to implement these provisions.
By imposing new duties on county elections officials with respect to voter registration, 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 2264 of the Elections Code is amended to read:

2264.
 (a) Every With respect to every driver’s license application application, the department shall either include a voter registration application. All application as further specified in Section 2265 or provide to the Secretary of State the voter registration information specified in Section 2265.1, as applicable.
(b) All of the following apply to the voter registration application included with the driver’s license application: application that is subject to Section 2265.
(1) The voter registration application shall require only the minimum information necessary to prevent duplicate voter registrations and to enable the Secretary of State to assess the eligibility of the applicant and to administer voter registration and other procedures for elections.
(2) The voter registration application shall not require any information that duplicates information required for the driver’s license application, other than an additional signature or other information required by paragraph (3).
(3) The voter registration application shall include all of the following:
(A) A statement of the voter eligibility requirements, including those regarding citizenship.
(B) An attestation that the applicant meets each voter eligibility requirement.
(C) The signature of the applicant, under penalty of perjury.
(D) An opportunity to decline to register to vote.

(b)

(c) A voter who attests to the voter’s eligibility as part of a voter registration application pursuant to Section 2265 shall be registered to vote unless the voter affirmatively declines to register to vote.

SEC. 2.

 Section 2265 of the Elections Code is amended to read:

2265.
 (a) (1) The department, in consultation with the Secretary of State, shall establish a schedule and method for the department to electronically provide to the Secretary of State the records specified in this section.
(2) The department and the Secretary of State shall develop and enter into an interagency agreement specifying how the department and the Secretary of State will cooperate to fulfill the requirements of this chapter. The agreement shall be updated as necessary, and the current version of the agreement shall be published on the internet website of the Secretary of State, except those parts of the agreement for which publication would compromise security.
(b) (1) The department shall provide to the Secretary of State, in a manner and method to be determined by the department in consultation with the Secretary of State, the following information associated with each person who submits a driver’s license application: application, provided that they are not currently registered to vote in California and the information is not subject to transmission to the Secretary of State pursuant to Section 2265.1:
(A) Name.
(B) Date of birth.
(C) Either or both of the following, as contained in the department’s records:
(i) Residence address.
(ii) Mailing address.
(D) Digitized signature, as described in Section 12950.5 of the Vehicle Code.
(E) Telephone number, if available.
(F) Email address, if available.
(G) Language preference, if available.
(H) Political party preference, if available.

(I)Whether the person chooses to become a permanent vote by mail voter, if available.

(J)

(I) Whether the person affirmatively declined to become registered or preregistered to vote during a transaction with the department.

(K)

(J) A notation that the applicant has attested that the person meets all voter eligibility requirements, including United States citizenship, specified in Section 2101 and, as applicable, the preregistration eligibility requirements in subdivision (d) of Section 2102.

(L)

(K) Other information specified in regulations implementing this chapter.
(2) (A) A completed voter registration application included with a driver’s license application and accepted at the department shall be transmitted to the Secretary of State no later than 10 days after the department accepts it.
(B) A completed voter registration application accepted within five days of the last day to register to vote for a federal or statewide election shall be transmitted to the Secretary of State no later than five days after the date of acceptance.
(C) (i) For purposes of establishing the department’s transmittal deadlines required by this paragraph and by Section 20504(e) of Title 52 of the United States Code, the completed voter registration application included with the driver’s license application shall be deemed accepted on the date the completed voter registration application arrives at the department, whether by mail, in person, electronically, or in another manner, the application contains all of the information in paragraph (1) except to the extent paragraph (1) requires certain information to be provided only if available, and the department approves the documentation of identity submitted by the applicant that is required by the Vehicle Code for the type of license or identification card for which the applicant has applied.
(ii) This subparagraph shall become operative upon the completion of the Digital eXperience Platform project described in Item 2740-001-0044 of the Budget Act of 2021 (Chs. 21 and 69, Stats. 2021), or on July 1, 2025, whichever is earlier.
(3) (A) The department shall accept and transmit a completed voter registration application included with a driver’s license application as described in paragraph (2) even if, pursuant to the Vehicle Code, the driver’s license application is incomplete or the driver’s license or identification card associated with the voter who submitted the voter registration application is inactive due to a failure to pay fees, or any other reason that is unrelated to either of the following:
(i) The department’s approval of an applicant’s identity documentation pursuant to the Vehicle Code.
(ii) An elections official’s ability to prevent duplicate voter registrations or preregistrations, to assess the eligibility of the applicant, or to administer voter registration, preregistration, and other elections procedures.
(B) This paragraph shall become operative upon the completion of the Digital eXperience Platform project described in Item 2740-001-0044 of the Budget Act of 2021 (Chs. 21 and 69, Stats. 2021), or on July 1, 2025, whichever is earlier.
(4) (A) The department may provide the records described in paragraph (1) to the Secretary of State before the Secretary of State certifies that all of the conditions set forth in subdivision (e) of this section have been satisfied. Records provided pursuant to this paragraph shall only be used for purposes of outreach and education to eligible voters conducted by the Secretary of State.
(B) The Secretary of State shall provide materials created for purposes of outreach and education as described in this paragraph in languages other than English, as required by the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).
(5) If at the time of the transaction with the department, the person provides a document that demonstrates the person is not a United States citizen, the person shall not be offered the opportunity to attest that the person meets all voter eligibility requirements and the department shall not electronically provide records of that person to the Secretary of State.
(c) The Secretary of State shall not sell, transfer, or allow any third party access to the information acquired from the department pursuant to this chapter without approval of the department, except as permitted by this chapter and Section 2194.
(d) The department shall not electronically provide records of a person who applies for or is issued a driver’s license pursuant to Section 12801.9 of the Vehicle Code because the person is unable to submit satisfactory proof that the person’s presence in the United States is authorized under federal law.
(e) Except as provided in paragraphs (2) and (3) of subdivision (b), the department shall commence implementation of this section no later than one year after the Secretary of State certifies all of the following:
(1) The state has a statewide voter registration database that complies with the requirements of the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.).
(2) The Legislature has appropriated the funds necessary for the Secretary of State and the department to implement and maintain the California New Motor Voter Program.
(3) The regulations required by Section 2277 have been adopted.
(f) The department shall not electronically provide records pursuant to this section that contain a home address designated as confidential pursuant to Section 1808.2, 1808.4, or 1808.6 of the Vehicle Code.
(g) It is the intent of the Legislature that the department continue its best practice of sending notice to voters when there is a delay in processing completed voter registration applications. It is further the intent of the Legislature that the notices continue to provide information about alternative options for submitting a voter registration application.

SEC. 3.

 Section 2265.1 is added to the Elections Code, to read:

2265.1.
 (a) The Department of Motor Vehicles, in consultation with the Secretary of State, shall establish a schedule and method for the department to electronically provide to the Secretary of State the records specified in this section.
(b) (1) This subdivision applies to a person who meets all of the following conditions:
(A) The person is not currently registered to vote in California.
(B) The person submits a driver’s license application.
(C) In the course of the person’s business with the department, the person has provided documentation demonstrating United States citizenship and that the person is of an eligible age to register or preregister to vote.
(2) For each person who meets the conditions of paragraph (1), the department shall provide to the Secretary of State, in a manner and method to be determined by the department in consultation with the Secretary of State, the following information about the person:
(A) Name.
(B) Date of birth.
(C) Either or both of the following, as contained in the department’s records:
(i) Residence address.
(ii) Mailing address.
(D) Digitized signature, as described in Section 12950.5 of the Vehicle Code.
(E) Telephone number, if available.
(F) Email address, if available.
(G) The language in which the person conducted the transaction with the department.
(H) Other information specified in regulations implementing this chapter.
(c) For a person who is currently registered to vote in California and who submits a driver’s license application, the department shall provide to the Secretary of State, in a manner and method to be determined by the department and the Secretary of State, information regarding the person’s name and address and any additional information required by the Secretary of State, for the purpose of maintaining current information for the person’s voter registration.
(d) The department shall not electronically provide records pursuant to this section that contain a home address designated as confidential pursuant to Section 1808.2, 1808.4, or 1808.6 of the Vehicle Code.
(e) This section shall not be construed to amend the substantive qualifications for voter registration in California or to require documentary proof of citizenship for voter registration.
(f) This section shall not be construed to provide a retroactive basis to register a person to vote or to update voter registration information based on information in the possession of the department in the absence of a transaction by the person.
(g) The Secretary of State and the department shall jointly develop a process by which the department, upon obtaining a person’s full name, date of birth, driver’s license or state identification number, residence address, and mailing address if different from residence address, may use information from the statewide voter registration database to determine whether the person is already registered to vote in the state. The Secretary of State may satisfy the requirement in this subdivision by providing a copy of the statewide voter registration database to the department on a daily basis.

SEC. 4.

 Section 2266 of the Elections Code is amended to read:

2266.
 (a) The willful, unauthorized disclosure of information obtained from the department pursuant to Section 2265 or 2265.1 to any person, or the use of any false representation to obtain any of that information or the use of any of that information for a purpose other than as stated in Section 2265, 2265 or 2265.1, is a misdemeanor punishable by a fine not exceeding five thousand dollars ($5,000) or imprisonment in the county jail not exceeding one year, 364 days, or both fine and imprisonment.
(b) The Secretary of State shall establish procedures to protect the confidentiality of the information acquired from the department pursuant to Section 2265. 2265 or 2265.1. The disclosure of this information shall be governed by the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code), and the Secretary of State shall account for any disclosures, including those due to security breaches, in accordance with that act.

SEC. 5.

 Section 2267 of the Elections Code is amended to read:

2267.
 (a) (1) If the records of a person designated in paragraph (1) of subdivision (b) of Section 2265 constitute a completed voter registration application, the Secretary of State shall register the person to vote, or, as applicable, preregister the person to vote, unless any of the following conditions is satisfied:

(1)

(A) The person’s records, as described in Section 2265, reflect that the person affirmatively declined to become registered or preregistered to vote during a transaction with the department.

(2)

(B) The person’s records, as described in Section 2265, do not reflect that the person has attested to meeting all voter eligibility requirements specified in Section 2101 or, as applicable, all preregistration eligibility requirements in subdivision (d) of Section 2102.

(3)

(C) The Secretary of State determines that the person is ineligible to vote or, as applicable, will be ineligible to vote when the person reaches 18 years of age.
(2) For any person registered pursuant to this subdivision, the statewide voter registration database shall include a notation that the person was registered pursuant to Section 2265.
(b) The records of a person designated in paragraph (1) of subdivision (b) of Section 2265.1 shall constitute a completed affidavit of registration, and the Secretary of State shall register or preregister that person to vote, as applicable, unless the Secretary of State determines, respectively, that the person is ineligible to vote or will be ineligible to vote when the person reaches 18 years of age. For any person registered pursuant to this subdivision, the statewide voter registration database shall include a notation that the person was registered pursuant to Section 2265.1.

(b)

(c) If the record for a person who is registered or preregistered to vote pursuant to this chapter does not provide or contain a party preference, the person’s party preference shall be designated as “Unknown” on a voter registration index under Article 5 (commencing with Section 2183) of Chapter 2, and the person shall otherwise be treated as a “No Party Preference” voter.
(d) (1) When a person whose information was transmitted to the department pursuant to subdivision (b) of Section 2265.1 becomes registered or preregistered to vote, the appropriate county elections official shall send to the person’s address of record, by nonforwardable mail, a notice that the person has been registered or preregistered to vote, as applicable. The notice shall include a postage paid preaddressed return form by which the person may decline to be registered or preregistered, designate a party preference, or select a language preference. The notice may be combined with the notice required under Section 20507(a)(2) of Title 52 of the United States Code. The notice shall also do all of the following:
(A) Offer the person the opportunity to provide a party preference, state that doing so may be required in order to vote in that party’s presidential primary election, and state that the person may also provide a party preference via the state’s online voter registration system.
(B) Offer the person the opportunity to select a language preference.
(C) Include an explanation of the eligibility requirements to register or preregister to vote, and a statement that, if the person is not eligible, the person should decline to register or preregister using the preaddressed return form.
(D) State the penalties for providing false information.
(E) Include a statement that, if the person declines to register or preregister to vote, the fact that the person has declined will remain confidential and will be used only for election administration purposes.
(F) Include a statement that, if the person does not decline to be registered or preregistered to vote, the department office at which the person was registered or preregistered will remain confidential and will be used only for election administration purposes.
(G) Provide information regarding how a person can obtain assistance and additional information about the notice.
(2) If the notice described in paragraph (1) is returned as undeliverable, the county elections official shall send the person a notice pursuant to subdivision (c) of Section 2225.
(e) All of the following apply if a person returns the return form described in paragraph (1) of subdivision (d):
(1) If the person indicates a party preference, the person’s party preference shall be changed and marked as effective as of the date the form is received.
(2) If the person selects a language preference, the language preference shall be retained as part of the person’s registration information.
(3) If the person declines to be registered to vote, the person’s registration or preregistration shall be canceled, and the person shall be deemed to have never registered or preregistered to vote. Information related to the person’s declining to be registered or preregistered to vote shall not be used for any purpose other than the administration of elections.
(4) If the person is registered or preregistered to vote and thereafter returns the form indicating that the person declines to be registered or preregistered to vote, but before returning the form the person votes in an election, the person’s declining to register or preregister to vote on the return form shall have no force or effect.
(5) If a person returns a form but does not select or indicate any new information on the form, the form is of no force or effect.

(c)

(f) If the Secretary of State receives from the department pursuant to paragraph (1) of subdivision (b) of Section 2265 the records of a person who is currently registered to vote, the Secretary of State shall use the information in the records to update the voter’s registration information. If the Secretary of State does not receive information for the voter pursuant to paragraph (1) of subdivision (b) of Section 2265 for which space is provided on the voter registration application, but that information was provided in the voter’s previous voter registration application, that information from the voter’s previous voter registration application shall remain part of the voter’s record. subdivision (c) of Section 2265.1 information that indicates a person who is currently registered to vote has a different name or address than the name or address included in the person’s voter registration record, all of the following shall occur:
(1) The Secretary of State shall use the new information to update the name or address in the voter’s registration record and shall have the voter’s registration status updated to active.
(2) (A) The appropriate county elections officials shall send to the person’s address of record, by forwardable mail, notice of the change and a postage paid preaddressed return form by which the person may verify or correct the information. The notice shall also provide information regarding how a person can obtain assistance and additional information about the notice.
(B) If the person returns the form described in subparagraph (A) indicating that the update to the name or address in the person’s registration information was in error, the appropriate county elections officials shall immediately correct the information in the statewide voter registration database.
(g) (1) This subdivision applies to the notices described in paragraph (1) of subdivision (d) and subparagraph (A) of paragraph (2) of subdivision (f).
(2) The Secretary of State shall prescribe the form of the notices.
(3) The Secretary of State shall ensure that for each county with citizens of language minorities that qualify under Section 14201 of this code or Section 10503 of Title 52 of the United States Code, the notices shall be translated into all qualifying minority languages for the county, made publicly available, and provided to the county for its use. The Secretary of State shall also ensure that each notice contains, at a minimum, the following information translated into all qualifying minority languages for the county:
(A) Information regarding how a person can obtain assistance in the person’s minority language and additional information about the notice.
(B) With respect to the notice described in paragraph (1) of subdivision (d), the following information:
(i) The statement that the person has been registered to vote or preregistered to vote, as applicable.
(ii) The explanation of the eligibility requirements to register or preregister to vote and a statement that, if the person is not eligible, the person should decline to register or preregister to vote.
(C) With respect to the notice described in subparagraph (A) of paragraph (2) of subdivision (f), the statement that the person’s voter registration information has changed.
(4) The Secretary of State shall promulgate regulations to ensure compliance by counties with this subdivision.

SEC. 6.

 Section 2270 of the Elections Code is amended to read:

2270.
 (a) If a person who is ineligible to vote becomes registered or preregistered to vote pursuant to this chapter in the absence of a violation by that person of Section 18100, that person’s registration or preregistration shall be presumed to have been effected with official authorization and not the fault of that person.
(b) The Secretary of State and the Department of Motor Vehicles shall develop procedures to ensure that a driver’s license, identification card, or other identifying information submitted by an applicant pursuant to this chapter is sufficiently evaluated to determine whether the applicant is eligible to register or to preregister to vote and to protect against future erroneous registrations or preregistrations. If it becomes known to the Secretary of State or the department that either the Secretary of State or the department, or both, committed an error resulting in the registration or preregistration of an ineligible person pursuant to this chapter, and unless there is clear and convincing evidence that the person has violated Section 18100, the Secretary of State or the department shall do both of the following:
(1) Immediately contact the person to inform the person of the erroneous registration or preregistration.
(2) Provide the person a letter asserting that the Secretary of State or the department, or both, was responsible for the erroneous registration or preregistration. A copy of this letter shall be maintained permanently in the person’s file with the department and shall be accessible to the person upon request.

SEC. 7.

 Section 2278 is added to the Elections Code, to read:

2278.
 (a) A voter registration agency, as defined in Section 2401, shall annually provide to the Secretary of State information describing each designated office under the agency’s supervision, the type of services the office provides, and a designated voter registration contact for that office. At the earliest practicable time, the Secretary of State or the Secretary of State’s designee shall assess which voter registration agencies, in the regular course of business and substantially in accordance with the procedures set forth in this chapter that apply to the department, collect sufficient information from applicants to confirm eligibility for registration or to update information for an existing registration, or both.
(b) (1) When the Secretary of State or the Secretary of State’s designee determines that during the regular course of business a voter registration agency collects the necessary information either to confirm eligibility for voter registration or to update information for an existing registration, or both, the Secretary of State shall establish a schedule by which the agency shall begin prospectively providing to the Secretary of State electronic records regarding individuals eligible to register to vote or individuals with updated voter registration information, or both if applicable.
(2) When the voter registration agency provides, and the Secretary of State or the county elections official processes, the electronic records described in paragraph (1), they shall do so substantially in accordance with the procedures and requirements set forth in this chapter that apply to the department, subject to any modifications necessary to comply with federal law.
(3) Notwithstanding any other law, the Secretary of State may develop procedures for processing electronic records received from an agency without an image of the applicant’s signature.
(4) This section shall not be construed to provide a retroactive basis to register individuals to vote or to update voter registration information based on information previously in the possession of the Secretary of State, the department, or another voter registration agency.

SEC. 8.

 Section 2401 of the Elections Code is amended to read:

2401.
 For purposes of this chapter, the following terms have the following meanings:
(a) “Voter preference form” means the form described in Section 20506(a)(6)(B) of Title 52 of the United States Code.
(b) “Voter registration agency” means either of the following:
(1) A department, division, or office of state or local government, or a program supported by state funds, that is designated by executive order of the Governor or pursuant to the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.) seq.), or that is designated by the Secretary of State, as a voter registration agency.
(2) A private entity under contract with a designated voter registration agency to provide services or assistance on behalf of the designated voter registration agency.

SEC. 9.

 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. 10.

 (a) This act shall become operative on the earlier of the following:
(1) January 1, 2026.
(2) Five days after the date the Secretary of State certifies that the information technology infrastructure to substantially implement this act is functional.
(b) Notwithstanding subdivision (a), the Secretary of State may perform administrative actions necessary to implement this act prior to the operative date of this act.