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CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

95

Introduced by Assembly Member Berman

February 20, 2025

An act to amend, repeal, and add Section 2196 of the Elections Code, relating to elections.

Vote: majority   Appropriation: no   Fiscal committee: yes   Local program: no

LEGISLATIVE COUNSEL’S DIGEST

Existing law authorizes a person who is qualified to register to vote and who has a valid California driver’s license or state identification card to submit an affidavit of voter registration electronically on the Secretary of State’s internet website. Existing law requires this affidavit to contain a statement that the county elections official must compare the affiant’s signature on the identification envelope for the return of a vote by mail ballot with the signatures appearing in the voter’s registration record, including the signature appearing on the applicant’s driver’s license or state identification card. The Secretary of State must require a person who submits such an affidavit to submit, among other things, the number from their California driver’s license or state identification card.

This bill would additionally authorize a person who is qualified to register to vote to submit an affidavit of voter registration on the Secretary of State’s internet website even if the person has not been issued a California driver’s license or state identification card, as long as the person provides the last four digits of their social security number with their affidavit. The bill would require the Secretary of State to develop a method to collect an electronic image of the applicant’s signature, and would require this collection method to be accessible to people with disabilities. The bill would additionally authorize a county elections official to compare the affiant’s signature on the identification envelope for the return of a vote by mail ballot with this electronic image of the affiant’s signature. The bill would authorize the Secretary of State to authenticate the identity of an applicant who electronically submits an affidavit of voter registration without providing a California driver’s license or state identification card by verifying the last 4 digits of the applicant’s social security number, the applicant’s full name, and the applicant’s date of birth. The bill would specify that its provisions become operative on September 1, 2027. January 1, 2029.

The people of the State of California do enact as follows:

SECTION 1.

Section 2196 of the Elections Code is amended to read:

2196.

(a) (1) Notwithstanding any other law, 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 Secretary of State’s internet website.

(2) An affidavit submitted pursuant to this section is effective upon receipt of the affidavit by the Secretary of State if the affidavit is received on or before the last day to register for an election to be held in the precinct of the person submitting the affidavit.

(3) The affiant shall affirmatively attest to the truth of the information provided in the affidavit.

(4) The affidavit shall contain, before or at the time that the applicant affirmatively assents to the use of the applicant’s signature pursuant to paragraph (5), a statement that the county elections official shall compare the affiant’s signature appearing on an identification envelope for the return of a vote by mail ballot cast in a future election with the signatures appearing in the voter’s registration record, including the signature appearing on the applicant’s driver’s license or state identification card.

(5) For voter registration purposes, the applicant shall affirmatively assent to the use of the applicant’s signature from the applicant’s driver’s license or state identification card.

(6) For each electronic affidavit, the Secretary of State shall obtain an electronic copy of the applicant’s signature from the applicant’s driver’s license or state identification card directly from the Department of Motor Vehicles.

(7) The Secretary of State shall require a person who submits an affidavit pursuant to this section to submit all of the following:

(A) The number from the person’s California driver’s license or state identification card.

(B) The person’s date of birth.

(C) The last four digits of the person’s social security number.

(D) Any other information the Secretary of State deems necessary to establish the identity of the affiant.

(8) Upon submission of an affidavit pursuant to this section, the electronic voter registration system shall provide for immediate verification of both of the following:

(A) 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 Department of Motor Vehicles.

(B) That the date of birth provided by the applicant matches the date of birth for that person that is on file with the Department of Motor Vehicles.

(9) The Secretary of State shall employ security measures to ensure the accuracy and integrity of affidavits of voter registration submitted electronically pursuant to this section.

(b) The Department of Motor Vehicles shall use the electronic voter registration system required by this section to comply with its duties and responsibilities as a voter registration agency pursuant to the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.).

(c) The Department of Motor Vehicles and the Secretary of State shall 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 Secretary of State 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 section.

(d) If an applicant cannot electronically submit the information required pursuant to paragraph (7) of subdivision (a), the applicant shall nevertheless be able to complete the affidavit of voter registration electronically on the Secretary of State’s internet website, 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.

(e) This section shall remain in effect until September 1, 2027, January 1, 2029, and as of that date is repealed.

SEC. 2.

Section 2196 is added to the Elections Code, to read:

2196.

(a) (1) Notwithstanding any other law, a person who is qualified to register to vote may submit an affidavit of voter registration electronically on the Secretary of State’s internet website pursuant to this section.

(2) An affidavit submitted pursuant to this section is effective upon receipt of the affidavit by the Secretary of State if the affidavit is received on or before the last day to register for an election to be held in the precinct of the person submitting the affidavit.

(3) The affiant shall affirmatively attest to the truth of the information provided in the affidavit.

(4) The affidavit shall contain, before or at the time that the applicant affirmatively assents to the use of the applicant’s signature pursuant to paragraph (5), a statement that the county elections official shall compare the affiant’s signature appearing on an identification envelope for the return of a vote by mail ballot cast in a future election with the signatures appearing in the voter’s registration record, including the signature appearing on the applicant’s driver’s license or state identification card or any electronic image of the applicant’s signature collected pursuant to paragraph (10).

(5) For voter registration purposes, the applicant shall affirmatively assent to the use of the applicant’s signature from the applicant’s driver’s license or state identification card or the electronic image of the applicant’s signature collected pursuant to paragraph (10).

(6) For each electronic affidavit, the Secretary of State shall obtain an electronic copy of the applicant’s signature from the applicant’s driver’s license or state identification card directly from the Department of Motor Vehicles, or for applicants not providing a California driver’s license or state identification number pursuant to paragraph (7), an electronic image of the applicant’s signature collected pursuant to paragraph (10).

(7) The Secretary of State shall require a person who submits an affidavit pursuant to this section to submit all of the following:

(A) If a person has been issued a California driver’s license or state identification card, the number from the person’s California driver’s license or state identification card.

(B) The person’s date of birth.

(C) The last four digits of the person’s social security number.

(D) Any other information the Secretary of State deems necessary to establish the identity of the affiant.

(8) Upon submission of an affidavit providing a California driver’s license or state identification number pursuant to this section, the electronic voter registration system shall provide for immediate verification of both of the following:

(A) 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 Department of Motor Vehicles.

(B) That the date of birth provided by the applicant matches the date of birth for that person that is on file with the Department of Motor Vehicles.

(9) (A) Upon submission of an affidavit pursuant to this section not providing a California driver’s license or state identification number, but providing the last four digits of the applicant’s social security number, the electronic voter registration system shall authenticate the identity of the applicant under a process developed by the Secretary of State that verifies provide for verification of all of the following information using information maintained by the Secretary of State or the federal Social Security Administration:

(i) The last four digits of the applicant’s social security number.

(ii) The applicant’s full name.

(iii) The applicant’s date of birth.

(10) The Secretary of State shall develop a method to collect an electronic image of a signature for an applicant under paragraph (9), as well as a process for transmitting the image of that applicant’s signature to the statewide voter registration database and the county election management systems to allow a person who is qualified to register to vote in California to register to vote under this section. The method described in this paragraph shall be accessible to people with disabilities. The Secretary of State may prescribe technical, security, accessibility, quality, retention, and transmission standards necessary to implement this method.

(11) The Secretary of State shall employ security measures to ensure the accuracy and integrity of affidavits of voter registration submitted electronically pursuant to this section.

(b) The Department of Motor Vehicles shall use the electronic voter registration system required by this section to comply with its duties and responsibilities as a voter registration agency pursuant to the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.).

(c) The Department of Motor Vehicles and the Secretary of State shall 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 Secretary of State 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 section.

(d) If an applicant cannot electronically submit the information required pursuant to paragraph (7) of subdivision (a), or if an applicant under paragraph (9) of subdivision (a) is unable to provide an electronic image of the applicant’s signature pursuant to paragraph (10) of subdivision (a), the applicant shall nevertheless be able to complete the affidavit of voter registration electronically on the Secretary of State’s internet website, 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.

(e) This section shall become operative on September 1, 2027. January 1, 2029.