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I. NVRA and California Elections Code Requirements for DMV Voter Registration

The National Voter Registration Act of 1993 (NVRA) requires the Department of Motor Vehicles (DMV) to provide voter registration services to people who apply for or renew a driver license or identification card (DL/ID). (52 U.S.C. § 20504(a).) In addition, unless the DMV customer indicates that the voter registration address should not be updated, any change of address form submitted for a DL/ID will also serve as a notice of change of address for voter registration purposes. (52 U.S.C. § 20504(d).) Pursuant to the NVRA, certain information provided in the voter registration application received by the DMV remains confidential. Specifically, an applicant’s decision whether to register to vote, and the office at which the voter registration took place, must be kept confidential and may not be used for any purpose other than voter registration. (52 U.S.C. § 20504(c)(2)(D)(iii).)

The NVRA provides that “a completed voter registration portion of an application for a state motor vehicle driver’s license accepted at a state motor vehicle authority shall be transmitted to the appropriate state election official not later than 10 days after the date of acceptance,” and that “[i]f a registration application is accepted within five days before the last day for registration to vote in an election, the application shall be transmitted to the appropriate state election official not later than five days after the date of acceptance.” (52 U.S.C. § 20504(e)(1), (2).)

The California New Motor Voter Program was enacted in 2016 and took effect in 2018. (Elec. Code, §§ 2260-2270.) Under this program, eligible DMV customers completing a new or renewal DL/ID application, or a change of DL/ID address transaction, will automatically have their voter registration information transmitted to the Secretary of State. Eligible DMV customers will be automatically registered to vote unless they opt out of voter registration during their DMV transaction.1

Californians are eligible to vote if they are 18 or older and:

  • A United States citizen and a resident of California,
  • Not currently serving a state or federal prison term for the conviction of a felony, and
  • Not currently found mentally incompetent to vote by a court.

Voter pre-registration is available through the DMV for Californians who are 16 or 17 years old and meet the other eligibility requirements. They will automatically be registered to vote when they turn 18.

The following voter registration opportunities are provided by the DMV, in connection with DL/ID applications or change of addresses:

  • Electronic voter registrations completed online prior to visiting a field office, or during a field office visit at a touch screen terminal or ADA (Americans with Disabilities Act) station for these applications: eDL44, eDL44C, Driver License Internet Renewal (DLIR), Internet Change of Address (ICA), and Online Duplication Driver License (ODDL).
  • Kiosk voter registrations offered in DMV field offices, retail locations, and some government locations for these services: Kiosk Duplicate Driver License and Identification (ID) Card (KDDL), Kiosk Driver's License Renewal (KDLR), and Kiosk Identification Renewal (KIDR).
  • Paper voter registrations submitted in person at a DMV office or by mail to DMV headquarters in Sacramento, or electronically via the Internet: DL44, DL44C, DL6/DL410, and DMV 14.
  • Paper Voter Registration Cards (VRCs) in field offices for customers who want to register to vote but who are not applying for, renewing, or changing an address for a DL/ID. VRCs are also provided to customers who request a VRC.
  • Secure and timely electronic transmission to the Secretary of State of registration information collected from DL/ID applications and change of address forms.
  • Timely delivery of completed paper VRCs to the county elections officials.
  • Voter registration information and a link to the Secretary of State’s website on the DMV’s website.
  • Referral to the Secretary of State or county elections officials when customers inquire regarding their voter registration status. DMV cannot provide this information to the customer.

II. DMV Electronic and Paper Voter Registrations and Processing

The DMV provides customers with electronic and paper voter registration through their DL and ID services.

A. Electronic and Paper Voter Registrations

Voter registration is offered by the DMV through the following electronic services:

  1. eDL44/eDL44C: eDL44 is the electronic process to apply for, renewal, or replacement of the driver’s license or ID card. The eDL44C is for commercial license applications.
  2. DLIR: Driver License Internet Renewal is the electronic online process to renew a driver’s license.
  3. ICA: Internet Change of Address is the electronic online process for eligible customers to make a change of address. The ICA includes a section permitting the customer to indicate if they do not want their change of address for DL/ID purposes to also change their address for voter registration purposes.
  4. ODDL: Online Duplication Driver License is the electronic online process to replace a lost, stolen, damaged, or mutilated license.
  5. KDDL: Kiosk Duplicate Driver License and Identification (ID) Card is the electronic online process to replace a lost or damaged drivers license or ID at a DMV Now Kiosk.
  6. KDLR: Kiosk Driver's License Renewal. This is the electronic online process to renew a driver’s license at a DMV Now Kiosk.
  7. KIDR: Kiosk Identification Renewal: This is the electronic online process to renew an ID at a DMV Now Kiosk.

Voter registration is offered by DMV through the following paper form services:

  1. DL44/DL44C: Paper application form to apply for, renewal, or replacement of DL/ID. The DL44C is used for commercial licenses.
  2. DL6/DL410: DL6 is renewal by mail paper form sent from the DMV to customers. Customers who are eligible to renew their DL by mail and have not yet received a DL6 may submit a DL 410 FO. Customers may provide an updated address on these two forms. The forms include a section permitting the customer to indicate if they do not want their change of address for DL/ID purposes to also change their address for voter registration purposes.
  3. DMV14: Change of Address paper form. This form includes a section permitting the customer to indicate if they do not want their change of address for DL/ID purposes to also change their address for voter registration purposes.

B. Electronic Voter Registration Process

For electronic voter registration process, if the customer does not answer “Yes” to the citizenship and other voter eligibility questions, the customer is not presented with the voter registration portion of the electronic application, and no customer data is transmitted to the Secretary of State.

For customers who indicate they are eligible to vote, the electronic process will ask whether the customer would like to register to vote, update their voter registration information, or opt out of voter registration. If the customer would like to register or update their registration, the voter registration process will continue and ask for specific voter registration information, such as political party preference, language for voter election materials, and how the customer would like to receive election information. Upon completing the electronic voter registration process, the customer’s answers are delivered to the Secretary of State in an electronic file that also contains minimum identification information, such as a name, DL/ID number, date of birth, residence and mailing address, if available, last four digits of social security number, and digitized signature (which is retrieved at a later time), as required by the California Motor Voter Program.

If the customer indicates that they would like to opt out of voter registration, the customer is not presented with the remaining portion of the voter registration application.

C. Paper Voter Registration Process

All voter eligibility, preferences, and opt-out questions from the electronic voter registration process also appear in the paper voter registration process. DMV technicians enter the information from the paper application into the DMV system and if submitted in person at a DMV office, DMV will provide the customer with the ability to verify that the entered information is correct prior to completing the application.

For paper voter registration process, if the customer does not answer “Yes” to the citizenship and other voter eligibility questions or leave the eligibility questions blank, no customer data is transmitted to the Secretary of State.

For customers who indicate they are eligible to vote and complete the registration process, their answers are delivered to the Secretary of State in an electronic file that also contains minimum identification information, such as a name, DL/ID number, date of birth, residence and mailing address, if available, last four digits of social security number, and digitized signature (which is retrieved at a later time), as required by the California Motor Voter Program.

D. DMV Voter Registration Card

The Secretary of State prints Voter Registration Cards (VRCs) for the DMV so that all DMV field offices can provide VRCs to applicants who want to register to vote but are not transacting an original or renewal DL/ID application, or a change of address for DL/ID purposes. VRCs are also provided to customers per request. To identify VRCs submitted by registrants through the DMV, the DMV VRCs include a DMV icon in the upper right-hand corner of the document. The Secretary of State is therefore able to track and report DMV registration activity as required under the NVRA. DMV field offices within counties designated as minority language counties by the federal Voting Rights Act provide paper VRCs in the prescribed minority language(s) of that county. Applicants who wish to register in this way may provide the VRC to the DMV for submission or they may mail it directly to their county elections office, as the VRCs are postage-paid and pre-addressed accordingly.

DMV employees do not complete entries on a VRC. The VRC is completed by the customers. However, a customer may request assistance. DMV employees check to make sure that applicants complete and sign the VRC if it is submitted by an office visitor who is not completing a DL/ID application or changing their DL/ID address. DMV employees are not required to sign the VRC as the person assisting with the registration.

If an applicant has difficulty completing the English language VRC, the DMV employee will:

  • Explain the form.
  • Ask the applicant if they prefer a VRC in another language.
  • If the VRC is not available at the DMV field office in the appropriate language, give the applicant the appropriate toll-free number to call and order election materials in the preferred language.
  • Inform the applicant the VRC may be completed elsewhere, if preferred.

III. Receipt and Processing of Electronic Voter Registration Information by Elections Officials

The NVRA requires completed voter registration applications submitted as part of a DL/ID application to be transmitted to the appropriate elections official not later than 10 days after acceptance by the DMV. (52 U.S.C. § 20504(e)(1).) If a voter registration application submitted as part of a DL/ID application is accepted within five days before the last day for registration to vote in an upcoming election, the NVRA requires that the application be transmitted within five days of acceptance. (52 U.S.C. § 20504(e)(2).) Further, the NVRA and state law provide that if a valid application is submitted to the DMV on or before the 15th day before an election, the applicant should be registered to vote in the election. (52 U.S.C. §20507(a)(1)(A); Elec. Code, § 2102(a)(2).)

A. Transmission of Electronic Voter Registration Information to the Secretary of State

The Secretary of State retrieves voter registration information from the DMV daily, with the exception of weekends (Saturdays and Sundays).

For DMV customers who have self-attested to their eligibility to register to vote, the Secretary of State retrieves the corresponding electronic voter registration records, updates to voter registration records, and change of address requests. The Secretary of State then analyzes the records, excludes records of customers who opted out of voter registration, duplicate records and records for which a more recent registration exists, and processes the remaining records directly into the statewide voter registration system.

DMV customers who submitted updates to an existing voter registration via a paper form (DL44, DL410, DL6, or DMV 14) and left a blank response for political party, and/or ballot material language will retain their previously indicated preferences from the existing voter registration record, for those fields. (Elec. Code, § 2265(c).)

The Secretary of State sends a Voter Preference Postcard to all DMV customers who submitted updates to an existing voter registration via a paper form and left a blank response for political party and/or election material language, notifying them that they are registered and providing information on how to update their voter registration information. (DMV electronic forms do not permit customers attempting to update their voter registrations to leave those fields blank.)

For DMV customers who applied for or renewed a DL/ID or changed their address for voting purposes via a paper form (DL44, DL410 FO, DL6, or DMV 14), but based on inconsistent or missing information, the Secretary of State will mail the customer a Registration Opportunity Postcard, notifying them that their recent attempt to register or update their voter registration information through their DMV transaction was not successful, and providing information on how to register to vote or update their current voter registration.

B. Processing of Voter Registration Information by the Secretary of State and County Elections Officials

County elections officials access the new and updated voter registration records in the statewide voter registration system electronically through their elections management systems (EMSs) for processing.

County elections officials will also receive EMS messages for DMV voter registration records indicating a potential change of address for an existing voter registration. County elections officials either accept or reject these possible match determinations. The voter registration record will be updated in the statewide voter registration system accordingly.2

For all new or updated voter registrations, including changes of address, county elections officials provide notification to the voter by mailing a non-forwardable Voter Notification Card (VNC). (Elec. Code, § 2155.)

IV. Receipt of VRCs and Processing by County Elections Officials

A. Sources

  1. Local DMV Field Offices: DMV field offices maintain a stock of VRCs that are available to DMV customers. For a list of field offices by county, please visit the DMV’s website: www.dmv.ca.gov
  2. Secretary of State: VRCs are available in DMV offices are not pre- addressed to a specific county. Rather, they are pre-addressed to the Secretary of State. VRCs from DMV field offices that are completed and mailed by a DMV customer outside of a DMV field office will reach the Secretary of State, who will forward these VRCs to the appropriate county elections official.

B. Method and Frequency of Transmittal

  1. Local DMV Field Offices: If DMV staff receives completed VRCs, they are typically sent by priority mail. County elections offices may also work out alternate arrangements with their local DMV field offices for the transmittal of VRCs.
  2. Secretary of State: The Secretary of State sorts and forwards to the appropriate county elections offices all VRCs as they are received.

C. Processing VRCs

County elections officials must track the number of registrations received from the Secretary of State sent by the DMV.

V. Training

The Secretary of State’s NVRA coordinator provides training for employees of the Secretary of State responsible for the receipt and processing of voter registration information from the DMV. This training is conducted annually and as a part of an initial new employee orientation. Staff receive training on the requirements of this chapter and the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.). The training includes, but is not limited to, procedures for the regular monitoring of the timeliness of the receipt of registration data from department transactions and the protocol for reporting and addressing problems with the timeliness and quality of the voter registration data received from the DMV. (Elec. Code, § 2273(b))

VI. Resources and Monitoring

County elections officials will contact the Secretary of State’s office if they have questions regarding voter registrations completed or attempted through the California New Motor Voter Program. DMV customers with voter registration questions can contact the Secretary of State’s Voter Hotline at (800) 345-VOTE (8683) or the other toll-free hotlines that are available in 9 languages.

The Secretary of State and DMV have appointed NVRA coordinators. DMV’s NVRA coordinator monitors DMV’s compliance with the NVRA, including the processing and timely transmission of voter registration information submitted to DMV. The Secretary of State’s Section 5 NVRA coordinator monitors the Secretary of State’s compliance with Section 5 of the NVRA, including the processing and timely transmission of voter registration information submitted to DMV.

VII. Additional Information

A. Late Voter Registrations and Transmission Delays

Under the NVRA and state law, a voter registration is timely as long as it is submitted to the DMV by the last day to register to vote, i.e., the 15th day prior to an election. (52 U.S.C. § 20504(a)(1)(A); Elec. Code, § 2101(a)(2).) If voter registration records resulting from DMV transactions are not transmitted from DMV to the Secretary of State within five or ten days after acceptance as required under the NVRA (52 U.S.C. § 20504(e)(1), (e)(2)), the Secretary of State will, when required or appropriate, notify county elections officials, who may need to take additional steps to count ballots cast by affected voters.

While not required by the NVRA, DMV will notify the Secretary of State of any errors or delays related to the timely transmission of voter registration records received by DMV within three business days of the discovery of the error or delay by DMV management. The Secretary of State will notify county elections officials of any errors or delays related to the timely transmission of voter registration records from DMV within three business days of the discovery of the error or delay by Secretary of State management.

If there is such a delay in forwarding voter registration records resulting from DMV transactions to the Secretary of State, a new or updated voter registration may not appear on the county or precinct voter rolls even though the applicant submitted a timely voter registration application to the DMV. If this happens, the applicant will be asked to cast a provisional ballot, which will be counted as part of the official canvass, as long as the county elections office receives the voter registration application before the end of the canvass period. State law authorizes a county elections official to seek a court order extending the canvass period, in certain circumstances. (Elec. Code, § 15701.) State law also provides that a superior court in the county of a voter’s residence may order a voter’s provisional ballot to be included in any semiofficial or official canvas. (Elec. Code, § 14310(c)(2)(A)(iii).)

Alternatively, California law permits a voter to file a motion in superior court on Election Day to compel registration if the voter registered to vote on or before the deadline to register at the DMV or another voter registration agency designated as such under the NVRA. (Elec. Code, § 2142.) Conditional voter registration (and conditional voting) are also available at specific locations starting the day after the close of registration up through Election Day. (Elec. Code, § 2170.)

B. Minority Language Availability

DMV makes voter registration available in the following languages: English, Spanish, Chinese, Hindi, Japanese, Khmer, Korean, Tagalog, Thai, and Vietnamese. The Secretary of State prints and distributes VRCs in the same languages. Upon request, the Secretary of State will provide county elections officials with VRCs in one or more languages. The elections official will, in turn, supply these forms as required, or upon request, to local DMV field offices within their county.

  1. In accordance with California State Assembly Bill 60 (“AB 60”), Stats. 2013, Ch. 524, DMV is authorized to issue a DL/ID without receiving satisfactory proof that the applicant’s presence in the United States is authorized under federal law. AB 60 driver’s licenses are issued to individuals who are unable to provide proof of legal presence in the United States, but who meet California DMV requirements and are able to provide proof of identity and California residency. Customers applying for or renewing a DL/ID under AB 60 do not meet the eligibility to register to vote, therefore, will not be presented with the option to register to vote. These customers will not have their information transmitted to the Secretary of State.
  2. A new or updated voter registration resulting from a DMV transaction, and a DMV change of address that results in an updated voter registration, all constitute a notification of continued residency within California, for purposes of determining eligibility for cancellation of a voter’s registration. (See Chapter 4, Voter Registration Applications and Voter List Maintenance)