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MEMORANDUM OF AGREEMENT

This Memorandum of Agreement ("Agreement") is entered into between the United States of America, through the Civil Rights Division of the United States Department of Justice ("Department"), and the State of California, through the Office of the Secretary of State ("Secretary").

Statement of the Parties

The Department and the Secretary hereby recognize the following:

     1.  In the Help America Vote Act of 2002 ("HAVA"), 42 U.S.C. 15301 et seq., Congress set forth in Title III certain uniform and nondiscriminatory election technology and administration requirements for States in the administration of elections for federal office.

     2.  As of this date, the United States of America has provided the State of California with $348,900,661 in federal funds for purposes of assisting California's compliance with Title III of HAVA. This includes $264,237,124 in funds under Section 251 of HAVA, $57,322,707 under Section 102 of HAVA, and $27,340,830 under Section 101 of HAVA.

     3.  Section 303(a) of HAVA, 42 U.S.C. 15483(a), requires each State with voter registration requirements for elections for federal office to implement, through the chief State elections official, a single, uniform, official, centralized, interactive computerized statewide voter registration list. HAVA requires the list to be defined, maintained and administered at the State level, to contain the name and registration information of every legally registered voter in the State, and to assign a unique identifier to each legally registered voter in the State.

     4.   Section 401 of HAVA, 42 U.S.C. 15511, provides the Department with enforcement authority for the election technology and administration requirements of Title III, including the statewide voter registration list requirements of Section 303(a).

     5.   The Secretary, as the chief elections official of the State of California, is principally responsible for the implementation of the statewide voter registration list requirements of Section 303(a) of HAVA in California. Calif. Elec. Code 10, 2168; Calif. Gov. Code 12172.5.

     6.    The statewide voter registration list requirements of Section 303(a) will become effective with regard to California on January 1, 2006, since California received a waiver until such date from the United States Election Assistance Commission, pursuant to 42 U.S.C. 15483(d)(1)(B).

     7.  On January 11, 2005, the Office of the Secretary sent a letter to the Department seeking its guidance with regard to California's proposed plan for compliance with the statewide voter registration list requirements of Section 303(a). This proposal included a plan for interim short term compliance with these requirements by January 1, 2006 through modification of the State's existing CalVoter voter registration system, as well as a plan for long term compliance with Section 303(a) through development and implementation of a new VoteCal voter registration system to be completed and operational after the January 1, 2006 effective date. Following receipt of the letter, the Department expressed to the Office of the Secretary that its initial proposal did not comply with Section 303(a) of HAVA.

     8.  There was a lack of adequate planning and action by the prior leadership of the Office of the Secretary before January 2005 in the development and implementation of a statewide voter registration list that would comply with Section 303(a) of HAVA. There were also disruptive circumstances in the operations of the Office of the Secretary of State, including the resignation of the previous Secretary of State on February 2, 2005 and the subsequent appointment and legislative confirmation on March 30, 2005 of the current Secretary. The actions of the prior leadership of the Office of the Secretary placed the State in imminent danger of not having a HAVA-compliant statewide voter registration system in place by the January 1, 2006 deadline for compliance with Section 303(a), and have made it impossible for the State to meet the requirements by January 1, 2006 in the optimum manner desired by the State.

     9.  The Department and the Secretary have been engaged in extensive discussions since the Secretary's initial January 11, 2005 contact with the Department. These discussions have been aimed at achieving California's interim compliance with the requirements of Section 303(a) by January 1, 2006, using an enhanced Calvoter statewide voter registration system, pending development and completion of the new VoteCal statewide voter registration system designed by the State for optimum compliance with Section 303(a). During this time, the Secretary has been very open and cooperative with the Department and has expended significant effort in working toward a plan for compliance with Section 303(a).

     10.  It is the intent of the Secretary and the Department that the Secretary: (a) immediately complete development and begin implementation of a short term interim strategy for compliance by January 1, 2006 with all requirements of Section 303(a) to the greatest extent technologically and procedurally possible; and (b) as soon as practicable, secure all necessary State approvals to complete development and implementation of a longer term solution for replacing the interim system with a new permanent statewide voter registration system for compliance with Section 303(a).

Terms of Agreement

     NOW, THEREFORE, for full and adequate consideration given and received, the Department and the Secretary agree as follows:

     1.   The State of California, through the California Secretary of State, the State's chief elections official, agrees to complete development and begin implementation of the interim plan for compliance with the statewide voter registration list requirements of Section 303(a) of HAVA as set forth in "Implementation of California's Interim HAVA Solution Proposed Plan v 4.2" dated October 11, 2005 ("Plan v 4.2") Attachment A), draft regulations (Attachment B), Calvoter Interim Enhancements Feasibility Study Report (FSR) dated September 26, 2005 (Attachment C), and Calvalidator Interim Enhancements FSR dated September 26, 2005 (Attachment D), no later than January 1, 2006. The proposed plan set forth in Plan v 4.2 and implementing regulations provides, among other things, for the following:

       (a)  All county voter registration lists, including both active and inactive voters, will be merged into CalVoter to become the official statewide voter registration list for elections for federal office as of January 1, 2006, to be used to determine eligibility to vote, issuance of ballots and whether or not to count provisional ballots;

       (b)  The Secretary will promulgate a set of data exchange standards to which all counties must adhere in submitting information to CalVoter;

       (c)  Each registered voter in the State will be identified through a unique identifier number generated from the voter's California driver's license/California ID number (where the registrant has such number), the last four digits of the voter's federal social security number (where the registrant does not have a driver license or state ID number), or other combination of information designed to produce the same unique identifier each time a person registers to vote (for persons who do not have a driver license, state ID or social security number);

       (d)  Counties will be required to keep information in their election management systems, which they will upload to CalVoter on a regular basis, concerning, among other things, a registrant's vote history, list maintenance activities, the registrant's unique identifier number and whether that unique identifier has been verified against state driver license/ID number records or federal social security records, whether the registrant is a first-time registrant by mail covered by HAVA's identification requirements and whether those identification requirements have been satisfied;

        (e)  Specific timetables and schedules are set forth governing State and county actions with regard to registration list updates, duplicate checking and list maintenance;

       (f)   Modifications will be made to the existing CalValidator system, which provides State and county election officials access to California DMV records for purposes of verification of registrants' identification information, to enable real-time access to such information as well as, where necessary, access through DMV to federal Social Security Administration (SSA) records (including prompt conclusion of the agreement with SSA to establish the necessary connection);

       (g)  Computer interfaces will be modified or constructed to enable access by state and local election officials to state death records of the Department of Health Services and state felony records of the California Department of Corrections for purposes of list maintenance;

       (h)   The State will utilize the Postal Service's National Change of Address service to conduct monthly checks of address changes that will be transmitted to counties for registration list updates (except during the three months before an election for federal office);

       (i)  The State will design and implement automated and other processes to monitor county compliance with the statewide voter registration list requirements and will take specific action to secure county compliance where necessary;

       (j)  Counties will certify compliance with all pertinent voter registration list requirements following each election for federal office conducted in the State.

     2.  In order to implement Plan v 4.2 throughout the State and to ensure compliance with Plan v 4.2 by county elections officials, the Secretary agrees to begin immediately the process required by State law for promulgation and implementation of the draft regulations in Attachment B. The Secretary agrees to make all best efforts to ensure such regulations are in place as soon as practicable, and in no event later than December 31, 2005.

     3.   In order to obtain full compliance with Section 303(a) and this Agreement, the State agrees to use HAVA funds to replace any county election management systems in California which cannot comply with Plan v 4.2, its implementing regulations and the data exchange standards required by Plan v 4.2, by no later than the June 2006 election for federal office (as set forth in Plan v 4.2). The State currently anticipates that only a small number of county election management systems may be non-compliant with the data exchange standards. While these counties are currently part of the Calvoter network, their election management systems may not be able to maintain all of the data required by Plan v 4.2, its implementing regulations, and the data exchange standards.

     4.   The Secretary agrees to develop and implement the new VoteCal statewide voter registration system as set forth in the VoteCal FSR, submitted to the California Department of Finance on July 15, 2005 (Attachment E), as finally approved by the appropriate State authorities in accordance with State law. The State agrees to make all best efforts to complete the VoteCal development and implementation process expeditiously and in a time frame shorter than contemplated by the FSR, particularly in view of the progress made during the development of the interim Calvoter solution.

     5.   The Department agrees that, if the Secretary (a) fully implements the Plan v 4.2 interim statewide voter registration database plan as described in Attachments A to D, and puts into effect the implementing regulations in Attachment B, both according to the time schedule set forth above and (b) develops and fully implements the VoteCal statewide voter registration system as proposed in Attachment E, the Department will refrain from initiating federal court litigation to enforce the requirements of Section 303(a) of HAVA against the State.

     6.   The Secretary agrees to take the following actions to advise the Department of the State's progress in carrying out the terms of this Agreement:

       (a)   Report to the Department on a weekly basis until January 1, 2006 and on a monthly basis thereafter, in writing or through personal report from Office of the Secretary staff, concerning progress in implementing Plan v 4.2 and its related regulations and in development and implementation of VoteCal;

       (b)   Advise the Department within 24 hours in writing as well as by personal contact, of any occurrence which may give rise to noncompliance with any term of this Agreement.

     7.   The Secretary agrees to retain any and all records concerning the subject matter of this Agreement during the term of this Agreement. The Secretary further agrees that the Department shall have access to all such records within a reasonable period of time after request. The Secretary agrees to make appropriate State personnel available to the Department at any and all reasonable times in order to answer questions and provide information concerning compliance issues which arise during the term of this Agreement.

     8.   To the extent there are any conflicts between the description of the State's plans for its interim statewide voter registration system in the proposed regulations in Attachment B and the Plan v 4.2 overview in Attachment A, the proposed regulations in Attachment B will control as to the content of the parties' agreement.

     9.   If at any time the Department obtains information that the State is or is about to be in breach of any of the terms of this Agreement, the Department shall advise the Secretary in writing by notice sent to th Secretary by regular mail and facsimile. The Secretary shall have 5 business days following transmission of such notice to respond in writing to the Department. The parties shall thereafter immediately attempt to resolve any issue of potential noncompliance. If the parties are unable to agree on a resolution of the issue, the Department may take appropriate action to enforce the terms of this Agreement or terminate the Agreement and enforce Section 303(a) as provided in Section 401 of HAVA. Nothing in this Agreement shall prevent the Department from taking any actions required to enforce any and all other applicable provisions of HAVA. Any notices sent by the respective parties pursuant to this provision shall be sent to:

Chief
Voting Section
Civil Rights Division
U.S. Department of Justice
950 Pennsylvania Ave., N.W., Room 7254-NWB
Washington, D.C. 20530
Phone: (800) 253-3931
Fax: (202) 307-3961

For the Secretary:

Chief
Elections Division
Office of the Secretary of State
1500 11th Street, 5th Floor
Sacramento, California 95814
Phone: (916) 657-2166
Fax: (916) 653-3214

     10.   This Agreement will remain in effect unti such time as the State has completed implementation of the VoteCal statewide voter registration system as set forth in the July 15, 2005 FSR (Attachment E) and as finally approved in accordance with State law.

     11.   This Agreement is entered into on this 2nd day of November, 2005 and shall be effective immediately.



Agreed to:

For the Department:

           ALBERTO R. GONZALES
           Attorney General

           _____/s/_______________
           BRADLEY J. SCHLOZMAN
           Acting Assistant Attorney General

           _____/s/_______________
            JOHN K. TANNER
            Chief, Voting Section

           _____/s/_______________
           T. CHRISTIAN HERREN JR. (chris.herren@usdoj.gov)
           BRIAN F. HEFFERNAN (brian.f.heffernan@usdoj.gov)
           Voting Section
           Civil Rights Division
           U.S. Department of Justice
           950 Pennsylvania Ave., N.W., Room 7254-NWB
           Washington, D.C. 20530
           Phone: (800) 253-3931
           Fax: (202) 307-3961

For the Secretary:

           BRUCE McPHERSON
           Secretary of State

          

           By: _____/s/_______________
           WILLIAM P. WOOD
           Undersecretary of State
           Office of the Secretary of State
           1500 11th Street, 5th Floor
           Sacramento, California 95814
           Phone: (916) 657-2166
           Fax: (916) 653-3214





Implementation of California's Interim HAVA Solution
Proposed Plan v 4.2
October 11, 2005

     1. Single, Uniform, Complete, Official List of All Registered Voters

To establish the voter registration list contained in the Secretary of State (SOS) Calvoter system as the official list of registered voters for Federal elections in California, the SOS will complete the following steps by December 31, 2005:

1. Implement regulations and procedures to synchronize the Calvoter voter registration (VR) database with the VR lists maintained in the 58 county Election Management System (EMS) databases each business day. At the completion of each synchronization procedure, the substantive contents of Calvoter will be identical to the cumulative contents of the county VR databases;

2. Implement regulations and procedures to ensure that all elections decisions in Federal elections are based on data in the official, Calvoter voter registration list

3. Implement regulations, procedures and technical changes to require that all information explicitly or implicitly required by HAVA and the National Voter Registration Act of 1993 (NVRA) are recorded within Calvoter and each county EMS. The SOS will implement technical systems and procedures to verify that all required information is correctly maintained by each county. SOS will implement regulations and procedures to ensure correction of any identified deficiencies.

4. Implement regulations and procedures to include in Calvoter all inactive voter records stored in the county EMSs.

5. Implement regulations, procedures and technical systems to check all voter registration addresses against the National Change Of Address (NCOA) registry at least once each month (except during the three months before a Federal election), and automatically transmit specific directions to counties to research and correct the information stored in Calvoter and the county EMSs within 5 business days of notification.

6. Implement regulations, procedures and technical systems to verify that all data contained in Calvoter is valid and in the proper format, and automatically notify counties of required changes. Counties will be required to correct and upload all data within 5 business days of notification.

HAVA requires that local elections officials have immediate access to the statewide voter registration list. Calvoter provides direct online access to its voter registration database by the counties.

HAVA also requires that local elections officials immediately update records after new data is received. SOS will promulgate regulations to require each county to update the Calvoter voter registration database with all changes the same day those changes are made to the county EMS databases. Processes will be established and maintained so that the Calvoter voter registration database is synchronized with all county EMS databases each business day. SOS will verify that county EMS vendors have developed technical processes to ensure that the daily update files, when applied to the Calvoter database, ensure that the data in Calvoter is identical to the data in each county's database. SOS will require each county to periodically upload its entire voter registration file so that SOS can verify that the databases are fully and accurately synchronized.

SOS will develop regulations, processes and procedures to ensure that all decisions regarding eligibility to vote, issuance of ballots, and the acceptance or rejection of provisional ballots in Federal elections, will be based upon the state's official list. When business processes require the use of the county EMS database for these decisions, SOS procedures will be implemented and maintained to ensure that these decisions are identical to decisions made by direct reference to the state list.

Elections officials are required by statute and regulation to perform list maintenance activities in a specified manner. In order to ensure that county elections officials perform list maintenance activities required by HAVA and NVRA, SOS is promulgating regulations requiring counties to collect and retain in their EMS databases the last federal election in which the registrant voted, the date a notice pursuant to Section 8(d)(2) of the NVRA was sent to the voter, whether the voter responded to the notice and was returned to active status, and the date the voter was placed on inactive status. To assist in list maintenance activities, the SOS will implement an internal server to receive current NCOA data, and to check all current voter registrations against the NCOA data at least monthly (except during the three months before a Federal election) to identify voters who have relocated.

Counties will be required to upload this list maintenance information to the Calvoter official list, and to perform list maintenance activities on a specified schedule. SOS will develop and maintain automated processes to verify that each county is recording and uploading the required data elements, and that the counties are performing required list maintenance activities. When such processes indicate that a county is not complying with such requirements, the SOS will take increasingly escalating actions to obtain county compliance, including but not limited to investigation of procedural or technological impediments to compliance, inquiry and investigation regarding the need for training, development and deployment of technological and procedural solutions, as necessary, and taking punitive action including litigation.

Proposed Technical Changes

  • SOS will modify processes to ensure that all uploads are processed from the counties so that the Calvoter voter registration database is synchronized with county voter registration databases at least once each business day. Counties will normally upload the changes made to their VR files each day; SOS will periodically require counties to upload their entire VR files to allow SOS to ensure that the daily upload processes are accurate and complete.

  • Counties will include inactive voters in all data uploads to Calvoter.

  • SOS will acquire additional hardware to accommodate inactive records. (At this time, SOS is estimating the inactive records in county EMSs number approximately 15 million.) SOS will modify automated ballot pamphlet mailing processes to prevent mailings to inactive voters.

  • SOS will assign unallocated fields in Calvoter to contain information tracking county list maintenance activities, including the date registrants became inactive and the date NVRA Section (8)(d)(2) notices and other list maintenance mailings were sent. SOS will modify the specifications and data format for the uploads required from the county EMS to include the additional data. Counties will modify their EMS and procedures to upload the additional data. SOS will modify computer processes to load the additional fields into the Calvoter database.

  • SOS will develop automated processes to verify the presence, format and consistency of all VR data fields. These processes will include statistical analysis to identify counties whose VR data is not consistent with expectations (e.g., too high a percentage of inactive voters, or too many records with generated voter identifiers).

  • Counties whose EMSs cannot be modified to meet the new data and upload requirements will be migrated to a compliant EMS before the June 2006 federal election.

  • SOS will add functionality outside of Calvoter to validate that data uploaded to Calvoter from counties meets data format standards, and to generate notifications to counties of corrections required. Counties will be required to correct substantive errors, those that affect the determination of voter eligibility or the detection of duplicate registrations or errors that prevent the data from being loaded to Calvoter, within 5 business days of notification. Records with nonsubstantive errors will be loaded into the database, and a notice sent to the county. Counties will be required to correct and re-upload records with nonsubstantive errors within 5 business days of notification.

  • SOS will add processes to existing Calvoter functionality to process NCOA information on a monthly basis (except during the three months before a Federal election), and to generate electronic notices to counties of apparent address changes for their registrants.

Proposed Regulations

A complete copy of the draft regulations proposed by SOS is attached hereto as Attachment B. The relevant regulations regarding the Single, Uniform, Complete, Official List of All Registered Voters solution are:

20108 - Purpose of the chapter - to establish standards and procedures for transmitting and maintaining voter registration records in conformance with HAVA.

20108.1 - Definitions

20108.12 - Action required by county elections official to update, change or cancel a voter registration record.

20108.15 - Data exchange standards

20108.18 - Official statewide voter registration list maintained by state

20108.20 - Requirements of county Elections Management Systems

20108.25 - Deficient voter registration records

20108.35 - Active voter files

20108.36 - Inactive voter files

20108.40 - Updating Calvoter

20108.50 - National Change of Address Processing

20108.51 - Department of Motor Vehicles Change of Address Processing

20108.75 - Voter history



2.   Unique Voter Identification and Elimination of Duplicate Voter Registration Records

To facilitate identification of voters and ensure one person is not registered multiple times, the use of a unique identifier is critical. SOS proposes to implement an array of technical systems, procedures, and regulations to associate a verified unique identifier with every voter in Calvoter and the county VR databases. SB 1016, signed into law October 7, 2005, provides that persons registering to vote in California must provide the identification number information required by Section 303 (a)(5) of HAVA.

The SOS will obtain current identification data from the state Department of Motor Vehicles (DMV), and apply a combination of technical and procedural steps to determine whether a California Driver's License (CDL) or California Identification Card (CA ID) has been issued to each existing voter in the system. If either can be accurately associated with a voter, the CDL or CA ID number will be entered into the county EMS VR database as the unique identifier for the voter and uploaded to Calvoter.

If it is determined that the existing voter has not been issued a CDL, CA ID or social security number (SSN), a unique identifier will be generated and assigned to the voter. This generated unique identifier will be based upon the name and date of birth of the voter, and will be assigned according to procedures that ensure that the same identifier will be assigned each time the individual registers to vote, without requiring the voter to present the identifier.

For new registrants, the SOS will modify its existing CalValidator system to provide an automated mechanism for counties to verify or obtain a unique identifier for each voter. This system will include a copy of the DMV identification file. Counties will use the system to check individual voter records, or to check groups, or batches, of records, against DMV and SSN records. If a record is not found on the local copy of the DMV files, the system will automatically check the DMV system for a newer record.

For each voter record presented, CalValidator will check the DMV data to verify that the CDL or CA ID, if provided, matches the presented name and date of birth for the registrant.

If no CDL or CA ID is provided, but a partial SSN is, the system will check DMV records to see if the partial SSN, name and date of birth matches a record with an assigned CDL or CA ID, and if so, will return that information to the county elections official for further verification. If no record is found in the DMV files, CalValidator will automatically check the partial SSN, name and date against Social Security Administrator's (SSA) records. If a match is found, this information will be returned to the county elections official, who will use the SSN and date of birth in a specified format to assign a unique identifier to the voter.

If no CDL, CA ID or SSN is provided by the registrant and none can be determined through CalValidator, or if the presented information cannot be verified through CalValidator, the elections official will contact the registrant to attempt to obtain a valid identifier. If it is determined that the voter has not been issued a CDL, CA ID or SSN, a unique identifier will be generated and assigned to the voter. This generated unique identifier will be based upon the name and date of birth of the voter, and will be assigned according to procedures that ensure that the same identifier will be assigned each time the individual registers to vote, without requiring the voter to present the identifier.

SOS will run processes against the Calvoter database at least weekly to identify potential duplicate voters. These processes will use both the unique identifier, and a rotating group of alternate criteria, to identify potential duplicates, including instances where the voter may have changed his or her name. Counties will be notified automatically of potential duplicate records, and will be required by regulation to research and cancel any duplicate records within 5 business days of notification.

Proposed Technical Solution

  • SOS currently operates CalValidator, an automated system that allows counties to check the CDL or CA ID presented by registrants against a copy of the DMV files.

  • SOS will update the copy of the DMV files used by CalValidator with current data. SOS will modify processes to obtain a current copy from DMV at least twice each year.

  • SOS will modify its existing CalValidator system to automatically check the online DMV system if a matching record for a voter is not found in the local copy of the database.

  • SOS will modify CalValidator to allow counties to submit a partial SSN for verification where a CDL or CA ID has not been provided. CalValidator will be modified to check the local copy of the DMV records for a match of the partial SSN, date of birth and name of the voter, and to return the CDL or CA ID, if found. SOS will modify CalValidator to send an automatic query to DMV if no match is found on the local copy of the DMV files.

  • DMV will develop a new transactional interface with CalValidator to accept CDL, CA ID or partial SSN data, along with name and date of birth, and to check this information against its files. If no match is found for a partial SSN in its files, it will automatically generate an online query to the Social Security Administration (SSA), which will compare the partial SSN, name and date of birth against its data. SSA will automatically return the results of this check to DMV, which will automatically return the results to CalValidator.

  • After an initial period to allow counties to clear duplicate inactive records, SOS will modify the existing Calvoter duplicate check process to provide repeated notifications of duplicate unique identifiers in its VR database until the duplicate is corrected by the appropriate county.

  • County VR systems will be modified to record and upload to Calvoter whether the registrant's identification has been checked against DMV and SSA records through Calvalidator. Calvoter will be modified to store this information. The databases will include a notation to indicate that this identifier was verified.

Proposed Regulations

A complete copy of the draft regulations proposed by SOS is attached hereto as Attachment B. The relevant regulations regarding the Unique Voter Identification and Elimination of Duplicate Voter Registration Records solution are:

20108 - Purpose of the chapter - to establish standards and procedures for transmitting and maintaining voter registration records in conformance with HAVA.

20108.1 - Definitions

20108.12 - Action required by county elections official to update, change or cancel a voter registration record.

20108.15 - Data exchange standards

20108.18 - Official statewide voter registration list maintained by state

20108.20 - Requirements of county Elections Management Systems

20108.25 - Deficient voter registration records

20108.30 - Confirmation of California driver's license and state identification numbers for affidavits of registration submitted prior to 01/01/06

20108.37 - Processing new voter registration applications

20108.40 - Updating Calvoter

20108.60 - Duplicate registration records

20108.65 - Verification of driver's license numbers, state identification numbers and Social Security numbers

20108.70 - Processing voter registration affidavits that do not contain a driver's license number, state identification number or Social Security number

3. Obtain Data from Other State Agencies to Identify Ineligible Registrations

HAVA requires states to match records of deceased persons against state voter records to ensure deceased persons are removed from the rolls, and that new registrants are not identified as deceased. HAVA also requires states to match felony records against state voter records to ensure that convicted felons who are ineligible to vote are removed from the rolls.

SOS currently uses automated processes to check for duplicate records in the Calvoter voter registration database. SOS will obtain electronic records of deceased persons from the state Department of Health Services, and of ineligible felons and persons on parole from the state Department of Corrections and Rehabilitation.

Calvoter will be modified to compare records of deceased persons and ineligible felons against its list of registered voters at least weekly. SOS will automatically transmit notices to counties to research and remove any voters thereby determined to be ineligible within 5 business days of notification.

Counties will continue to obtain death and felon notices from local authorities, and will be required by regulation to process those notices on a specified basis in accordance with state and federal elections law.

Proposed Technical Solution

  • The California Department of Corrections and Rehabilitation will develop an automated process to send records of ineligible felons and persons on parole to the SOS as an electronic file.

  • SOS will modify Calvoter to load records of ineligible felons and persons on parole into a special, "59th county" file. The routine duplicate check process run each week by the SOS will identify registrations that appear to match ineligible felon or parolee records. SOS will automatically send notices of these possible ineligible voters to the registrant's county, which will be required to verify and delete confirmed ineligible voters within 5 business days of notification.

  • The California Department of Health Services currently sends electronic notices of recently deceased residents to the SOS each month.

  • SOS will modify Calvoter to load records of newly deceased persons into the "60th county" file. The routine duplicate check process run each week by the SOS will identify registrations that appear to match deceased person records. SOS will automatically send notices of these possible deceased voters to the registrant's county, which will be required to verify and delete confirmed ineligible voters within 5 business days of notification.

Proposed Regulations

A complete copy of the draft regulations proposed by SOS is attached hereto as Attachment B. The relevant regulations regarding the "Obtain Data from Other State Agencies to Identify Ineligible Registrations" solution are:

20108 - Purpose of the chapter - to establish standards and procedures for transmitting and maintaining voter registration records in conformance with HAVA.

20108.1 - Definitions

20108.12 - Action required by county elections official to update, change or cancel a voter registration record.

20108.40 - Updating Calvoter

20108.55 - Processing state death and felony status records

4. Requirements for First Time Voters Who Register by Mail

HAVA requires that certain voters that have registered by mail show identification the first time they vote in a Federal election.

To assist in making these determinations, each county must track in its VR system and upload to Calvoter whether the voter is subject to this requirement, or if exempt, the reason for this exemption. Certain supporting information for such exemptions is already or will be recorded in county VR systems and Calvoter.

SOS will develop and operate automated processes to validate that all required information is regularly updated and uploaded to Calvoter.

Proposed Technical Changes

  • County VR systems will record and upload to Calvoter whether the registrant is required to present identification, and if not, the reason for the exemption.

  • County VR systems will record and upload to Calvoter whether the registrant's identification has been verified against DMV or SSA records.

  • County VR systems already record and upload to Calvoter whether the voter has registered by mail.

  • SOS will modify the specifications and data format for the uploads required from the county EMS to require each of these additional data elements to be included in all data sent to Calvoter.

  • SOS will modify computer processes to load the additional fields into the Calvoter database.

  • SOS will develop automated processes to verify the presence, format and consistency (e.g., whether a reasonable proportion of records include particular values.)

Proposed Regulations

A complete copy of the draft regulations proposed by SOS is attached hereto as Attachment B. The relevant regulations regarding the "Polling-place Identification Requirements" solution are:

20108 - Purpose of the chapter - to establish standards and procedures for transmitting and maintaining voter registration records in conformance with HAVA.

20108.1 - Definitions

20108.15 - Data exchange standards

20108.20 - Requirements of county Elections Management Systems

20108.38 - Processing new voter registration applications submitted by mail

5. Expedite Implementation of Fully-Compliant HAVA Voter Registration Database

The SOS will acquire and implement a new VR system that will be fully compliant with all of the VR mandates of HAVA. The new system, to be known as VoteCal, will establish a new statewide VR database to replace the VR database in Calvoter and will eliminate the use of county VR databases. Counties will be allowed to continue use of individual EMSs, but all VR data and automated business processes will be performed by VoteCal.

Information technology automation projects in California are necessarily larger and more complex, and therefore more costly and time-consuming, than comparable projects in most other states. Moreover, the State of California has implemented through statute and regulation sophisticated processes and controls to ensure the successful completion of these efforts. Within this statutory and regulatory framework, SOS has developed a procurement and implementation plan to ensure the most rapid possible completion of the VoteCal project.

Many of the activities described in this document will also assist in expediting the successful completion of the VoteCal effort. Some of the most difficult and labor-intensive activities, such as data standardization and the assignment of a true, unique identifier to each voter record, will be completed within this interim plan. The interim plan also includes the establishment of the required interfaces with external entities, including the Departments of Corrections, Health Services, and Motor Vehicles, and the federal Social Security Administration.

Administrative Requirements

The SOS is required to obtain approval from the state Department of Finance and the California Legislature of specific plans for projects of this size, and for efforts to meet statutory requirements. These plans must be described in a Feasibility Study Report (FSR), which serves as the basis for the required approvals.

SOS submitted the FSR for this project on July 15, 2005, a copy of which is attached hereto as Attachment E. The SOS anticipates approval of the FSR by the Department of Finance by November 1, 2005. The California Budget Act for FY 05/06 requires that the Legislature be given 30 days notice before the SOS expends funds toward the VoteCal system. SOS anticipates expiration of this notice period, and with it, approval by the Legislature for the project, by December 1, 2005.

SOS will begin the formal procurement of the VoteCal system immediately after obtaining Legislative approval for the project.

Procurement

The SOS intends to obtain or develop the fastest possible completion of the VoteCal implementation, while ensuring that the state obtains best value for the procurement in accordance with state law and regulations for competitive procurement. The SOS has selected a "business-based" procurement process to meet this requirement within the specific technical and business environment for statewide VR systems. This competitive procurement process will be used to select a bidder to be awarded a contract to become the system integrator for the project, responsible for all technical tasks associated with implementing the system.

The business-based procurement for VoteCal will not specify a technical solution to the competing bidders. Instead, it will describe the business outcomes and functional requirements of the system, along with overall state goals, such as expedited completion and the minimization of disruption to county VR business processes. The SOS chose this approach because of the variety of technical approaches currently proposed by the vendor community, the uncertain availability of specific vendors due to competing efforts in other states, and the desire for expedited implementation.

The SOS intends to provide incentives for early delivery of the completed system, both by giving competitive weight in the procurement to concrete plans for rapid development and implementation, and by balancing that weight with appropriate penalties for contractor delays.

Concurrent Activities

Through this interim plan, the SOS will complete a number of efforts that otherwise would not begin until the commencement of the VoteCal project with the award of the system integration contract. Several of these efforts are expected to be particularly complex and time-consuming. Their early completion will significantly shorten the time required to complete the VoteCal project.

Interim steps that will reduce the time and effort for the VoteCal project, which are described in more detail elsewhere in this document, include the following efforts:

1.  Establishment of a unique identifier for each voter.

2.  Aggressive elimination of duplicate voter records through the use of the unique voter identifier and other procedures.

3.  Implementation of the enhanced interface to the Department of Motor Vehicles and through that, the interface to the Social Security Administration.

4.  Implementation of the interface to the Department of Health Services for records of deceased voters.

5.  Implementation of the interface to the Department of Corrections and Rehabilitation for records of ineligible felons and persons on parole from felony convictions.

6.  Establishment of procedures and technical processes to record in the VR database additional data elements, such as records of list maintenance activities and voter identification verification requirements as required by HAVA and the NVRA.

7.  Including inactive voter records in statewide duplicate checking and data cleanup activities.

8.  Enforcement of data format and content standards. This effort will provide a substantial reduction in the time and difficulty of creating the VoteCal database.

9.  Implementation of an automated process for using NCOA data to check VR address information.

10.  Enactment of associated state regulations and county procedures necessary for enforcing the VR mandates of HAVA.



TEXT OF PROPOSED REGULATIONS

Add Sections 20108, 20108.1, 20108.12, 20108.15, 20108.18, 20108.20, 20108.25, 20108.30, 20108.35, 20108.36, 20108.37, 20108.38, 20108.40, 20108.45, 20108.50, 20108.51, 20108.55, 20108.60, 20108.65, 20108.70, 20108.75, and 20108.80 of Chapter 2 to Division 7 of Title 2 of the California Code of Regulations.

Chapter 2. Statewide Voter Registration Database

20108. Purpose.

(a) The purpose of this chapter is to establish standards and procedures for processing, transmitting, and maintaining voter registration records in a manner that conforms with the statewide voter registration list requirements set forth in the Help America Vote Act of 2002 (HAVA) (Pub. L. No. 107-252 (2002) 116 Stat. 1666, 42 U.S.C. 15483.)
(b) This chapter applies to the Secretary of State and all elections officials within the State of California in processing, transmitting, and maintaining voter registration records in this state.

Note: Authority cited: Section 12172.5, Government Code; Section 2124, Elections Code.
Reference: Section 14310, Elections Code; Section 303, Pub. L. No. 107-252 (2002) 116 Stat. 1666, 42 U.S.C. 15483.

20108.1. Definitions.
As used in this Chapter, the following words have the following definitions:
(a) "Active voter" means any registered voter that is legally entitled to vote and has not been deemed an "inactive voter" pursuant to the voter registration provisions of Elections Code section 2221.
(b) "Business day" me
(c) "Calvalidator" means the Secretary of State's computer application and system used to validate the California driver's license or state identification number or the last four digits of the social security number of new or existing registrants.
(d) "Calvoter" means the Secretary of State's computer application, system and hardware that receives, transmits, and stores voter registration data for all registered voters in California pursuant to the requirements of Section 303 of HAVA (42 U.S.C. 15483).
(e) "Calvoter workstation" means the Secretary of State's owned personal computer located in the office of each elections official and connected directly to the Calvoter network, which is used to facilitate the exchange of data between each county and the Calvoter database.
(f) "Confirmed California driver's license or state identification number" means a driver's license or state identification number within Calvoter that has been provided to Calvoter by the elections official in the county where the individual registered to vote.
(g) "Deficient registration record" means those records submitted to Calvoter that do not meet the Calvoter data exchange standards set forth in the Calvoter Data Exchange Standards (09/2005).
(h) "Elections management system" means the computerized application and database that manages voter registration and related election functions for a jurisdiction.
(i) "Elections official" means a county clerk or registrar of voters who is responsible for collecting and processing voter registration data within a jurisdiction in the State of California.
(j) "Federal election" means any general, special, primary, or runoff election for any Federal office (President, Vice President, U.S. Senator or U.S. Representative), including presidential preference primaries.
(k) "Full load file" means an electronic data file containing all voter registration records from a county for submission to Calvoter. Such a file must adhere to the format standards set forth in the Calvoter Data Exchange Standards (09/2005).
(l) "Inactive voter" means a voter for whom a county has received: 1) a returned residency confirmation mailing pursuant to California Elections Code section 2220 without a forwarding address within the same county, or 2) information obtained through the United States Postal Service National Change of Address (NCOA) database indicating that the voter has moved outside the county pursuant to California Elections Code sections 2222 and 2226. Per California Elections Code sections 2221 and 2226, such inactive registrants retain the legal right to vote, but need not be mailed election material. Further, inactive voters who do not vote in two consecutive Federal general elections are subject to cancellation of their voter registration pursuant to Section 303(a)(4)(A) of HAVA (42 U.S.C. 15483(a)(4)(A)).
(m) "List maintenance notices" mean any notices mailed to a registered voter for the purpose of verifying registration information about a registrant and to determine a registrant's ongoing eligibility to vote.
(n) "Registration record" means electronically stored data associated with an individual registered voter.
(o) "Registration update file" means an electronic data file for submission to Calvoter that contains all voter registration record changes that have occurred since the last data submission from a county. Such a file must adhere to the format standards set forth in the Calvoter Data Exchange Standards (09/2005).
(p) "Satisfactory proof of identity" means the forms of proof of residency and identity as defined in the California Code of Regulations, title 2, section 20107.
(q) "Verified California driver's license or state identification number" means a registrant's California driver's license or state identificatio
n number that has been verified against California Department of Motor Vehicle records. (r) "Verified social security number" means the last four digits of a registrant's social security number issued by the Social Security Administration that has been verified against the Social Security Administration through the California Department of Motor Vehicle records.
(s) "Voter history" means the electronic record of each time a voter participates in a state or Federal election.

Note: Authority cited: Section 12172.5, Government Code; Section 2124, Elections Code.
Reference: Section 14310, Elections Code; Section 303, Pub. L. No. 107-252 (2002) 116 Stat. 1666, 42 U.S.C. 15483.

20108.12. Action Required.

Unless otherwise provided in law, an elections official who receives a notice requesting a change to, or cancellation of, a voter's registration record pursuant to the California Elections Code or this chapter shall perform and complete the requested action within five (5) business days. During the five (5) business day period, county elections officials shall take all reasonable actions to research and resolve the requested action, including but not limited to, reviewing registration and voting history, reviewing source documents, matching signatures and contacting registrants directly. Performance shall not be complete until the elections official has submitted the fully complete and updated files or full load files to Calvoter in accordance with Section 20108.15 and Section 20108.40.

Note: Authority cited: Section 12172.5, Government Code; Section 2124, Elections Code
. Reference: Section 14310, Elections Code; Section 303, Pub. L. No. 107-252 (2002) 116 Stat. 1666, 42 U.S.C. 15483.

20108.15. Data Exchange Standards. (1)

(a) Beginning on or before January 1, 2006, the Secretary of State shall regularly check and identify records that are not compliant with the Calvoter Data Exchange Standards (09/2005). Elections officials shall correct the deficient registration records in accordance with Section 20108.25 and Section 20108.40.
(b) Except as provided in Section 20108.18, elections officials shall submit all registration records to the Secretary of State. Such records shall be submitted through the Calvoter workstations and adhere to the format standards set forth in the Calvoter Data Exchange Standards (09/2005).
(c) The Secretary of State shall transmit registration records, notices, and other information regarding the statewide voter registration database to elections officials through the Calvoter workstations.
(d) Each elections official shall access the Calvoter workstation each business day to obtain information transmitted by the Secretary of State.
(e) The publication entitled Calvoter Data Exchange Standards (09/2005) may be accessed by elections officials through the county-vendor website or by contacting the Secretary of State's Office.

Note: Authority cited: Section 12172.5, Government Code; Section 2124, Elections Code.
Reference: Section 14310, Elections Code; Section 303, Pub. L. No. 107-252 (2002) 116 Stat. 1666, 42 U.S.C. 15483.

20108.18. Official Statewide Voter Registration List.

(a) On or before December 31, 2005 elections officials shall submit the voter registration lists for each county to Calvoter in accordance with Section 20108.15 and Section 20108.40.
(b) On and after January 1, 2006 the official statewide voter registration list for Federal elections shall be maintained in Calvoter. Elections officials shall use the official statewide voter registration list to determine eligibility to vote, issuance of ballot, and whether or not to count a provisional ballot.
(c) For the purposes of establishing the official voter registration list for a Federal election and determining voter eligibility to vote in that election, includin determining the validity of any provisional ballot cast in that election, only new or updated voter registration data received by county election officials on or before the 15th day prior to the election shall be provided to Calvoter after the 15th day prior to the election through the 28th day after the election, except under the following circumstances:
(1) New or updated voter registration data received pursuant to the production and filing of a certified copy of a judgment of the superior court directing registration to be made;
(2) New or updated voter registration data received by mail in a voter registration affidavit postmarked on or before the 15th day prior to the election;
(3) New or updated voter registration data received in an affidavit submitted to the Department of Motor Vehicles or accepted by any other public agency designated as a voter registration agency pursuant to the National Voter Registration Act of 1993 (42 U.S.C. 1973gg) on or before the 15th day prior to the election;
4) Voter registration data received from new residents in accordance with California Elections Code Section 3400;
(5) Voter registration data received from new citizens in accordance with California Elections Code Section 3500; or
(6) Voter registration data regarding anyone else determined by the Secretary of State or an elections official to have been legally registered to vote as of election day.
(d) For the period beginning on the 15th day prior to a Federal election through the 28th day after the election, all voter registration record additions, updates and deletions not relevant to that election shall be held at the County and not sent to Calvoter until the 29th day following that election.
(e) Elections officials shall provide each polling place in a Federal election with an index of registration provided for the purpose described in California Elections Code section 14216. Elections officials shall ensure that the index of registration is identical to the county index of registration in Calvoter.
(f) New or updated voter registration data that is not received by county election officials on or before the 15th day prior to the Federal election and that is not subject to the circumstances described in paragraphs (1) through (6) above shall be submitted to Calvoter in accordance with Section 20108.15 commencing with the 29th day after the election.
(g) Following the certification of election results by all elections officials, and beginning on the 29th day following the Federal election, the new or updated voter registration data shall be submitted to Calvoter in accordance with Section 20108.15 and Section 20108.40.

Note: Authority cited: Section 12172.5, Government Code; Sections 2124, 3400 and 3500, Elections Code. Reference: Section 14310, Elections Code; Section 303, Pub. L. No. 107-252 (2002) 116 Stat. 1666, 42 U.S.C. 15483.

20108.20. Elections Management System Requirements.
On and after January 1, 2006, each elections official shall maintain an elections management system that receives information from and submits information to Calvoter in accordance with Section 20108.15 and Section 20108.40. The elections management systems shall also maintain and process all of the following information:
(a) The registrant's California driver's license or state identification number and whether that number was verified against California Department of Motor Vehicle records; or, for voters without a California driver's license or identification number issued by the Department of Motor Vehicles, the last four digits of the registrant's social security number and whether that number was verified against Social Security Administration records; or, for voters without a California driver's license or state identification number or a social security number, the unique identifier issued to the voter in accordance with Section 20108.70.
(b) Pending status for each voter registration record until such time as information contained therein is verified in accordance with Section 20108.65 or 20108.70;
(c) Voting history of each registered voter in the county in which the elections official conducts and administers the elections;
(d) Identify those voters who registered by mail, and (i) if so, are required to present satisfactory proof of identity when voting for the first time in a Federal election or, (ii) if not, the reason for the exemption, which are (A) previously voted in a Federal election within the state, (B) submitted satisfactory proof of identification with the voter registration application, (C) provided a driver's license or state identification number or the last four digits of the social security number on the registration application which was verified, (D) entitled to vote absentee under the Uniformed and Overseas Citizens Absentee Voting Act, (E) entitled to vote otherwise than in person under the Voting Accessibility for the Elderly and Handicapped Act, or (F) entitled to vote otherwise than in person under any other Federal law.
(e) Date and type for each mailing list maintenance notice sent to a voter, whether the voter to whom the list maintenance notice was directed responded to the notice, and any resulting updates to voter registration records;
(f) For a voter who is listed in an elections management system as an inactive voter, the reason for the change in status to inactive voter and the date of the change; and
(g) For a voter who is listed in an elections management system as having a cancelled registration, the reason for the change in status to cancelled and the date of the change.

Note: Authority cited: Section 12172.5, Government Code; Section 2124, Elections Code.
Reference: Section 14310, Elections Code; Section 303, Pub. L. No. 107-252 (2002) 116 Stat. 1666, 42 U.S.C. 15483.

20108.25. Deficient Registration Records.
(a) A registration record submitted for the purposes of updating Calvoter that does not contain substantive information required to determine eligibility to vote shall not be accepted by Calvoter and shall automatically be returned to the elections official who submitted the deficient registration record with a deficiency notice. Within five (5) business days of receipt of a deficiency notice pursuant to this subdivision the elections official shall correct and resubmit the registration record to Calvoter in accordance with Section 20108.15 and Section 20108.40. An individual who is the subject of the deficient registration record shall not be registered to vote until the deficient registration record is resubmitted to and accepted by Calvoter. For purposes of this subsection, "substantive information required to determine eligibility to vote" means the facts necessary to determine eligibility to vote, including the registrant's name, whether the registrant is a citizen of the United States, place of residence or mailing address, date of birth, state or country of birth and a statement that the registrant is not currently imprisoned or on parole for the conviction of a felony. An individual who is not registered to vote pursuant to this subsection may only vote by provisional ballot.
(b) When the Secretary of State identifies a registration record within Calvoter that lacks only nonsubstantive information or does not conform to the Calvoter Data Exchange Standards (09/2005), the Secretary of State shall automatically send a deficiency notice in accordance with Section 20108.15 to the elections official who submitted the deficient registration record. Within five (5) business days of receipt of a deficiency notice, the elections official shall submit the corrections to Calvoter in accordance with Section 20108.15 and Section 20108.40. Voters whose registration records are identified as deficient pursuant to this subdivision shal remain as active voters and shall be permitted to vote using a regular ballot. For purposes of this subsection, "nonsubstantive information" means information that is not required to determine eligibility to vote.

Note: Authority cited: Section 12172.5, Government Code; Section 2124, Elections Code.
Reference: Sections 2150 and 14310, Elections Code; Section 303, Pub. L. No. 107-252 (2002) 116 Stat. 1666, 42 U.S.C. 15483.

20108.30. Confirmation of California Driver's License and State Identification Numbers for Affidavits of Registration submitted Prior to January 1, 2006.
(a) On or before December 15, 2005 the Secretary of State shall process the driver's license and state identification data file from the California Department of Motor Vehicles to identify California driver's license and state identification numbers for all registered voters in Calvoter who do not have confirmed California driver's license or state identification numbers.
(b) The unconfirmed California driver's license and state identification numbers that are identified as a result of the process in subdivision (a) shall be sent to elections officials by December 15, 2005, in accordance with Section 20108.15 and Section 20108.40. Elections officials shall enter the unconfirmed California driver's license and state identification numbers in the files of registered voters in the counties and send registration update files or full load files to Calvoter in accordance with Section 20108.15 and Section 20108.40 on or before December 31, 2005.
(c) For each registered voter for whom the process in subdivision (a) does not identify a California driver's license or state identification number, elections officials shall generate a unique identification number for the registrant in accordance with the Calvoter Data Exchange Standards (09/2005) on or before December 31, 2005.

Note: Authority cited: Section 12172.5, Government Code; Section 2124, Elections Code.
Reference: Section 14310, Elections Code; Section 303, Pub. L. No. 107-252 (2002) 116 Stat. 1666, 42 U.S.C. 15483.

20108.35. Active Voter Files.

Elections officials shall continuously submit all active voter files to Calvoter in accordance with Section 20108.15 and Section 20108.40.

Note: Authority cited: Section 12172.5, Government Code; Section 2124, Elections Code.
Reference: Section 14310, Elections Code; Section 303, Pub. L. No. 107-252 (2002) 116 Stat. 1666, 42 U.S.C. 15483.

20108.36. Inactive Voter Files.
(a) Elections officials shall submit all inactive voter files to Calvoter in accordance with Section 20108.15 and Section 20108.40 on or before November 15, 2005.
(b) After the submission of all inactive voter files in accordance with subdivision (a), elections officials shall include all inactive voter files in all registration update files and full load files to Calvoter.

Note: Authority cited: Section 12172.5, Government Code; Section 2124, Elections Code.
Reference: Section 14310, Elections Code; Section 303, Pub. L. No. 107-252 (2002) 116 Stat. 1666, 42 U.S.C. 15483.

20108.37. Processing New Voter Registration Applications.

(a) Prior to submitting new voter registration records to Calvoter in accordance with Section 20108.40 elections officials shall verify the California driver's license or state identification number or last four digits of the social security number provided with Calvalidator in accordance with Section 20108.65 and Section 20108.70.
(b) The status of the application shall be pending and the elections management system shall reflect pending status until an applicant's California driver's license or state identification number or last four digits of the social security number is verified by Calvalidator or the Department of Motor Vehicles. Elections officials shall not submit to Calvoter any records or data for applicants with pending status. Applicants with pending status shall only cast provisional ballots.
(c) Upon verification of the identification number or issuance of a unique identifier in accordance with Section 20108.70, pending status shall be changed to active voter status, and the elections management system shall reflect active voter status and verification status. The registration record shall be submitted to Calvoter in accordance with Section 20108.15 and Section 20108.40.

Note: Authority cited: Section 12172.5, Government Code; Section 2124, Elections Code.
Reference: Section 14310, Elections Code; Section 303, Pub. L. No. 107-252 (2002) 116 Stat. 1666, 42 U.S.C. 15483.

20108.38 Additional Processing for Voter Registration Applications Submitted by Mail for New Voters.

(a) If a voter registration application is submitted by mail, the elections official shall determine if any of the following conditions are met before the voter registration data is submitted to Calvoter:
(i) Applicant provided satisfactory proof of identity with the voter registration application or otherwise provided satisfactory proof of identity prior to voting in a Federal election; or
(ii) California driver's license or state identification number or the last four digits of the social security number provided was verified with Calvalidator or the Department of Motor Vehicles; or
(iii) Applicant is registered to vote under the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1 et seq.), or is entitled to vote other than in person under the Voting Accessibility for the Elderly and Handicapped Act (42 U.S.C. 1973ee-1(b)(2)(B)(ii)), or any other Federal law; or
(iv) Applicant has previously registered to vote in the State and the elections official has determined, after researching the applicant's voting history in the county election management system and Calvoter, that the applicant has previously voted in a Federal election in the State.
(b) If any of the conditions in subdivision (a) are satisfied, the voter shall be exempt from providing further proof of identity under HAVA for the purpose of voting. The elections official shall enter into his or her election management system the reason for the exemption from the HAVA identification requirement and, if the voter is determined to be otherwise eligible to vote, the elections official shall transmit that data to Calvoter in accordance with Section 20108.15 and Section 20108.40.
(c) If the elections official determines that none of the conditions in subdivision (a) are satisfied, but the voter is determined to be otherwise eligible to vote, the elections official shall submit the record to Calvoter in accordance with Section 20108.15 and Section 20108.40 and that record shall indicate that proof of identity must be provided the first time the voter votes in a Federal election.
(d) Voters identified in subdivision (c) shall be required to provide proof of identity the first time they vote in a Federal election.
(e) Once voters identified in subdivision (c) have voted in a Federal election, the elections official shall update the county election management system and Calvoter to reflect that the voter is no longer required to provide proof of identity in accordance with Section 20108.15 and Section 20108.40.

Note: Authority cited: Section 12172.5, Government Code; Section 2124, Elections Code.
Reference: Section 14310, Elections Code; Section 303, Pub. L. No. 107-252 (2002) 116 Stat. 1666, 42 U.S.C. 15483.

20108.40. Updating Calvoter with New Registration Records and Changes to Existing Registration Records.

Except as provided in Section 20108.18, whenever an elections official receives a new registration record or a change to an existing registration record or makes a change to an existing registration record, whether in response to a notice from the Secretary of State or otherwise, the elections official shall process such information in accordance with Section 20108.12 and transmit a registration update file or a full load file to Calvoter in accordance with Section 20108.15 on the business day in which the changes are made to the elections management system.

Note: Authority cited: Section 12172.5, Government Code; Section 2124, Elections Code.
Reference: Section 14310, Elections Code; Section 303, Pub. L. No. 107-252 (2002) 116 Stat. 1666, 42 U.S.C. 15483.

20108.45. Changes in the Mapping of Precincts to Statewide Political Jurisdictions.

Whenever the elections official completes changes in the assignment of precincts to any state or federal political jurisdiction, the elections official shall transmit an updated precinct file to Calvoter in accordance with Section 20108.15 by the close of the next business day.

Note: Authority cited: Section 12172.5, Government Code; Section 2124, Elections Code.
Reference: Section 14310, Elections Code; Section 303, Pub. L. No. 107-252 (2002) 116 Stat. 1666, 42 U.S.C. 15483.

20108.50. National Change of Address Processing.

Except during the 90 days prior to a Federal election, the Secretary of State shall conduct monthly voter registration list maintenance using a change of address service or services based on the United States Postal Service National Change of Address (NCOA) database to identify address changes for registered voters. For records showing a change of address, the Secretary of State shall automatically transmit a change of address notice to the elections official in the county from or within which a voter has moved. Within five (5) business days of receipt of a change of address notice from the Secretary of State the elections official shall process the change of address notice pursuant to California Elections Code Section 2225 and Section 2226 and submit any changes in the registration record to Calvoter in accordance with Section 20108.15 and Section 20108.40.

Note: Authority cited: Section 12172.5, Government Code; Sections 2124, 2225 and 2226. Elections Code. Reference: Section 14310, Elections Code; Section 303, Pub. L. No. 107-252 (2002) 116 Stat. 1666, 42 U.S.C. 15483.

20108.51. Department of Motor Vehicles Change of Address Processing.

Within five (5) business days of receipt of Department of Motor Vehicles information identifying a change of address for a voter, the elections official shall update the voter registration record accordingly and submit the registration update file or full load file to Calvoter in accordance with Section 20108.15 and Section 20108.40.

Note: Authority cited: Section 12172.5, Government Code; Section 2124, Elections Code.
Reference: Section 14310, Elections Code; Section 303, Pub. L. No. 107-252 (2002) 116 Stat. 1666, 42 U.S.C. 15483.

20108.55. State Death and Felony Status Records.

(a) Beginning January 1, 2006, the Secretary of State shall, on a weekly basis, compare all voter registration records with records of deceased persons from the Department of Health Services and records of persons with felony convictions ineligible to vote from the Department of Corrections and Rehabilitation.
(b) Whenever the Secretary of State receives new records of deceased persons from the Department of Health Services or records of persons with a felony conviction which renders them ineligible to vote from the Department of Corrections and Rehabilitation, the records shall be compared to the voter registration records in Calvoter to identify potential matches.
(c) Upon identifying potential matches, the Secretary of State shall transmit notices of the potential matches in accordance with Section 20108.15 and Section 20108.40 to the elections officials in the counties in which the potential matches are identified.
(d) Within five (5) business days of receipt of a notice of potential match the elections official shall take all necessary steps to determine whether or not the registration record matches a record of a deceased person or person with a felony conviction which renders that person ineligible to vote. If a match is confirmed by the elections official, the elections official shall update the registration records accordingly and submit a registration update file or full load file to Calvoter in accordance with Section 20108.15 and Section 20108.40.
(e) Whenever the Secretary of State receives records of persons with a federal felony conviction which renders them ineligible to vote, the records shall be forwarded to the elections official of the person's county of residence. The elections official shall process the record in accordance with Section 20108.12.
(f) County elections officials shall process county death records in accordance with California Elections Code Section 2205 and Section 20108.12 of this chapter.
(g) County elections officials shall process county felony records in accordance with California Elections Code Section 2212.

Note: Authority cited: Section 12172.5, Government Code; Sections 2205, 2212 and 2124, Elections Code. Reference: Section 14310, Elections Code; Section 303, Pub. L. No. 107-252 (2002) 116 Stat. 1666, 42 U.S.C. 15483.

20108.60. Duplicate Registration Records. (a) Beginning January 1, 2006, the Secretary of State shall conduct weekly checks within the Calvoter statewide registration list to identify potential duplicate registrations for the same voter within that list, based on established rotating criteria. Upon identification of potential duplicate registration records, the Secretary of State shall automatically send an electronic notice to the county with the record that has the oldest date of registration.
(b) Within five (5) business days of receipt of a notice of potential duplicate registration the elections official shall take all necessary steps to determine whether or not the registration record is a duplicate of an existing newer registration, and if a duplicate registration is confirmed, shall cancel the older duplicate registration and submit a registration update file or full load file to Calvoter in accordance with Section 20108.15 and Section 20108.40.

Note: Authority cited: Section 12172.5, Government Code; Section 2124, Elections Code.
Reference: Section 14310, Elections Code; Section 303, Pub. L. No. 107-252 (2002) 116 Stat. 1666, 42 U.S.C. 15483.

20108.65. Verification of Driver's License Numbers, State Identification Numbers, and Social Security Numbers Listed on Affidavits of Registration Submitted on and after January 1, 2006.
(a) For the purposes of complying with the voter registration requirements of HAVA, a state identification number issued by the California Department of Motor Vehicles shall satisfy the same requirements as a driver's license number issued by the California Department of Motor Vehicles.
(b) On and after January 1, 2006, if a new affidavit for voter registration contains both a California driver's license or state identification number and the last four digits of a social security number, the elections official shall verify the California driver's license or state identification number and disregard the social security number.
(c) On or after January 1, 2006, prior to submitting a new voter registration record in a registration update file or full load file to Calvoter in accordance with Section 20108.15 and Section 20108.40, the elections official shall verify that the California driver's license or state identification number or social security number provided by a voter in an affidavit of registration was issued to the individual named therein by verifying the number through Calvalidator.
(d) If a California driver's license or state identification number or social security number has been previously verified through Calvalidator and the elections management system maintains the verification information, then the elections official is not required to verify the number again through Calvalidator.
(e) If an elections official is unable to verify a California driver's license or state identification number or social security number provided by a voter on a new affidavit of registration, the elections official shall make reasonable attempts to contact the voter and obtain a valid identification number. If it is determined that the voter has not been issued a California driver's license or state identification number or social security number and the voter is otherwise eligible to vote, the elections official shall generate a unique identification number for the registrant in accordance with the Calvoter Data Exchange Standards (09/2005).
(f) If an elections official is unable to obtain a valid number after making reasonable attempts to contact the voter and obtain such number, and if it is determined that the voter has not been issued a California driver's license or state identification number or social security number, and the voter is not otherwise eligible to vote, the elections official shall not generate a unique identification number for the registrant and shall not register the registrant to vote. If the elections official is unable to process the registration pursuant to this subsection, the elections official shall inform the affiant of the reason for the rejection.

Note: Authority cited: Section 12172.5, Government Code; Sections 2124 and 2153, Elections Code. Reference: Section 14310, Elections Code; Section 303, Pub. L. No. 107-252 (2002) 116 Stat. 1666, 42 U.S.C. 15483.

20108.70. No Driver's License Number, State Identification Number, or Social Security Number Listed on Affidavit of Registration submitted on and after January 1, 2006.

(a) If a registration record does not include a driver's license or state identification number issued by the California Department of Motor Vehicles or the last four digits of the social security number, the elections official shall determine whether a driver's license or state identification number is available through Calvalidator.
(b) If a driver's license or state identification number has been issued and is available through Calvalidator, the elections official shall contact the applicant to confirm the driver's license or state identification number prior to entering the driver's license or state identification number in the registration record and update Calvoter in accordance with Section 20108.15 and Section 20108.40.
(c) If a driver's license or state identification number cannot be identified or verified through Calvalidator, then a unique number shall be issued in accordance with the Calvoter Data Exchange Standards (09/2005). The elections official shall enter the unique number into the elections management system and submit the registration record as a registration update file or full load file to Calvoter in accordance with Section 20108.15 and Section 20108.40.

Note: Authority cited: Section 12172.5, Government Code; Section 2124, Elections Code.
Reference: Section 14310, Elec

20108.75. Voting History. In accordance with Section 20108.15 elections officials shall submit to the Secretary of State the voting history of all voters who cast a ballot in each statewide and Federal election by the 60th day after each election.

Note: Authority cited: Section 12172.5, Government Code; Section 2124, Elections Code.
Reference: Section 14310, Elections Code; Section 303, Pub. L. No. 107-252 (2002) 116 Stat. 1666, 42 U.S.C. 15483.

20108.80. Certification of Elections Official.

Each elections official shall certify that the county in which the elections official has jurisdiction over the elections is in compliance with all provisions of this chapter for each Federal election. Elections officials shall do so by signing the certification form entitled Certification of Elections Official (01/2006), which is hereby incorporated by reference, and submit it to the Secretary of State with the statement of vote required pursuant to California Elections Code section 15375. The certification form entitled Certification of Elections Official (01/2006) shall be provided by the Secretary of State by electronic or regular mail or facsimile transmission to each elections official along with the statement of vote reporting instructions on or before the third day following a Federal election. Each elections official shall submit to the Secretary of State an original, fully executed Certification of Elections Official (01/2006) with the copy of the certified statement of results required by California Elections Code section 15375.

Note: Authority cited: Section 12172.5, Government Code; Section 2124, Elections Code.
Reference: Section 14310, Elections Code; Section 303, Pub. L. No. 107-252 (2002) 116 Stat. 1666, 42 U.S.C. 15483.



Certification of Elections Official



STATE OF CALIFORNIA

                                                                                ss.
COUNTY OF ____________________________



          Pursuant to the statewide voter registration list requirements set forth in the Help
America Vote Act of 2002 (HAVA) (Pub. L. No. 107-252 (2002) 116 Stat. 1666, 42 U.S.C. 15483),
I, __________________________________________, Registrar of Voters for the
County of ______________________________________, State of California, hereby certify
that I complied with all provisions of Chapter 2 of Division 7 of Title 2 of the California Code of Regulations for the Federal election held on the _______ day of __________________ 200____ in the County of ______________________________________, State of California, and all elections consolidated therewith.

          I hereby set my hand and official seal this _______ day of __________________ 200___ at the County of ______________________________________.



                      __________________________________________
                      Registrar of Voters
                      County of _________________________________
                      State of California

                                                                                        Certification of Elections Official (01/2006)



1.   Secretary of State is drafting a document entitled Calvoter Data Exchange Standards (09/2005), which will include the format of the last four digits of the social security number and unique identifier.
General Information Voting Section
Contact

Toll-free - (800) 253-3931
Telephone - (202) 307-2767
Fax - (202) 307-3961
Email - voting.section@usdoj.gov
Web - Complaint form
Mailing Contact

Voting Section
Civil Rights Division
U.S. Department of Justice
Room 7254 - NWB
950 Pennsylvania Ave., N.W.
Washington, DC 20530

Redistricting Census Information
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