Chapter 6. Voter Registration Agencies of California Elections Code >> Division 2. >> Chapter 6.
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.
For purposes of this chapter, the following terms have the
following meanings:
(a) "Voter preference form" means the form described in Section
20506(a)(6)(B) of Title 52 of the United States Code.
(b) "Voter registration agency" means either of the following:
(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) A private entity under contract with a designated voter
registration agency to provide services or assistance on behalf of
the designated voter registration agency.
(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) 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.).
(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) 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) A voter preference form.
(2) A voter registration card, unless the applicant, in writing,
declines to register to vote.
(3) Assistance in completing the voter registration card, unless
the applicant refuses the assistance.
(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.
(a) The Secretary of State shall do all of the following:
(1) Coordinate with each county elections official and voter
registration agency to implement this chapter.
(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) 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) 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) 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) 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) The Secretary of State may do any of the following:
(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) 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) Post the results of a review conducted pursuant to this
subdivision on the Secretary of State's Internet Web site.
(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) The county elections official shall do all of the following:
(1) Provide voter registration cards to a voter registration
agency upon request of the voter registration agency.
(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) 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.).
(a) A voter registration agency shall do all of the
following:
(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) Designate an agency employee to be responsible for the agency'
s compliance with this section.
(3) Request voter registration cards from the applicable county
elections official, as needed.
(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) 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) 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.).
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.
(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) 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) Submit an affidavit of voter registration electronically on
the Secretary of State's Internet Web site pursuant to subdivision
(a) of Section 2196.
(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) 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) 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.