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California Statutes § 2265 Schedule and method for department to electronically provide records to secretary of state

⤴ Up to Chapter 4.5: California New Motor Voter Program

Statute Text

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

History

Amended by Stats 2022 ch 28 ( SB 1380 ) , s 40 , eff. 1/1/2023 .

Renumbered as Ca. Elec. Code §2267 by Stats 2021 ch 314 ( AB 796 ) , s 6 , eff. 1/1/2022 .

Renumbered from Ca. Elec. Code §2263 and amended by Stats 2021 ch 314 ( AB 796 ) , s 3 , eff. 1/1/2022 .

Amended by Stats 2018 ch 4 ( AB 1407 ) , s 1 , eff. 1/1/2019 .

Added by Stats 2015 ch 729 ( AB 1461 ) , s 3 , eff. 1/1/2016 .

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