Cal. Code Regs. Tit. 2, § 20066 - DMV Customers Who Attest to Eligibility but Decline to Register; Notification

Current through Register 2021 Notice, Register No. 40, October 1, 2021

(a) Information provided to the Secretary of State by the Department of Motor Vehicles, pursuant to Elections Code section 2263(b)(1)(J), regarding a customer who attests to their eligibility to register to vote, but who affirmatively declines the opportunity to register to vote may be used by the Secretary of State's office for voter outreach and registration purposes.
(b) In accordance with Elections Code section 2263(c), personal information that is transferred from the Department of Motor Vehicles to the Secretary of State's office pursuant to subdivision (a) of this section shall not be made available to any third party for any purpose. Personal information that is received from the Department of Motor Vehicles pursuant to subdivision (a) is not considered part of the voter file and will not be produced or delivered as a part of any voter file request made pursuant to Elections Code sections 2188 and 2194. The information described in this section shall be destroyed within six months after the date of the Department of Motor Vehicles transaction. For purposes of this section, personal information is defined in accordance with section 1798.3 of the Civil Code.
(c) The information transmitted by the Department of Motor Vehicles to the Secretary of State's office under subdivision (a) shall be limited to the following data points, which shall be used only to provide the notification to a Department of Motor Vehicles' customer as set forth in subdivision (d) or to assess the effectiveness of the notification program as set forth in subdivision (f):
(1) True full name.
(2) Residence address.
(3) Date of Birth.
(4) Mailing address.
(5) California Driver License Number or Identification Number.
(6) Whether the person affirmatively declined to become registered to vote during a transaction with the department.
(7) A notation that the applicant has attested that he or she meets all voter eligibility requirements, including United States citizenship, specified in section 2101.
(d) The Secretary of State's notification to Department of Motor Vehicles' customers who attest to their eligibility to register to vote, but who affirmatively decline the opportunity to register to vote, may be made no later than three weeks of receipt of the Department of Motor Vehicles information, and shall include the following:
(1) A reminder that the recipient recently visited or completed a qualifying transaction with the Department of Motor Vehicles and affirmatively declined to register to vote.
(2) Instructions for registering to vote by mail or online and how to obtain a paper voter registration affidavit.
(3) Voter eligibility requirements.
(4) Notification that the recipient will not be contacted by the Secretary of State's office further to remind them to register to vote based on their recent Department of Motor Vehicles transaction.
(5) Contact information for the Secretary of State's office.
(6) Instruction to disregard the notice if they have recently registered to vote.
(e) Notices to Department of Motor Vehicles' customers, who are eligible to register to vote, under this section shall be made available in all languages required by the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503 ).
(f) The Secretary of State shall annually review the effectiveness of the notification program.

Notes

Cal. Code Regs. Tit. 2, § 20066

Note: Authority cited: Section 12172.5, Government Code; and Sections 10 and 2270, Elections Code. Reference: Sections 2188, 2194, 2261, 2262, 2263, 2264, 2265 and 2270, Elections Code; and Section 1798.3, Civil Code.

1. New section filed 7-12-2017; operative 10-1-2017 (Register 2017, No. 28).

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