Existing law requires the Department of Motor Vehicles to issue an original drivers license to a person who is unable to submit satisfactory proof that his or her presence in the United States is authorized under federal law, if he or she meets all other qualifications for licensure and provides satisfactory proof of his or her identity and California residency.

Existing law authorizes a person who is qualified to register to vote and who has a valid California drivers license or state identification card to submit an affidavit of voter registration electronically on the Secretary of States Internet Web site. Existing law provides for a process and infrastructure that allows the Department of Motor Vehicles to transfer the electronic information of a voter registration applicant to the Secretary of State.

This bill would prohibit the Department of Motor Vehicles from transferring the electronic information of voter registration applicants who obtained an original drivers license without submitting satisfactory proof of their presence in the United States under federal law. This bill would require the Department of Motor Vehicles, by March 15, 2018, to provide the Secretary of State with a list of any such applicants whose electronic information it previously provided to the Secretary of State. This bill would require the Secretary of State to revoke the registration of an individual on that list, unless the Secretary has been provided with actual proof of the individuals eligibility to vote. This bill would require the Secretary of State to provide notice of a revocation to such individuals within a reasonable timeframe.

Existing law requires the Department of Motor Vehicles to issue an original drivers license to a person who is unable to submit satisfactory proof that his or her presence in the United States is authorized under federal law, if he or she meets all other qualifications for licensure and provides satisfactory proof of his or her identity and California residency.

Existing law authorizes a person who is qualified to register to vote and who has a valid California drivers license or state identification card to submit an affidavit of voter registration electronically on the Secretary of States Internet Web site. Existing law provides for a process and infrastructure that allows the Department of Motor Vehicles to transfer the electronic information of a voter registration applicant to the Secretary of State.

This bill would prohibit the Department of Motor Vehicles from transferring the electronic information of voter registration applicants who obtained an original drivers license without submitting satisfactory proof of their presence in the United States under federal law. This bill would require the Department of Motor Vehicles, by March 15, 2018, to provide the Secretary of State with a list of any such applicants whose electronic information it previously provided to the Secretary of State. This bill would require the Secretary of State to revoke the registration of an individual on that list, unless the Secretary has been provided with actual proof of the individuals eligibility to vote. This bill would require the Secretary of State to provide notice of a revocation to such individuals within a reasonable timeframe.

Existing law authorizes a person who is qualified to register to vote and who has a valid California drivers license or state identification card to submit an affidavit of voter registration electronically on the Secretary of States Internet Web site. Existing law provides for a process and infrastructure that allows the Department of Motor Vehicles to transfer the electronic information of a voter registration applicant to the Secretary of State.

This bill would make technical, nonsubstantive changes to that provision. prohibit the Department of Motor Vehicles from transferring the electronic information of voter registration applicants who obtained an original drivers license without submitting satisfactory proof of their presence in the United States under federal law. This bill would require the Department of Motor Vehicles, by March 15, 2018, to provide the Secretary of State with a list of any such applicants whose electronic information it previously provided to the Secretary of State.

Existing law authorizes a person who is qualified to register to vote and who has a valid California drivers license or state identification card to submit an affidavit of voter registration electronically on the Secretary of States Internet Web site.

This bill would make technical, nonsubstantive changes to that provision.

SENATE COMMITTEE ON

Senator Ricardo Lara, Chair

2017 - 2018 Regular Session

SB 682 (Nielsen) - Online voter registration

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

SB 682 would prohibit the Department of Motor Vehicles (DMV) from transferring to the Secretary of State (SOS) any information relating to voter registration for an applicant who obtained a driver’s license without submitting proof of citizenship.

Fiscal Impact:

• One-time SOS programming costs of approximately $160,000 in 2017-18 to prevent a prohibited record from being sent to VoteCal or matching a signature through DMV. (General Fund)
  
• One-time DMV programming costs of approximately $140,000 in 2017-18 to prompt different user responses when attempts are made to transmit voter information. (Motor Vehicle Account)

Background:

Existing law requires, as conditions of eligibility to vote in California, that an individual must be a U.S. citizen, a resident of California, not in prison or on parole for the conviction of a felony, and at least 18 years old at the time of the next election. A person who is qualified to register to vote and who has a valid California driver’s license or state identification card may submit an affidavit of voter registration electronically on the Internet Web site of the SOS. The SOS is required to obtain an electronic signature from the applicant’s driver’s license or state ID card, as specified.

Existing law, as enacted by AB 1461 (Gonzalez), Chap. 729/2015, requires DMV to electronically provide to the SOS the record of an individual who is issued an original or renewal of a driver’s license or identification card, or who notifies the DMV of a change of address, as specified. The record must include the name, address, age, electronic signature, and other voter registration information collected electronically by the DMV. Existing law prohibits DMV from electronically providing the records of a person who is issued a driver's license pursuant to specified provisions of law because that person is unable to establish satisfactory proof that his or her presence in the United States is authorized under federal law. Upon receipt of an electronic record from DMV, the SOS is required to register the individual to vote unless he or she affirmatively declined on the application to be registered, the record does not indicate that he or she has attested to meeting all voter eligibility requirements, or the SOS determines that the individual is ineligible to vote.

Existing law (AB 60, Alejo, Chapter 524, Statutes of 2013) requires the DMV to issue an original driver’s license to an individual who is unable to submit satisfactory proof of legal presence in the U.S. These applicants must meet all other qualifications for licensure and must provide satisfactory proof of identity and California residency. AB 60 specifies that a license issued under these provisions is valid only for driving privileges and cannot be used for identification or federal purposes. The DMV began issuing these licenses on January 2, 2015 and had issued approximately 850,000 through February 2017.

Proposed Law:

SB 682 would prohibit DMV from transferring an electronic signature or other information required for a voter registration to the SOS if the applicant’s driver’s license was granted under AB 60.

Related Legislation:

AB 397 (Yee), Chap. 561/2011, permitted online voter registration to begin prior to the completion of a new statewide voter registration database, if certain conditions are met.

AB 60 (Alejo), Chap. 524/2013, requires the DMV to issue an original driver’s license to an individual who is unable to submit satisfactory proof of legal presence in the U.S., as specified. An AB 60 driver’s license is valid only for driving privileges and cannot be used for identification or federal purposes.

AB 1461 (Gonzalez), Chap. 729/2015), the California New Motor Voter Act, authorizes an individual to register to vote electronically at the DMV when applying for a driver’s license, identification card, or renewal. The transmitted material must include the name, address, age, electronic signature, and other voter registration information collected electronically by the DMV.

Staff Comments:

An online voter registration application is completed when an applicant agrees to have his or her DMV signature used as their voter registration signature. When the applicant affirmatively agrees to use the DMV signature, VoteCal establishes a connection to the DMV database to match the applicant's information to a DMV record. When a signature is matched, it is sent to VoteCal and attached to the applicant's record. As a result of this bill, DMV will need to conduct one-time programming activities to prompt a rejection response when an AB 60 applicant attempts to submit an electronic voter registration through DMV. In addition, the SOS indicates that it would also conduct one-time programming to prevent the submission of an AB 60 record, or the matching of a signature through the DMV database.

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SENATE COMMITTEE ON TRANSPORTATION AND HOUSING

Senator Jim Beall, Chair

2017 - 2018 Regular

Bill No: SB 682 Hearing Date: 4/25/2017

SUBJECT: Online voter registration.

DIGEST: This bill prohibits the state Department of Motor Vehicles (DMV) from transferring to the Secretary of State (SOS) any information relating to voter registration for an applicant who holds an AB 60 driver’s license.

ANALYSIS:

AB 60 driver’s licenses

Existing law (AB 60, Alejo, Chapter 524, Statutes of 2013) requires the DMV to issue an original driver’s license to an individual who is unable to submit satisfactory proof of legal presence in the U.S. These applicants must meet all other qualifications for licensure and must provide satisfactory proof of identity and California residency. AB 60 specifies that a license issued under these provisions is valid only for driving privileges and cannot be used for identification or federal purposes. The DMV began issuing these licenses on January 2, 2015 and had issued approximately 850,000 through February 2017.

Voter eligibility

Existing law provides that in order to be eligible to vote in California, an individual must be a U.S. citizen; a resident of California; not in prison or on parole for the conviction of a felony; and at least 18 years old at the time of the next election.

California New Motor Voter Program

Existing law:

1. Allows an individual who is eligible to vote to submit a voter registration application electronically through the SOS website or at the DMV.
2. Requires the voter registration application to include an affirmation of the truth of the information in the application, and affirmative consent to the use of his or her signature from his or her driver’s license or identification card for voter registration purposes. Also requires the application to include an affirmation that the applicant has met all voter eligibility requirements, including US citizenship.
3. Requires the DMV to electronically provide to the SOS the record of an individual who is issued an original or renewal of a driver’s license or identification card, or who notifies the DMV of a change of address, if the proof the applicant is required to submit includes proof of U.S. citizenship. Requires the record to include name, address, age, electronic signature, and other voter registration information collected electronically by the DMV.
4. Requires the SOS, upon receipt of an electronic record from the DMV, to register the individual to vote unless he or she declined on the application to be registered; the record does not indicate that he or she has attested to meeting all voter eligibility requirements; or the SOS determines that the individual is ineligible to vote.
5. Provides that if an individual who is ineligible to vote, is erroneously registered to vote, the registration shall be presumed not to be the fault of the individual.

This bill prohibits the DMV from transferring to the SOS any information relating to voter registration for an applicant who received an AB 60 driver’s license.

COMMENTS:

1. Purpose. The author states that this bill protects the integrity of the democratic process and California’s voter rolls by addressing a crucial security flaw in California’s online voter registration process that allows the SOS to approve the voter registration of ineligible noncitizens. With the passage of AB 60 in 2013, hundreds of thousands of undocumented residents have received noncitizen driver’s licenses. This bill provides a safeguard, long overdue, against noncitizens being registered to vote by prohibiting the DMV from providing AB 60 license holder information to the SOS.
2. Voter registration and AB 60 licenses. Under the California New Motor Voter Program, established by AB 1461 (Gonzalez, 2015), an individual can register to vote at the DMV when he or she is applying for a driver’s license, identification card, or renewal. The DMV then transmits the information electronically to the SOS. Under AB 60 of 2013, an individual without legal presence in the US can obtain a driver’s license, but this license only provides driving privileges; an AB 60 license holder is not eligible to vote because he or she is not a US citizen. The author notes that current DMV practices actively work to divert AB 60 license applicants from registering to vote, but argues that this diversion does not extend to the online voter registration system; it is possible that AB 60 license applicants or holders who are confused as to voter eligibility requirements could erroneously try to register to vote.
3. Citizenship status may change. Once an individual has provided documentation of his or her legal presence in the US to the DMV, he or she typically is not required to provide proof again during subsequent transactions with the DMV. As a result, it is plausible that an individual’s citizenship status may change but the DMV will have no record of the change, for example, as when an individual uses a permanent resident card to prove legal presence when obtaining a driver’s license, and then subsequently becomes a citizen.
4. Opposition to prior version. The prior version of this bill included two additional provisions: (1) a requirement for the DMV to provide to the SOS, by March 15, 2018, a list any AB 60 license holders whose information was provided to the SOS before January 1, 2018; and (2) a requirement for the SOS to revoke the voter registration of any AB 60 license holder, unless the SOS has been provided with reasonable proof of the individual’s eligibility to vote. Writing in opposition to this bill, the American Civil Liberties Union of California and Disability Rights California request that these two provisions be removed. The two organizations argue that these provisions are not only unnecessary to protect the integrity of the state’s online voter registration system, but violate federal law – the National Voter Registration Act (NVRA) – which outlines clear procedures for cancellation of an individual’s voter registration. In response to such concerns, this bill was amended in the Elections and Constitutional Amendments Committee on April 20^th to remove these two provisions.
5. Is legislation needed? As noted in the Elections and Constitutional Amendments Committee analysis, prohibiting the transfer of AB 60 licensee information to the SOS could be achieved administratively.
6. Double referral. This bill was approved by the Elections and Constitutional Amendments Committee on a 5-0 vote on April 18^th.

Related Legislation:

AB 2065 (Harper) and AB 2067 (Harper, 2016) — would have changed the California New Motor Voter Program from an opt-out to an opt-in program and would have provided that an individual may be registered to vote only if the DMV has a record of being provided a document proving that the individual is a citizen. These bills failed passage in the Assembly Elections and Redistricting Committee.

AB 1461 (Gonzalez, Chapter 729, Statutes of 2015) — established the California New Motor Voter Program.

AB 60 (Alejo, Chapter 524, Statutes of 2013) — requires the DMV to issue an original driver’s license to an individual who is unable to submit satisfactory proof of legal presence in the U.S.

AB 397 (Yee, Chapter 561, Statutes of 2011) — permitted online voter registration to begin prior to the completion of a new statewide voter registration database, if certain conditions are met.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

POSITIONS: (Communicated to the committee before noon on Wednesday,

April 19, 2017.)

SUPPORT:

Butte County Clerk-Recorder/Registrar of Voters Candace J. Grubbs (sponsor)

Election Integrity Project

Howard Jarvis Taxpayers Association

OPPOSITION:

American Civil Liberties Union of California

Disability Rights California

END

SENATE COMMITTEE ON

ELECTIONS AND CONSTITUTIONAL AMENDMENTS

Senator Henry Stern, Chair

2017 - 2018 Regular

Bill No: 682 Hearing Date: 4/18/17

Subject:

DIGEST

This bill prohibits the Department of Motor Vehicles (DMV) from transferring to the Secretary of State (SOS), the electronic information of voter registration applicants who obtained an original driver’s license without submitting satisfactory proof their presence in the United States is authorized under federal law. Requires the DMV, by March 15, 2018, to provide the SOS with a list of any such applicants whose electronic information it previously provided and requires the SOS to revoke the registration of an individual on that list, unless the SOS has been provided with actual proof of the individual’s eligibility to vote. Further requires the SOS to provide notice of a revocation to such individuals within a reasonable timeframe.

ANALYSIS

Existing law:

1. Provides that a person entitled to register to vote shall be a United States citizen, a resident of California, not in prison or on parole for the conviction of a felony, and at least 18 years of age at the time of the next election.
   
2. Provides that a person who is qualified to register to vote and who has a valid California driver’s license or state identification card may submit an affidavit of voter registration electronically on the Internet Web site of the SOS.
3. Requires the affiant to affirmatively attest to the truth of the information provided in the electronic affidavit and affirmatively assent to the use of his or her signature from his or her driver’s license or state identification card for voter registration purposes.
4. Requires, for each electronic affidavit, the SOS to obtain an electronic copy of the applicant’s signature from his or her driver’s license or state identification card directly from the DMV.
5. Requires a person who submits an electronic affidavit to submit all of the following:
   1. The number from his or her California driver’s license or state identification card.
   2. His or her date of birth.
   3. The last four digits of his or her social security number.
   4. Any other information the SOS deems necessary to establish the identity of the affiant.
6. Requires, upon submission of an electronic affidavit, the electronic voter registration system to provide for immediate verification of both of the following:
   1. That the applicant has a California driver’s license or state identification card and that the number for that driver’s license or identification card provided by the applicant matches the number for that person’s driver’s license or identification card that is on file with the DMV.
   2. That the date of birth provided by the applicant matches the date of birth for that person that is on file with the DMV.
7. Requires the SOS to employ security measures to ensure the accuracy and integrity of affidavits of voter registration submitted electronically pursuant to this section.
8. Requires the DMV and the SOS to maintain a process and the infrastructure to allow the electronic copy of the applicant’s signature and other information required under this section that is in the possession of the department to be transferred to the SOS and to the county election management systems to allow a person who is qualified to register to vote in California to register to vote under this process.
9. Provides that if an applicant cannot electronically submit the required information, he or she shall nevertheless be able to complete the affidavit of voter registration electronically on the SOS’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 SOS or the appropriate county elections official.
10. Requires, pursuant to AB 60 (Alejo, Chapter 524, Statutes of 2013), the DMV to issue an original driver’s license to an applicant who is unable to submit satisfactory proof of legal presence in the United States. Driver’s license applicants under AB 60 must meet all other qualifications for licensure and must provide satisfactory proof of identity and California residency. The DMV began accepting applications for licenses under AB 60 on January 2, 2015.

This bill:

1. Requires that the DMV not transfer to the SOS any information regarding an applicant whose driver’s license was granted under AB 60.
   
2. Requires by March 15, 2018, the DMV provide to the SOS a list of any applicants whose driver’s licenses were granted under AB 60 and whose information the DMV provided to the SOS before January 1, 2018.
3. Requires the SOS to revoke the voter registration of an AB 60 licensee, unless the SOS has been provided with actual proof of the individual’s eligibility to vote. Within a reasonable timeframe, the SOS shall provide an individual whose registration is revoked with notice of the revocation.
   

BACKGROUND

Documentation: Except for individuals who receive driver's licenses pursuant to AB 60, every applicant in California for a state identification card or driver’s license is required to provide proof of legal presence in the United States. In order for a person to prove legal presence, an applicant is required to provide the original or a certified copy of one of 28 different documents to the DMV. Of those 28 documents, some (such as a United States passport) are documents that are available only to citizens, while others (such as a permanent resident card) would be issued only to individuals who were not citizens. Other acceptable documents (such as a United States military identification card) could be issued to citizens or non-citizens. According to the DMV and the State Transportation Agency, DMV records contain information about the document that individuals used to establish legal presence in the country.

Once a person has provided documentation of his or her legal presence in the United States, that person typically is not required to provide proof of legal presence again during subsequent transactions with the DMV. As a result, it is plausible for a person's citizenship status to change and for the DMV to have no record. For example, if a person used a permanent resident card to prove his or her legal presence when obtaining a driver's license, then subsequently became a citizen of the United States, it is unlikely that the DMV would have any information to indicate that the person had become a citizen. When that person renews his or her driver's license, the DMV already has documented proof of that person's legal presence from the initial transaction. As a result, the DMV typically would not request the person to provide proof of legal presence again, so it is unlikely that the DMV would ever receive information about the change in the person's citizenship status.

COMMENTS

1. According to the author: In 2011, SB 397 authorized California’s online voter registration system, which in part required that the Department of Motor Vehicles (DMV) transmit pertinent information and an electronic copy of a voter registration applicant’s signature to the Secretary of State (SOS). Today, when a person registers to vote online, they fill out an electronic registration affidavit which is submitted to SOS, then, to complete the affidavit, SOS receives that person’s signature from DMV’s drivers’ license database.
   

Crucially, this system allows anyone with a drivers’ license who self-certifies that they are eligible to register to vote. Unfortunately, this can include those who are ineligible, and whom the DMV knows to be ineligible: namely, those who hold AB 60 drivers’ licenses. AB 60 licenses are granted to undocumented immigrants, and do not establish eligibility for voter registration as would a non-AB 60 license. The DMV labels AB 60 licenses in their internal database, and the holders’ noncitizen status is indicated on the physical card, but that information is not available electronically to other agencies, including SOS.

Furthermore, there is no protocol for communications between SOS and DMV in the event that an AB 60 license holder attempts to register online to vote. Due to that lack of procedure, SOS may be unintentionally approving online voter registration for persons ineligible to vote.

Current DMV practices actively work to divert AB 60 license applicants from registering to vote at the DMV under 2015’s AB 1461 – the Motor Voter Act – but that diversion does not extend to the online voter registration system.

California online voter registration operates on an honor system, where applicants simply check a box affirming their eligibility to vote. Therefore, AB 60 license holders who are confused as to voter eligibility requirements are not in any way prevented from successfully registering to vote online.

SB 682 addresses the current oversight by stipulating that DMV is precluded from providing SOS with signatures of AB 60 license holders.

SB 682 also addresses the possibility that some AB 60 license holders may currently be registered to vote by requiring that DMV provide SOS with a list of the names of all individuals who were granted AB 60 licenses, and whose information was provided to SOS prior to this bill taking effect (January 1, 2018). Anticipated amendments will then clarify that SOS must revoke the voter registration of all persons on that list.

1. American Civil Liberties Union: In a letter of opposition, the ACLU states, “Section 2196(c)(3) requires the Department of Motor Vehicles (DMV) to provide the Secretary of State (SOS) with a list of all recipients of a AB 60 driver's license whose information the DMV previously provided electronically to the SOS. Section 2196(c)(4) requires revocation of the voter registration for the individuals identified on the list required by Section 2196(c)(3), unless the SOS has received actual proof of the individual's eligibility to vote.
   

Such provisions are unnecessary to protect the integrity of California’s online voter registration system. Section 2196(c)(a) is also contrary to existing law because it impermissibly requires the SOS to conduct a lookback at voter registration records, pull any voter with an AB 60 driver's license who may be registered to vote, cancel their registration, and then force them to re-register. This procedure violates the federal National Voter Registration Act of 1993, which outlines clear procedures for cancellation of a voter's registration. SB 682's failure to delineate what documentation constitutes ‘actual proof of an individual's eligibility to vote’ also raises concerns that such a provision may violate the NVRA's prohibition on states imposing proof of citizenship requirements during voter registration.”

1. Illegal Revocations. This bill requires the SOS to revoke the registration of a voter who may be otherwise qualified but who obtained a driver’s license under AB 60. Since a driver is not required to notify the DMV of a change in his or her citizenship status, it is likely that this bill will result in the revocation of the registration of voters who become U.S. citizens after obtaining a driver’s license under AB 60. Such revocations would violate state and federal law.
   
2. Is Legislation Necessary? The provisions of this bill prohibiting transfer of AB 60 licensee information to the SOS for voter registration purposes could be achieved administratively.

RELATED/PRIOR LEGISLATION

AB 60 (Alejo, Chapter 524, Statutes of 2013), requires the DMV to issue an original driver's license to an applicant who is unable to submit satisfactory proof of legal presence in the United States. Driver’s license applicants under AB 60 must meet all other qualifications for licensure and must provide satisfactory proof of identity and California residency.

SB 397 (Yee, Chapter 561, Statutes of 2011), permitted online voter registration to begin prior the completion of a new statewide voter registration database, if certain conditions were met.

AB 2067 (Harper of 2016), would have provided that a person can be registered to vote under the California New Motor Voter Program (CNMVP) only if the DMV has a record of being provided a document that proves that the person is a citizen. Reconsideration was granted after the bill failed passage in Assembly Elections and Redistricting Committee.

POSITIONS

Sponsor: Butte County Clerk-Recorder/Registrar of Voters

Support: Election Integrity Project, Inc.

Oppose: American Civil Liberties Union of California

Disability Rights California

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