(a) (1) Except as provided under paragraphs (a)(2) and (a)(3) of this section and subject to paragraphs (a)(4) and (a)(5) of this section, an individual who conducts any of the following transactions with the Division of Motor Vehicles, in person or on the Division’s website, is to be automatically registered to vote as part of the transaction:
a. The issuance or replacement of a commercial driver’s license under Chapter 26 of Title 21, a Level 1 Learner’s Permit or Class D operator’s license under § 2710 of Title 21, a license under § 2711 of Title 21, or an identification card under § 3102 of Title 21.
b. The renewal of a commercial driver’s license under Chapter 26 of Title 21, a Level 1 Learner’s Permit or Class D operator’s license under § 2710 of Title 21, a license under § 2711 of Title 21, or an identification card under § 3102 of Title 21.
c. The change of an individual’s legal name or residence address listed on a commercial driver’s license under Chapter 26 of Title 21, a Level 1 Learner’s Permit or Class D operator’s license under § 2710 of Title 21, a license under § 2711 of Title 21, or an identification card under § 3102 of Title 21.
(2) An individual conducting a transaction under paragraphs (a)(1)a. through (a)(1)c. of this section may decline to be registered to vote.
(3) The Division of Motor Vehicles may not register an individual to vote under this subsection if any of the following apply:
a. At the time of the transaction with the Division of Motor Vehicles, the individual provides a document that demonstrates the individual is not a United States citizen.
b. The Division of Motor Vehicles has information that the individual is not a United States citizen.
c. The individual is applying for a driving privileges card or permit under § 2711(d) of Title 21.
d. The individual declines to be registered to vote under paragraph (a)(2) of this section. The fact that the individual declines to be registered to vote under this subsection is confidential and may not be used for any purpose other than voter registration.
(4) The application associated with a transaction under paragraphs (a)(1)a. through (a)(1)c. of this section must include as part of the individual’s application a voter registration component.
a. The voter registration component of the application must include all of the following:
1. The minimum amount of information necessary to ensure the prevention of duplicate voter registrations and preserve the ability of election officials to determine the individual’s eligibility to vote and otherwise administer voter registration and the election process. This information must include the individual’s choice of political party affiliation or choice to not be affiliated with a political party.
2. A statement setting forth voting eligibility requirements and an attestation that the individual meets the requirements.
3. The signature of the individual under penalty of perjury.
b. The voter registration component of the application is not required to include a notarization or other formal authorization.
(5) The voter registration component may not require any information which duplicates information required as part of the transaction under paragraphs (a)(1)a. through (a)(1)c. of this section other than a second signature or information under paragraph (a)(4)a. of this section.
(b) (1) For each individual who is confirmed in the Division of Motor Vehicles database as meeting the citizenship requirement for eligibility to vote, and who is not registered to vote and who is of sufficient age to register to vote, the Division of Motor Vehicles shall provide to the Department of Elections all of the following information about the individual:
a. The individual’s name.
b. The individual’s date of birth.
c. The individual’s driver’s license or state ID number.
d. The individual’s residence address and mailing address, if different from the residence address.
e. The individual’s county of residence.
f. [Repealed.]
g. An electronic image of the individual’s signature.
h. The individual’s choice of political party affiliation or choice to not be affiliated with a political party.
i. If the individual declines to be registered to vote under paragraph (a)(2) of this section.
(2) The Division of Motor Vehicles shall transmit the information in paragraph (b)(1) of this section to the Department of Elections electronically, at least on a daily basis, and in a format agreed upon by the Division of Motor Vehicles and the Department of Elections. The Department of Elections must be able to upload the information onto the statewide computerized voter registration database.
(c) Nothing in this section shall be construed to amend the substantive qualifications for voter registration in this State or to require documentary proof of citizenship for voter registration.
(d) (1) Upon receiving a complete electronic record for an individual who is not registered to vote, is of sufficient age to register to vote, has demonstrated United States citizenship, and did not elect to decline to register to vote under paragraph (a)(2) of this section, the Department of Elections shall, upon determination that the individual is eligible to register to vote, do all of the following:
a. Register the individual to vote.
b. Register the individual’s choice of political party affiliation or choice to not be affiliated with a political party.
c. Send the individual a notice under paragraph (e)(1) of this section.
(2) If the Department of Elections determines that an individual under paragraph (d)(1) of this section is ineligible to register to vote, the Department of Elections may not register the individual to vote or send the individual a notice under paragraph (e)(1) of this section.
(3) If the electronic record received for an individual does not include the information required by paragraph (b)(1) of this section, the Department of Elections shall ask the individual to provide the necessary additional information, pursuant to procedures set out by Department of Elections regulations.
(e) (1) For any individual registered to vote pursuant to paragraph (d)(1) of this section, the Department of Elections shall send to the individual’s address of record the notice required under § 2014(c) of this title, which may include any additional information the Department of Elections determines is appropriate. If the notice is returned as undeliverable, the Department of Elections shall send the person an address verification request under § 2014(c) of this title.
(2)-(6) [Repealed.]
(f) [Repealed.]
(g) (1) The Division of Motor Vehicles shall provide notice of a change of name or address to the Department of Elections for an individual who meets all of the following requirements:
a. Is registered to vote in this state.
b. Comes to an office of the Division of Motor Vehicles or accesses its website in order to conduct any of the following transactions:
1. The issuance or replacement of a commercial driver’s license under Chapter 26 of Title 21, a Level 1 Learner’s Permit or Class D operator’s license under § 2710 of Title 21, a license under § 2711 of Title 21, or an identification card under § 3102 of Title 21.
2. The renewal of a commercial driver’s license under Chapter 26 of Title 21, a Level 1 Learner’s Permit or Class D operator’s license under § 2710 of Title 21, a license under § 2711 of Title 21, or an identification card under § 3102 of Title 21.
3. The change of an individual’s legal name or residence address listed on a commercial driver’s license under Chapter 26 of Title 21, a Level 1 Learner’s Permit or Class D operator’s license under § 2710 of Title 21, a license under § 2711 of Title 21, or an identification card under § 3102 of Title 21.
c. Provides information indicating a different name or address from that on the individual’s voter registration record.
(2) This information shall be transmitted electronically, at least on a daily basis, and in a format agreed upon by the Division of Motor Vehicles and the Department of Elections. The Department of Elections must be able to upload the information onto the statewide computerized voter registration database.
(3) The Department of Elections must change the person’s registration record to reflect the change of name or address, mark the registration record as “active,” and send to the person’s address of record, by forwardable mail, notice of the change and a postage paid preaddressed return form by which the person may verify or correct the information. Such notice may be combined with the notice required under § 2014(c) of this title.
(4) If the person returns the form described in paragraph (g)(3) of this section and indicates that the change to the registration records was in error, the Department of Elections must immediately correct the person’s previously updated information in the statewide voter registration database.
(h) (1) Each state agency that provides voter registration services pursuant to § 2050(b) of this title shall annually provide to the Department of Elections a list with each designated office, the type of services the office provides, and a designated voter registration contact for that office.
(2) At the earliest practicable time, the State Election Commissioner or the Commissioner’s designee shall assess which voter registration agencies collect sufficient information from applicants to verify eligibility for voter registration purposes or update information for an existing registration.
(3) If, after conducting the assessment required by paragraph (h)(2) of this section, the State Election Commissioner or the Commissioner’s designee determines that a state agency collects the necessary information to confirm eligibility for registration or update information for an existing registration in the regular course of business, the Department of Elections shall establish a schedule under which the agency must begin providing electronic records regarding individuals eligible to register to vote and updated information for individuals already registered to vote in this state to the Department of Elections.
(4) The agency shall provide electronic records to the Department of Elections, and the Department of Elections shall process electronic records received from the agency substantially in accordance with the procedures set out in this section for the Division of Motor Vehicles, subject to any modifications necessary to comply with federal law.
(i) The Department of Elections, officials from the Division of Motor Vehicles, and officials from any other agencies designated under paragraph (h)(3) of this section shall work jointly to provide registration and materials educating the public about the procedures established in this section.
(j) The Department of Elections shall establish adequate and reasonable technological security requirements for the exchange or transfer of data related to voter registration between the Department of Elections and the Division of Motor Vehicles or any other agency designated pursuant to paragraph (h)(3) of this section. No agency may begin to exchange or transfer data under this section unless that agency adheres to the technological security requirements established by the Department of Elections under this subsection.
(k) The Department of Elections, in consultation with the Division of Motor Vehicles and any other agencies designated pursuant to paragraph (h)(3) of this section, shall audit the system established by this section for quality of data prior to implementation. Following implementation, the Department of Elections shall conduct regular audits and random checks of the system to ensure accuracy and reliability.
(l) (1) The Department of Elections shall produce an annual public report to the Governor and General Assembly that includes all of the following:
a. The number of records transferred to the Department of Elections under this section, categorized by the source agency.
b. The number of voters newly added to the statewide voter registration list because of records transferred, categorized by the source agency.
c. The number of voters on the statewide voter registration list whose information was updated because of records transferred, categorized by the source agency and the type of information update.
d. The number of individuals who declined voter registration.
e. Information on the implementation of audits, security, and privacy protocols.
f. Any efforts the Department of Elections and source agencies plan to make to improve the efficiency and effectiveness of the voter registration process, by source agency.
(2) For items in paragraphs (l)(1)a. through d. of this section, the report shall be subcategorized by sex and age of the individuals included.
(3) The report may not include any personal identifying information.
(4) To meet the requirement to produce the report to the General Assembly, the Department of Elections shall provide the report to all of the following:
a. The President Pro Tempore and Secretary of the Senate, for distribution to all Senators.
b. The Speaker and Chief Clerk of the House of Representatives, for distribution to all Representatives.
c. The Director and Librarian of the Division of Legislative Services.
(m) (1) Unless a person who is ineligible to register to vote intentionally takes voluntary action to register to vote knowing that he or she is not eligible to register, the transfer of the person’s electronic record to the Department of Elections under this section does not constitute the completion of a voter registration form by that person, and that person may not be considered to have registered to vote or made a false claim to United States citizenship. If such a registration is processed by the Department of Elections, it is presumed to have been officially authorized by the state, and the person is not subject to any penalty under this code.
(2) If an individual who is ineligible to vote becomes registered to vote under this section, that individual is not guilty of wrongful registration under § 2302 of this title unless the individual intentionally takes voluntary action to register to vote knowing that he or she is not eligible to register.
(3) If an individual who is ineligible to vote becomes registered to vote under this subchapter and votes or attempts to vote in an election held after the effective date of the individual’s registration, that individual is presumed to have a defense under § 5104 of this title and is not guilty of fraudulent voting under § 5128 of this title unless the individual intentionally takes voluntary action to register to vote knowing that he or she is not eligible to register.
(n) The Division of Motor Vehicles and the Department of Elections may promulgate regulations to implement and enforce the provisions of this section.