Added by Stats. 2015, Ch. 729, Sec. 3. (AB 1461) Effective January 1, 2016.
This chapter shall be known and may be cited as the California New Motor Voter Program.
Chapter 4.5 - California New Motor Voter Program
California Elections Code — §§ 2260-2277
Sections (18)
Added by Stats. 2015, Ch. 729, Sec. 3. (AB 1461) Effective January 1, 2016.
The Legislature finds and declares all of the following:
(a)Voter registration is one of the biggest barriers to participation in our democracy.
(b)In 1993, Congress enacted the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.), commonly known as the “Motor Voter Law,” with findings recognizing that the right of citizens to vote is a fundamental right; it is the duty of federal, state, and local governments to promote the exercise of the right to vote; and the primary purpose of the act is to increase the number of eligible citizens who register to vote.
(c)It is the intent of the Legislature to enact the California New Motor Voter Program to
provide California citizens additional opportunities to participate in democracy through exercise of their fundamental right to vote.
Amended by Stats. 2022, Ch. 28, Sec. 39. (SB 1380) Effective January 1, 2023.
For purposes of this chapter, the following terms have the following meanings:
(a)“Completed voter registration” and “completed voter registration application” mean the part of the driver’s license application containing the voter registration application for an applicant who has not affirmatively declined to register to vote, the transmittal of which is not prohibited by subdivision (f) of Section 2265, and which includes the minimum information necessary to prevent duplicate voter registrations and preregistrations, to assess the eligibility of the applicant, and to administer voter registration, preregistration, and other procedures for elections.
(b)“Department” means the Department of Motor Vehicles.
(c)“Driver’s license application” means a driver’s license or identification card application, renewal, or notification of a change of address pursuant to Section 12800, 12815, 13000, or 14600 of the Vehicle Code.
Added by renumbering Section 2262 by Stats. 2021, Ch. 314, Sec. 1. (AB 796) Effective January 1, 2022.
(a)The Secretary of State and the department shall establish the California New Motor Voter Program for the purpose of increasing opportunities for voter registration by any person who is qualified to be a voter under Section 2 of Article II of the California Constitution.
(b)This chapter shall not be construed as requiring the
department to determine eligibility for voter registration and voting. The Secretary of State is solely responsible for determining eligibility for voter registration, voter preregistration, and voting.
Added by Stats. 2021, Ch. 314, Sec. 5. (AB 796) Effective January 1, 2022.
(a)Every driver’s license application shall include a voter registration application. All of the following apply to the voter registration application included with the driver’s license application:
(1)The voter registration application shall require only the minimum information necessary to prevent duplicate voter registrations and to enable the Secretary of State to assess the eligibility of the applicant and to administer voter registration and other procedures for elections.
(2)The voter registration application shall not require any information that duplicates information required for the driver’s license
application, other than an additional signature or other information required by paragraph (3).
(3)The voter registration application shall include all of the following:
(A)A statement of the voter eligibility requirements, including those regarding citizenship.
(B)An attestation that the applicant meets each voter eligibility requirement.
(C)The signature of the applicant, under penalty of perjury.
(D)An opportunity to decline to register to vote.
(b)A voter who attests to the voter’s eligibility shall be registered to vote unless the voter
affirmatively declines to register to vote.
Amended by Stats. 2022, Ch. 28, Sec. 40. (SB 1380) Effective January 1, 2023.
(a)(1) The department, 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.
(2)The department and the Secretary of State shall develop and enter into an interagency agreement specifying how the department and the Secretary of State will cooperate to fulfill the requirements of this chapter. The agreement shall be updated as necessary, and the current version of the agreement shall be published on the internet website of the Secretary of State, except those parts of the agreement for which publication would compromise
security.
(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 a driver’s license application:
(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, if available.
(H) Political party preference, if available.
(I) Whether the person chooses to become a permanent vote by mail voter, if available.
(J) Whether the person affirmatively declined to become registered or preregistered to vote during a transaction with the department.
(K) A notation that the applicant has attested that the
person meets all voter eligibility requirements, including United States citizenship, specified in Section 2101 and, as applicable, the preregistration eligibility requirements in subdivision (d) of Section 2102.
(L) Other information specified in regulations implementing this chapter.
(2)(A) A completed voter registration application included with a driver’s license application and accepted at the department shall be transmitted to the Secretary of State no later than 10 days after the department accepts it.
(B)A completed voter registration application accepted within five days of the last day to register to vote for a federal or statewide election shall be transmitted to the
Secretary of State no later than five days after the date of acceptance.
(C)(i) For purposes of establishing the department’s transmittal deadlines required by this paragraph and by Section 20504(e) of Title 52 of the United States Code, the completed voter registration application included with the driver’s license application shall be deemed accepted on the date the completed voter registration application arrives at the department, whether by mail, in person, electronically, or in another manner, the application contains all of the information in paragraph (1) except to the extent paragraph (1) requires certain information to be provided only if available, and the department approves the documentation of identity submitted by the applicant that is required by the Vehicle Code for the type of license or identification card
for which the applicant has applied.
(ii) This subparagraph shall become operative upon the completion of the Digital eXperience Platform project described in Item 2740-001-0044 of the Budget Act of 2021 (Chs. 21 and 69, Stats. 2021), or on July 1, 2025, whichever is earlier.
(3)(A) The department shall accept and transmit a completed voter registration application included with a driver’s license application as described in paragraph (2) even if, pursuant to the Vehicle Code, the driver’s license application is incomplete or the driver’s license or identification card associated with the voter who submitted the voter registration application is inactive due to a failure to pay fees, or any other reason that is unrelated to either of the following:
(i)The department’s approval of an applicant’s identity documentation pursuant to the Vehicle Code.
(ii) An elections official’s ability to prevent duplicate voter registrations or preregistrations, to assess the eligibility of the applicant, or to administer voter registration, preregistration, and other elections procedures.
(B) This paragraph shall become operative upon the completion of the Digital eXperience Platform project described in Item 2740-001-0044 of the Budget Act of 2021 (Chs. 21 and 69, Stats. 2021), or on July 1, 2025, whichever is earlier.
(4)(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 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 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 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 the person is unable to submit satisfactory proof that the person’s presence in the United States is authorized under federal law.
(e)Except as provided in paragraphs (2) and (3) of subdivision (b), the department shall commence implementation of this section no later than one year after the Secretary of State certifies all of the following:
(1)The 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 to implement and maintain the California New Motor Voter Program.
(3)The regulations required by Section 2277 have been adopted.
(f)The department 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.
(g)It is the intent of the Legislature that the department continue its best practice of sending notice to voters when there is a delay in processing completed voter registration applications. It is further the intent of the
Legislature that the notices continue to provide information about alternative options for submitting a voter registration application.
Added by renumbering Section 2264 by Stats. 2021, Ch. 314, Sec. 4. (AB 796) Effective January 1, 2022.
(a)The willful, unauthorized disclosure of information obtained from the department pursuant to Section 2265 to any person, or the use of any false representation to obtain any of that information or the use of any of that information for a purpose other than as stated in Section 2265, is a misdemeanor punishable by a fine not exceeding five thousand dollars ($5,000) or imprisonment in the county jail not exceeding one year, or both fine and imprisonment.
(b)The Secretary of State shall establish procedures to protect the confidentiality of the information acquired from the department pursuant to Section 2265. The disclosure of this information shall be governed by the Information
Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code), and the Secretary of State shall account for any disclosures, including those due to security breaches, in accordance with that act.
Added by renumbering Section 2265 by Stats. 2021, Ch. 314, Sec. 6. (AB 796) Effective January 1, 2022.
(a)If the records of a person designated in paragraph (1) of subdivision (b) of Section 2265 constitute a completed voter registration application, the Secretary of State shall register the person to vote, or, as applicable, preregister the person to vote, unless any of the following conditions is satisfied:
(1)The person’s records, as described in Section 2265, reflect that the person affirmatively declined to become registered or preregistered to vote during a transaction with the department.
(2)The person’s records, as described in Section 2265, do not reflect that the person has attested to meeting all voter eligibility requirements
specified in Section 2101 or, as applicable, all preregistration eligibility requirements in subdivision (d) of Section 2102.
(3)The Secretary of State determines that the person is ineligible to vote or, as applicable, will be ineligible to vote when the person reaches 18 years of age.
(b)If a person who is registered or preregistered to vote pursuant to this chapter does not provide a party preference, the person’s party preference shall be designated as “Unknown” on a voter registration index under Article 5 (commencing with Section 2183) of Chapter 2, and the person shall otherwise be treated as a “No Party Preference” voter.
(c)If the Secretary of State receives from the department pursuant to paragraph (1)
of subdivision (b) of Section 2265 the records of a person who is currently registered to vote, the Secretary of State shall use the information in the records to update the voter’s registration information. If the Secretary of State does not receive information for the voter pursuant to paragraph (1) of subdivision (b) of Section 2265 for which space is provided on the voter registration application, but that information was provided in the voter’s previous voter registration application, that information from the voter’s previous voter registration application shall remain part of the voter’s record.
Added by renumbering Section 2266 by Stats. 2021, Ch. 314, Sec. 7. (AB 796) Effective January 1, 2022.
A person registered or preregistered to vote under this chapter may cancel the person’s voter registration or preregistration at any time by any method available to any other registered or preregistered voter.
Amended by Stats. 2024, Ch. 854, Sec. 3. (AB 3284) Effective January 1, 2025.
This chapter does not affect the confidentiality of a person’s voter registration or preregistration information, which remains confidential pursuant to Section 2194 of this code and Section 7924.000 of the Government Code and for all of the following persons:
(a)A victim of domestic violence, sexual assault, or stalking pursuant to Section 2166.5.
(b)A reproductive health care service provider, employee, volunteer, or patient pursuant to Section 2166.5.
(c)A public safety officer pursuant to Section 2166.7.
(d)A
person with a life-threatening circumstance upon court order pursuant to Section 2166.
(e)A qualified worker pursuant to Section 2166.8.
Added by renumbering Section 2268 by Stats. 2021, Ch. 314, Sec. 9. (AB 796) Effective January 1, 2022.
If a person who is ineligible to vote becomes registered or preregistered to vote pursuant to this chapter in the absence of a violation by that person of Section 18100, that person’s registration or preregistration shall be presumed to have been effected with official authorization and not the fault of that person.
Added by renumbering Section 2269 by Stats. 2021, Ch. 314, Sec. 10. (AB 796) Effective January 1, 2022.
If a person who is ineligible to vote becomes registered or preregistered to vote pursuant to this chapter and votes or attempts to vote in an election held after the effective date of the person’s registration or preregistration, that person shall be presumed to have acted with official authorization and shall not be guilty of fraudulently voting or attempting to vote pursuant to Section 18560, unless that person willfully votes or attempts to vote knowing that the person is not entitled to vote.
Added by Stats. 2021, Ch. 314, Sec. 12. (AB 796) Effective January 1, 2022.
(a)The department shall designate an employee, known as the department’s National Voter Registration Act (NVRA) coordinator, who shall be responsible for the department’s compliance with the requirements of this chapter and the requirements of Section 20504 of Title 52 of the United States Code. The responsibilities of the department’s NVRA coordinator include, but are not limited to, all of the following:
(1)Ensuring the accurate processing and timely transmission of voter registration applications submitted to the department.
(2)Ensuring employees are trained pursuant to Section 2273.
(3)Coordinating with the Secretary of State’s NVRA coordinator to ensure the department’s compliance with this chapter and with Section 20504 of Title 52 of the United States Code.
(4)Ensuring that the interagency agreement required by Section 2265 is updated as necessary.
(5)Preparing monthly reports pursuant to Section 2274.
(6)Notifying the Secretary of State within three days of identifying any violations of this chapter or Section 20504 of Title 52 of the United States Code.
(7)Assisting with the preparation of the annual report required by Section 2276.
(b)The Secretary of State shall appoint an employee, known as the Secretary of State’s NVRA coordinator, who shall be responsible for the Secretary of State’s compliance with the requirements of this chapter and the requirements of Section 20504 of Title 52 of the United States Code. The responsibilities of the Secretary of State’s NVRA coordinator include, but are not limited to, all of the following:
(1)Monitoring voter registration records received from the department and identifying untimely registrations or other irregularities.
(2)Ensuring the accurate processing and timely transmission of voter registration applications received from the department.
(3)Ensuring employees are trained pursuant to Section 2273.
(4)Coordinating with the department’s NVRA coordinator to ensure the Secretary of State’s compliance with this chapter and with Section 20504 of Title 52 of the United States Code.
(5)Ensuring the interagency agreement required by Section 2265 is updated as necessary.
(6)Publishing the monthly reports required by Section 2274 on the Secretary of State’s internet website.
(7)Preparing the annual report required by Section 2276.
Added by Stats. 2021, Ch. 314, Sec. 13. (AB 796) Effective January 1, 2022.
(a)The department’s NVRA coordinator shall ensure that each employee of the department who interacts with the California New Motor Voter Program shall, annually and as part of an initial new employee orientation, receive a training on the requirements of this chapter and the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.). The training shall include, but is not limited to, instructing employees regarding processing voter information submitted to the department, acceptance rules, transmission deadlines, and procedures for identifying and reporting errors or delays.
(b)The Secretary of State’s NVRA coordinator shall ensure that each
employee of the Secretary of State responsible for the receipt and processing of voter registration information from the department shall, annually and as part of an initial new employee orientation, receive a training on the requirements of this chapter and the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.). The training shall include, but is not limited to, instructing employees regarding procedures for the regular monitoring of the timeliness of the receipt of registration data from department transactions and the protocol for reporting and addressing problems with the timeliness and quality of the voter registration data received from the department.
Added by Stats. 2021, Ch. 314, Sec. 14. (AB 796) Effective January 1, 2022.
(a)The department, in consultation with the Secretary of State, shall monitor the timeliness of the department’s transmittals to the Secretary of State pursuant to paragraph (2) of subdivision (b) of Section 2265.
(b)By the 10th day of each calendar month, 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, all of the following information concerning voter registration from the preceding month:
(1)The number of completed voter registration applications transmitted to the Secretary of State after
the deadlines specified in paragraph (2) of subdivision (b) of Section 2265, if any.
(2)The number of notices sent pursuant to subdivision (g) of Section 2265.
(3)The reasons for any irregularities in the processing of records specified in subdivision (b) of Section 2265 or in the transmittal of any completed voter registration applications after the deadlines described in paragraph (2) of subdivision (b) of Section 2265.
(c)Within 10 days of receipt, the Secretary of State shall publish the information described in paragraph (2) of subdivision (b) on its internet website.
Amended by Stats. 2024, Ch. 378, Sec. 1. (AB 2127) Effective January 1, 2025. Repealed as of January 1, 2030, by its own provisions.
(a)The Secretary of State shall establish a taskforce that includes all of the following members:
(1)The Secretary of State’s NVRA coordinator.
(2)The department’s NVRA coordinator.
(3)County elections officials.
(4)Individuals with demonstrated language accessibility experience for languages covered under the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.).
(5)Representatives of the disability community and community organizations and individuals that advocate on behalf of, or provide
services to, individuals with disabilities.
(6)Experts with demonstrated experience in the field of elections.
(7)Experts with demonstrated experience in the field of civic design.
(b)The Secretary of State shall convene the taskforce for meetings at least quarterly.
(c)The taskforce shall consult with the Secretary of State and the department on the development of the annual review required by Section 2276.
(d)The taskforce shall advise the Secretary of State and the department on the effective implementation of the California New Motor Voter Program.
This section shall remain in effect only until January 1,
2030, and as of that date is repealed, unless a later enacted statute that is enacted before January 1,
2030, deletes or extends that date.
Added by Stats. 2021, Ch. 314, Sec. 16. (AB 796) Effective January 1, 2022.
The Secretary of State, in consultation with the department and the taskforce described in Section 2275, shall annually review the effectiveness of the California New Motor Voter Program and draft a written report. The written report shall, at a minimum, include all of the following:
(a)Information about trends of voters registering through the California New Motor Voter Program.
(b)An analysis of the information described in Section 2274 for the preceding year.
(c)A summary of any significant errors or delays during the preceding year with respect to processing
or transmitting the records specified in subdivision (b) of Section 2265, and how those incidents were resolved.
Added by renumbering Section 2270 by Stats. 2021, Ch. 314, Sec. 11. (AB 796) Effective January 1, 2022.
The Secretary of State shall adopt regulations to implement this chapter, including regulations addressing both of the following:
(a)A process for canceling the registration or preregistration of a person who is ineligible to vote, but became registered or preregistered under the California New Motor Voter Program in the absence of any violation by that person of Section 18100.
(b)An education and outreach campaign informing voters about the California New Motor Voter Program that the Secretary of State will conduct to implement this chapter. The Secretary of State may use any public and private funds available for this and shall provide
materials created for this outreach and education campaign in languages other than English, as required by the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).