An act to amend Sections 2263 and 2265 of the Elections Code, relating to elections.

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.

Summary: 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.