Bill Text: CA AB2065 | 2015-2016 | Regular Session | Amended
Bill Title: Voter registration: California New Motor Voter Program.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2016-11-30 - From committee without further action. [AB2065 Detail]
Download: California-2015-AB2065-Amended.html
BILL NUMBER: AB 2065 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 18, 2016
INTRODUCED BY Assembly Member Harper
( Coauthor: Assembly Member
Gallagher )
FEBRUARY 17, 2016
An act to amend Sections 2263 and 2265 of the Elections Code,
relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 2065, as amended, Harper. Voter registration: California New
Motor Voter Program.
Existing law requires the Department of Motor Vehicles to issue
driver's licenses and state identification cards to applicants who
meet specified criteria and provide the department with the required
information. Existing law generally requires an applicant for an
original driver's license or state identification card to submit
satisfactory proof to the department that the applicant's presence in
the United States is authorized under federal law.
Existing law, the California New Motor Voter Program, requires the
Department of Motor Vehicles to electronically provide to the
Secretary of State the records of each person who is issued an
original or renewal of a driver's license or state identification
card or who provides the department with a change of address, as
specified. The person's motor vehicle records will then constitute a
completed affidavit of registration and the person will be registered
to vote, unless the person affirmatively declines to become
registered to vote during a transaction with the department, among
other conditions.
This bill would require the Department of Motor Vehicles to
electronically provide records of a person to the Secretary of State
pursuant to this program only if the person has submitted proof that
he or she is a citizen of the United States, as specified. This bill
would also require that a person affirmatively agree to become
registered to vote during a transaction with the department in order
for his or her records to constitute a completed affidavit of
registration and for the Secretary of State to register him or her to
vote.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2263 of the Elections Code is amended to read:
2263. (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) 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 an application for a driver's
license or identification card pursuant to Section 12800, 12815, or
13000 of the Vehicle Code, or who notifies the department of a change
of address pursuant to Section 14600 of the Vehicle Code, if the
proof that the person is required to submit to prove that his or her
presence in the United States is authorized under federal law also
establishes that the person is a citizen of the United States:
(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.
(H) Political party preference.
(I) Whether the person chooses to become a permanent vote by mail
voter.
(J) Whether the person affirmatively agreed to become registered
to vote during a transaction with the department.
(K) A notation that the applicant has attested that he or she
meets all voter eligibility requirements, including United States
citizenship, specified in Section 2101.
(L) Other information specified in regulations implementing this
chapter.
(2) (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 the 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 educational purposes 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).
(c) The Secretary of State shall not sell, transfer, or allow any
third party access to the information acquired from the Department of
Motor Vehicles 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 he or she is unable to
submit satisfactory proof that his or her presence in the United
States is authorized under federal law.
(e) The Department of Motor Vehicles shall commence implementation
of this section no later than one year after the Secretary of State
certifies all of the following:
(1) The State 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 of Motor Vehicles to implement
and maintain the California New Motor Voter Program.
(3) The regulations required by Section 2270 have been adopted.
(f) The Department of Motor Vehicles 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.
SEC. 2. Section 2265 of the Elections Code is amended to read:
2265. (a) The records of a person designated in paragraph (1) of
subdivision (b) of Section 2263 shall constitute a completed
affidavit of registration and the Secretary of State shall register
the person to vote if all of the following conditions are satisfied:
(1) The person's records, as described in Section 2263, reflect
that he or she affirmatively agreed to become registered to vote
during a transaction with the Department of Motor Vehicles.
(2) The person's records, as described in Section 2263, reflect
that he or she has attested to meeting all voter eligibility
requirements specified in Section 2101.
(3) The Secretary of State has not determined that the person is
ineligible to vote.
(b) (1) If a person who is registered to vote pursuant to this
chapter does not provide a party preference, his or her party
preference shall be designated as "Unknown" and he or she shall be
treated as a "No Party Preference" voter.
(2) A person whose party preference is designated as "Unknown"
pursuant to this subdivision shall not be counted for purposes of
determining the total number of voters registered on the specified
day preceding an election, as required by subdivision (b) of Section
5100 and subdivision (c) of Section 5151.
