Section § 2400

Explanation

This law aims to ensure that California's voter registration services follow the rules and requirements of the federal National Voter Registration Act of 1993. This federal act establishes guidelines for making the voter registration process more accessible and standardized across the country.

It is the intent of the Legislature, in enacting this chapter, to facilitate compliance with the requirements set forth in the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.) relating to voter registration services.

Section § 2401

Explanation

This section defines specific terms related to voter registration. A 'voter preference form' is a federal form used in the voter registration process. A 'voter registration agency' can be a state or local government department or a private entity that helps with voter registration tasks under the National Voter Registration Act of 1993.

For purposes of this chapter, the following terms have the following meanings:
(a)CA Elections Code § 2401(a) “Voter preference form” means the form described in Section 20506(a)(6)(B) of Title 52 of the United States Code.
(b)CA Elections Code § 2401(b) “Voter registration agency” means either of the following:
(1)CA Elections Code § 2401(b)(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.) as a voter registration agency.
(2)CA Elections Code § 2401(b)(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.

Section § 2402

Explanation

This law states that the Secretary of State in California is in charge of overseeing how the state handles voter registration as required by federal law. It also gives the Secretary of State the power to make rules to ensure these voter registration processes are followed effectively.

(a)CA Elections Code § 2402(a) The Secretary of State is the chief state elections official responsible for coordination of the state’s responsibilities under the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.).
(b)CA Elections Code § 2402(b) The Secretary of State shall adopt such regulations as are necessary to implement this chapter and the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.).

Section § 2403

Explanation

This section requires voter registration agencies to follow the rules set by the National Voter Registration Act of 1993. When an agency provides services or updates on an application, it must give applicants a voter preference form, a voter registration card (unless the applicant says they don't want to register), and help in filling out the card unless declined. Importantly, if an applicant doesn't answer the question about registering to vote, it doesn't mean they don't want to register.

(a)CA Elections Code § 2403(a) A voter registration agency shall comply with the applicable duties and responsibilities of a voter registration agency set forth in the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.).
(b)CA Elections Code § 2403(b) A voter registration agency, with each application for service or assistance and with each recertification, renewal, or change of address form relating to the service or assistance, and in accordance with the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.), shall provide to an applicant all of the following:
(1)CA Elections Code § 2403(b)(1) A voter preference form.
(2)CA Elections Code § 2403(b)(2) A voter registration card, unless the applicant, in writing, declines to register to vote.
(3)CA Elections Code § 2403(b)(3) Assistance in completing the voter registration card, unless the applicant refuses the assistance.
(c)CA Elections Code § 2403(c) For purposes of subdivision (b), an applicant’s failure to respond to the question of whether he or she would like to register to vote does not constitute a declination to register.

Section § 2404

Explanation

This section outlines the responsibilities of the California Secretary of State concerning voter registration. The Secretary must work with county election officials and registration agencies to apply the chapter's rules, create training materials, and ensure compliance with the National Voter Registration Act. If agencies aren’t following the rules, the Secretary should contact them and help improve their compliance practices. The Secretary can also review agency and county compliance and post findings on their website.

(a)CA Elections Code § 2404(a) The Secretary of State shall do all of the following:
(1)CA Elections Code § 2404(a)(1) Coordinate with each county elections official and voter registration agency to implement this chapter.
(2)CA Elections Code § 2404(a)(2) Prepare written training materials that describe the responsibilities of a county elections official and voter registration agency pursuant to this chapter and the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.).
(3)CA Elections Code § 2404(a)(3) Contact a voter registration agency if the agency is not complying with the requirements of this chapter and the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.).
(4)CA Elections Code § 2404(a)(4) Coordinate with each state agency that evaluates the performance of an agency designated as a voter registration agency, including doing both of the following:
(A)CA Elections Code § 2404(a)(4)(A) Communicate to the state agency the requirements of, and best practices for complying with, this chapter and the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.).
(B)CA Elections Code § 2404(a)(4)(B) Assist the state agency in its effort to help a voter registration agency comply with the requirements of this chapter or the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.).
(b)CA Elections Code § 2404(b) The Secretary of State may do any of the following:
(1)CA Elections Code § 2404(b)(1) Conduct a review of a voter registration agency’s compliance with the requirements of this chapter or the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.).
(2)CA Elections Code § 2404(b)(2) Conduct a review of a county elections official’s compliance with the requirements of this chapter or the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.) if the county elections official fails to timely submit a report pursuant to Section 2407, or if a report indicates that the county elections official is not complying with the requirements of this chapter or the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.).
(3)CA Elections Code § 2404(b)(3) Post the results of a review conducted pursuant to this subdivision on the Secretary of State’s Internet Web site.

Section § 2405

Explanation

This law section outlines the responsibilities of county elections officials in overseeing voter registration services. They must work with the Secretary of State and local voter registration agencies to comply with California laws and federal laws. Specifically, they need to provide voter registration cards when requested, keep track of how many cards are distributed and returned by each agency, and support training programs for agency employees using materials from the Secretary of State.

(a)CA Elections Code § 2405(a) A county elections official shall be responsible for coordinating with the Secretary of State and each applicable voter registration agency within the county to administer the voter registration services required pursuant to this chapter and the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.).
(b)CA Elections Code § 2405(b) The county elections official shall do all of the following:
(1)CA Elections Code § 2405(b)(1) Provide voter registration cards to a voter registration agency upon request of the voter registration agency.
(2)CA Elections Code § 2405(b)(2) Maintain a record of the number of voter registration cards provided to and received from each voter registration agency, and each office or site of the voter registration agency.
(3)CA Elections Code § 2405(b)(3) Assist a voter registration agency, upon request, in conducting a training program for its employees based on the training materials prepared by the Secretary of State on the requirements of this chapter and the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.).

Section § 2406

Explanation

This law outlines what voter registration agencies in California must do to comply with voter registration requirements. They need to notify local election officials about their office locations and appoint someone to ensure they follow these rules. Agencies must also maintain a supply of voter registration forms in required languages and provide annual training for staff on voter registration laws. Additionally, they can review their processes to ensure compliance with both state and federal laws.

(a)CA Elections Code § 2406(a) A voter registration agency shall do all of the following:
(1)CA Elections Code § 2406(a)(1) Notify the county elections official of each applicable county of the location of each of the voter registration agency’s offices or sites within the county.
(2)CA Elections Code § 2406(a)(2) Designate an agency employee to be responsible for the agency’s compliance with this section.
(3)CA Elections Code § 2406(a)(3) Request voter registration cards from the applicable county elections official, as needed.
(4)CA Elections Code § 2406(a)(4) Take steps to ensure that the voter registration agency, and each office or site of the voter registration agency, has a sufficient supply of voter preference forms and voter registration cards available, including voter preference forms and voter registration cards in all languages required by Section 203 (52 U.S.C. Sec. 10503) or Section 4(f)(4) (52 U.S.C. Sec. 10303(f)(4)) of the federal Voting Rights Act of 1965.
(5)CA Elections Code § 2406(a)(5) Ensure that each employee of the voter registration agency who may provide voter registration services completes, at least once per year, a training based on the training materials prepared by the Secretary of State on the requirements of this chapter and the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.). The voter registration agency may incorporate this training into any other training program provided by the voter registration agency for its employees.
(b)CA Elections Code § 2406(b) A voter registration agency may conduct a review of the agency, or an office or site of the agency, as necessary, to ensure compliance with this chapter and the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.).

Section § 2407

Explanation

Each month, county election officials must report to the Secretary of State how many voter registration cards they received from various agencies and their offices. They have 10 days after the start of the month to do this, using a specific form provided by the Secretary of State. Once received, the Secretary of State will publish this information online.

Within 10 days after the beginning of each calendar month, a county elections official shall report to the Secretary of State, on a form prescribed by the Secretary of State, the number of voter registration cards received from each voter registration agency and from each office or site thereof. The Secretary of State shall post the information contained in each report received from a county elections official on the Secretary of State’s Internet Web site.

Section § 2408

Explanation

This law section requires voter registration agencies to allow people to apply for services online and to submit voter preferences and voter registration forms electronically as well. If a person wants to register to vote, they have options: they can submit an electronic voter registration form online or fill it out online, print it, and send a physical copy by mail. Agencies can streamline this process by automatically transferring information from a person's application to their voter registration form if they indicate they want to register.

The Secretary of State must ensure the electronic voter registration is available and can be submitted in all languages that the county offers voting materials in, according to federal law.

(a)CA Elections Code § 2408(a) 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, shall implement a process and infrastructure that allows an applicant to electronically submit a voter preference form to the voter registration agency, and to submit an affidavit of voter registration electronically on the Internet Web site of the Secretary of State in accordance with Chapter 2.5 (commencing with Section 2196).
(b)CA Elections Code § 2408(b) If a person indicates on his or her electronic voter preference form that he or she would like to register to vote, the person shall be informed that he or she may register to vote through one of the following options, if applicable:
(1)CA Elections Code § 2408(b)(1) Submit an affidavit of voter registration electronically on the Secretary of State’s Internet Web site pursuant to subdivision (a) of Section 2196.
(2)CA Elections Code § 2408(b)(2) Complete an affidavit of voter registration electronically on the Secretary of State’s Internet Web site, print a hard copy of the completed affidavit, and mail or deliver the hard copy of the completed affidavit to the Secretary of State or the appropriate county elections official pursuant to subdivision (d) of Section 2196.
(c)CA Elections Code § 2408(c) A voter registration agency may take steps to ensure that the information entered into a person’s electronic application for service or assistance, or his or her electronic recertification, renewal, or change of address form relating to the service or assistance, will be automatically transferred to the electronic affidavit of voter registration if the person indicates that he or she would like to register to vote.
(d)CA Elections Code § 2408(d) The Secretary of State shall take steps to ensure that the electronic affidavit of voter registration is available, and may be electronically submitted and verified, in all languages in which a county is required to provide voting materials pursuant to Section 203 (52 U.S.C. Sec. 10503) or Section 4(f)(4) (52 U.S.C. Sec. 10303(f)(4)) of the federal Voting Rights Act of 1965.