SB491 HJUD AM #1 2-27
Casto 3264
The Committee on the Judiciary moved to amend the Bill on page one, immediately following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following:
ARTICLE 2. REGISTRATION OF VOTERS.
§3‑2‑11. Registration in conjunction with driver licensing.
(a) The Division of Motor Vehicles or other division or department that may be established by law to perform motor vehicle driver licensing services shall obtain as an integral and simultaneous part of every process of application for the issuance, renewal, or change of address of a motor vehicle driver’s license, or official identification card pursuant to the provisions of §17B‑2‑1 et seq. of this code, when the division’s regional offices are open for regular business, the following information from each qualified registrant:
(1) Full name, including first, middle, last, and any premarital names;
(2) Date of birth;
(3) Residence address and mailing address, if different;
(4) The applicant’s electronic signature;
(5) Telephone number, if available;
(6) Email address, if available;
(7) Political party membership, if any;
(8) Driver’s license number and last four digits of Social Security number;
(9) A notation that the
applicant has attested that he or she meets all voter eligibility requirements;
including United States citizenship;
(10) United States citizenship status;
(10) (11) Whether the applicant affirmatively
declined to become registered to vote during the transaction with the Division
of Motor Vehicles;
(11) (12) Date of application; and
(12) (13) Any other information specified in rules
adopted to implement this section.
(b) Unless the applicant
affirmatively declines to become registered to vote or update their voter
registration during the transaction with the Division of Motor Vehicles, the
Division of Motor Vehicles shall release all of the information obtained pursuant
to subsection (a) of this section to the Secretary of State, who shall forward
the information to the county clerk for the relevant county to process the
newly registered voter or updated information for the already‑registered
voter pursuant to law. The Division of Motor Vehicles shall notify that the
applicant that by submitting his or her signature, the applicant grants written
consent for the submission of the information obtained and required to be
submitted to the Secretary of State pursuant to this section.
(c) By no later than January 1, 2020, the Division of Motor Vehicles shall create a regular process that allows the Secretary of State to fulfill his or her duties as provided by §3-2-3 of this code to confirm that persons who are non-citizens of the United States have not and cannot register to vote via the Online Voter Registration portal.
(c) (d) Information regarding a person’s failure
to sign the voter registration application is confidential and may not be used
for any purpose other than to determine voter registration.
(d) (e) A qualified voter who submits the required
information or update to his or her voter registration, pursuant to the
provisions of subsection (a) of this section, in person at a driver licensing
facility at the time of applying for, obtaining, renewing, or transferring his
or her driver’s license or official identification card and who presents
identification and proof of age at that time is not required to make his or her
first vote in person or to again present identification in order to make that
registration valid.
(e) (f) A qualified voter, who submits by mail or
by delivery by a third party an application for registration on the form used
in conjunction with driver licensing, is required to make his or her first vote
in person and present identification as required for other mail registration in
accordance with the provisions of §3‑2‑10(g) of this code. If the
applicant has been previously registered in the jurisdiction and the
application is for a change of address, change of name, change of political
party affiliation, or other correction, the presentation of identification and
first vote in person is not required.
(f) (g) An application for voter registration
submitted pursuant to the provisions of this section updates a previous voter
registration by the applicant and authorizes the cancellation of registration
in any other county or state in which the applicant was previously registered.
(g) (h) A change of address from one residence to
another within the same county which is submitted for driver licensing or
nonoperator’s identification purposes in accordance with applicable law serves
as a notice of change of address for voter registration purposes if requested
by the applicant after notice and written consent of the applicant.
(h) (i) Completed applications for voter
registration or change of address for voting purposes received by an office
providing driver licensing services shall be forwarded to the Secretary of
State within five days of receipt unless other means are available for a more
expedited transmission. The Secretary of State shall remove and file any forms
which have not been signed by the applicant and shall forward completed, signed
applications to the clerk of the appropriate county commission within five days
of receipt.
(i) (j) Voter
registration application forms containing voter information which are returned
to a driver licensing office unsigned shall be collected by the Division of
Motor Vehicles, submitted to the Secretary of State, and maintained by the
Secretary of State’s office according to the retention policy adopted by the
Secretary of State.
(j) (k) The
Secretary of State shall establish procedures to protect the confidentiality of
the information obtained from the Division of Motor Vehicles, including any
information otherwise required to be confidential by other provisions of this
code.
(k) (l) A
person registered to vote pursuant to this section may cancel his or her voter
registration at any time by any method available to any other registered voter.
(l) (m) This
section shall not be construed as requiring does not require the
Division of Motor Vehicles to determine eligibility for voter registration and
voting.
(m) (n)
The changes made to this section during the 2016 Regular Legislative
Session shall become effective on July 1, 2019, and any costs associated
therewith shall be paid by the Division of Motor Vehicles. If the Division of
Motor Vehicles is unable to meet the requirements of this section by February
1, 2019, it shall make a presentation to the Joint Committee on Government and
Finance explaining any resources necessary to meet the requirements or any
changes to the code that it recommends immediately prior to the 2019 Regular
Legislative Session: Provided, That the Division of Motor Vehicles shall
report to the Joint Committee on Government and Finance by January 1, 2018 with
a full and complete list of all infrastructure they require to achieve the
purposes of this section.
Except for the changes made to subsection (b) of this section during the 2017 regular legislative session, the changes made to this section during the 2016 regular legislative session become effective on July 1, 2021, and any costs associated therewith shall be paid by the Division of Motor Vehicles. The Commissioner of the Division of Motor Vehicles, the Secretary of the Department of Transportation, and the Secretary of State shall each appear before the Joint Committee on Government and Finance and the Joint Standing Committee on the Judiciary, during the first interim meetings of such committees occurring after September 1, 2019, to present written reports containing a full and complete list of any infrastructure each agency requires to achieve the purposes of this section. Along with the report required by this subsection, the Division of Motor Vehicles shall submit a written schedule to both committees outlining how the Division will implement the requirements of this section by July 1, 2021.
(n) (o)
The Secretary of State shall propose rules for legislative approval in
accordance with the provisions of §29A‑3‑1 et seq. of this
code in order to implement the requirements of this section.