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