Voter registration: California New Motor Voter Program.

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 certain conditions are satisfied. This bill would make the duty of the Department of Motor Vehicles to electronically provide records of a person to the Secretary of State pursuant to this program contingent on the person submitting proof that he or she is a citizen of the United States, as specified. Existing law makes it a crime for a person to willfully cause, procure, or allow himself or herself or any other person to be registered as a voter, knowing that he or she or that other person is not entitled to registration. The California New Motor Voter Program establishes a presumption that the registration of a person who is ineligible to vote and becomes registered to vote by operation of the program in the absence of a violation of the crime described above has been effected with official authorization and not the fault of the person. Existing law also makes it a crime to fraudulently vote or attempt to vote. The California New Motor Voter Program establishes a presumption that a person who is ineligible to vote and becomes registered to vote by operation of the program and votes or attempts to vote acted with official authorization and is not guilty of this crime, unless the person willfully votes or attempts to vote knowing that he or she is not entitled to vote. This bill would repeal these presumptions. Because repealing the presumption regarding fraudulent voting would expand the scope of that crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.