BILL ANALYSIS ACA 17 Page 1 ASSEMBLY THIRD READING ACA 17 (Mullin) As Introduced March 31, 2005 2/3 vote ELECTIONS 4-1 APPROPRIATIONS 13-4 ----------------------------------------------------------------- |Ayes:|Umberg, Klehs, Leno, |Ayes:|Chu, Bass, Berg, | | |Levine | |Calderon, Karnette, | | | | |Klehs, Leno, Nation, | | | | |Oropeza, Laird, Saldana, | | | | |Yee, Mullin | | | | | | |-----+--------------------------+-----+--------------------------| |Nays:|Villines |Nays:|Sharon Runner, Emmerson, | | | | |Nakanishi, Walters | | | | | | ----------------------------------------------------------------- SUMMARY : Allows a person who is at least 17 years of age and will be 18 years of age at the time of the next general election to register and vote at that general election and at any intervening primary or special election that occurs after the person is eligible to register to vote. EXISTING LAW : 1)Requires an elector to be at least 18 years old in order to vote in any local, state, or federal election. 2)Allows a person that will be 18 years old at the time of the next election to register to vote. FISCAL EFFECT : According to the Assembly Appropriations Committee analysis: 1)One-time General Fund costs of about $220,000 to include an analysis of the measure and arguments for and against the measure in the statewide voter pamphlet. 2)County election officials would incur minor one-time reimbursable costs to reprogram computer systems. Statewide costs would probably be in the range of $100,000. ACA 17 Page 2 COMMENTS : According to the author, "[v]oter registration and turnout among young adults has been abysmal in California. For most young adults, their first contact with the political process is in high school through the mandated government class during their senior year or through volunteering on campaigns for community service credit. This is the time to give them ownership in the process by getting them to vote in primaries while they still have a connection to their school and community. This amendment would bring California up to date with 11 other states (Arizona, Delaware, Kansas, Kentucky, Maryland, Mississippi, Nebraska, North Carolina, Ohio, Virginia, and West Virginia), which permit any citizen who turns 18 by the date of the general election to vote in interceding primaries, municipal and special elections. This practice resulted in a higher turnout among the 18-24 year-olds demographic in those states." This measure breaks with traditional notions of the age of majority and the responsibilities and privileges attached thereto. For the most part, California law does not allow minors to enter into civil contracts, including marriage, or to be held to the same standards of accountability in criminal matters, absent extenuating circumstances. With a few limited exceptions (most notably the legal drinking age), California confers the legal rights and responsibilities attendant with adulthood on those individuals who are 18 years of age or older. The Twenty Sixth Amendment to the United States (U.S.) Constitution states, "The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any state on account of age." Additionally, Article II, Section 2 of the California Constitution states, "A United States citizen 18 years of age and resident in this State may vote." Because the U.S. Constitution only addresses abridging the right to vote and this bill expands voting rights there appears to be no conflict with the federal constitution. In an opinion dated April 12, 2004, the Legislative Counsel opined that an amendment to the California Constitution to permit a person under the age of 18 to vote would not violate federal law. ACA 25 (Mullin) of 2004 was substantially similar to this bill. ACA 25 failed passage on the Assembly Floor. ACA 17 Page 3 As a constitutional amendment, this measure requires the approval of the voters to take effect. Legislation making the statutory changes necessary to implement this measure would also be required. Analysis Prepared by : Ethan Jones / E. & R. / (916) 319-2094 FN: 0012356