Chapter 4.5California New Motor Voter Program
Section § 2260
This section establishes the name of the law as the California New Motor Voter Program.
Section § 2261
California's Legislature acknowledges that voter registration is a major obstacle to democratic participation. The 1993 National Voter Registration Act, known as the 'Motor Voter Law,' aims to increase voter registration as voting is a fundamental right. California intends to create the New Motor Voter Program to offer more opportunities for citizens to exercise their right to vote.
Section § 2262
This section defines key terms for voter registration connected to the driver's license application process. A 'completed voter registration' means part of a driver's license application that includes voter registration details, provided the applicant hasn't declined to register and there's no legal reason preventing its transmission. It must have the necessary information to avoid duplicate registrations and to determine voter eligibility.
The term 'Department' refers to the Department of Motor Vehicles, and 'driver’s license application' includes applications, renewals, or address changes related to driver’s licenses or ID cards as specified by the Vehicle Code.
Section § 2263
This law establishes the California New Motor Voter Program, which aims to make it easier for eligible people to register to vote when they interact with the Department of Motor Vehicles (DMV). The law clarifies that the DMV is not responsible for checking if someone is eligible to vote; that task is solely up to the Secretary of State.
Section § 2264
When you apply for a driver's license in California, it will automatically include a voter registration application. This application requires only the basic information needed to prevent duplicate registrations and to verify eligibility. It won’t ask for duplicate details that are already part of the driver's license application, except for an extra signature or specific required information.
The voter registration part will also provide a list of voter eligibility requirements, a section to confirm you meet those requirements, your signature confirming this under penalty of perjury, and a choice to opt out of registering. If you confirm your eligibility without opting out, you'll be registered to vote.
Section § 2265
This law requires the Department of Motor Vehicles (DMV) to work with the Secretary of State to create a process for sending voter registration information electronically. When someone applies for a driver’s license, certain information, like their name, address, and political party preference, will be transferred to the Secretary of State. This information helps the state register people to vote or update their registration. Voter registration forms completed at the DMV must be sent to the Secretary of State within certain timeframes. The DMV can't send records for people who can't verify their U.S. legal presence. Additionally, any outreach materials will be multilingual where necessary. The law includes exceptions and guidelines for protecting privacy, like not sharing confidential address information.
Section § 2266
This law makes it illegal to disclose information from the department without permission or to misuse that information. If someone does this on purpose, they could face a fine up to $5,000, up to a year in county jail, or both. Additionally, the Secretary of State must set up procedures to keep this information private. The Information Practices Act of 1977 regulates how this information can be shared, and the Secretary must track any breaches or unauthorized disclosures.
Section § 2267
This section explains the process for managing voter registration and preregistration in California using records from certain government transactions. If a person's records show a completed voter registration application, they will be registered or preregistered unless they declined, haven't confirmed eligibility, or are ineligible to vote. If a person doesn’t choose a political party, they will be marked 'Unknown' and treated as 'No Party Preference.' If a person’s registration needs updating and new information matches previous records, the existing data will be retained.
Section § 2268
This law allows any person who is registered or preregistered to vote to cancel their voter registration or preregistration whenever they want, using the same methods available to all voters.
Section § 2269
This law ensures that a person's voter registration information stays confidential. It specifically protects the privacy of individuals who are victims of domestic violence, sexual assault, or stalking, as well as reproductive health care providers, employees, volunteers, and patients. Public safety officers and individuals facing life-threatening circumstances can also expect confidentiality for their voter registration details. Furthermore, it covers certain qualified workers.
Section § 2270
If someone registers or preregisters to vote but they're actually not eligible, they won't be blamed for it as long as they didn't break another specific voting law. The system assumes it was a mistake made with official permission, not their fault.
Section § 2271
This law says that if someone who is not eligible to vote registers or preregisters and then votes or tries to vote, they won't be considered guilty of voter fraud if they believed they were allowed to vote. However, if they knowingly vote or try to vote when they know they're not supposed to, then it is considered fraudulent.
Section § 2272
This law outlines the responsibilities of the NVRA coordinators at the department and the Secretary of State’s office in California to ensure compliance with voter registration laws. The department’s NVRA coordinator is responsible for processing voter registrations accurately, training employees, updating agreements, and reporting any violations. Meanwhile, the Secretary of State’s NVRA coordinator must monitor voter records, ensure timely processing of registrations, coordinate with the department, and publish monthly and annual reports. Both coordinators work to meet federal and state requirements for voter registration.
Section § 2273
This law requires both the Department's NVRA (National Voter Registration Act) coordinator and the Secretary of State's NVRA coordinator to provide annual training sessions to employees. These training sessions happen as part of new employee orientations and focus on the California New Motor Voter Program and the federal NVRA. The training covers how to handle voter information, including the rules for accepting information, deadlines for processing, and how to report errors or delays. It also includes procedures for monitoring the timeliness and quality of voter registration data. Essentially, it's about making sure that everyone involved is up to speed on how to properly manage voter registration information.
Section § 2274
This law requires a department to work with the Secretary of State to ensure timely voter registration processing. Each month, the department must report specific information about the previous month's voter registrations to the Secretary of State, including late applications, notices sent, and any processing issues. The Secretary of State must then publish some of this information online within 10 days.
Section § 2275
This section mandates the Secretary of State to create a taskforce with members from various fields, including election experts, language accessibility experts, disability advocates, and civic design experts. The taskforce must meet at least four times a year, working alongside the Secretary of State and relevant departments to develop an annual review and improve the California New Motor Voter Program's implementation. The law is set to expire on January 1, 2030, unless extended or altered before that date.
Section § 2276
Every year, the Secretary of State needs to evaluate how well the California New Motor Voter Program works. They'll write a report that covers a few key areas.
This includes looking at trends in voter registrations through the program, analyzing specific data from the previous year, and reporting any major mistakes or delays in handling voter records and how those issues were fixed.
Section § 2277
This section explains that the Secretary of State in California needs to establish regulations for two main things related to the California New Motor Voter Program. First, there must be a way to cancel the voter registration of individuals who shouldn’t be registered but got registered by mistake through the program, without them breaking the law. Second, there should be an education and outreach effort to inform voters about the program. This outreach should include materials in multiple languages, as required by federal law.