BILL ANALYSIS                                                                                                                                                                                                    Ó



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          ASSEMBLY THIRD READING
          AB 84 (Fong)
          As Introduced  January 5, 2011
          Majority vote 

           ELECTIONS           5-2         APPROPRIATIONS      11-5        
           
           ----------------------------------------------------------------- 
          |Ayes:|Fong, Bonilla, Hall,      |Ayes:|Fuentes, Blumenfield,     |
          |     |Mendoza, Swanson          |     |Bradford, Charles         |
          |     |                          |     |Calderon, Campos, Davis,  |
          |     |                          |     |Gatto, Hill, Lara,        |
          |     |                          |     |Mitchell, Solorio         |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
          |Nays:|Logue, Valadao            |Nays:|Harkey, Donnelly,         |
          |     |                          |     |Nielsen, Norby, Wagner    |
           ----------------------------------------------------------------- 

           SUMMARY  :   Authorizes a new citizen, as defined, to register and 
          vote until the close of polls on Election Day.  Specifically, 
           this bill  :  

          1)Defines a "new citizen" as an individual who becomes a United 
            States (U.S.) citizen after the 15th day prior to an election.

          2)Allows a new citizen to register and vote at the office of, or 
            at another location designated by, the county elections 
            official at any time beginning on the 14th day before an 
            election and ending at the close of polls on Election Day.

           EXISTING LAW  :

          1)Allows individuals who are eligible to vote, as specified, to 
            execute an affidavit of voter registration up to 15 days prior 
            to an election.

          2)Defines a "new citizen" as an individual who becomes a U.S. 
            citizen after the 15th day prior to an election but on or 
            before the seventh day prior to that election.

          3)Allows new citizens, as defined, to register to vote during 








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            the period beginning 14 days prior to an election, and ending 
            on the seventh day prior to an election.

          4)Requires a new citizen who registers to vote after the regular 
            voter registration deadline to provide the county elections 
            official with proof of citizenship prior to voting, and to 
            declare that he or she has established residency in 
            California.

          5)Requires county elections officials to keep open to public 
            inspection a list of all persons who have registered as new 
            citizens.

           FISCAL EFFECT  :  According to the Assembly Appropriations 
          Committee, minor reimbursable costs to register and process 
          additional ballots of new citizens on Election Day and during 
          the week before Election Day.

           COMMENTS  :  According to the author, "AB 84 ensures all citizens 
          have the right to vote in California's elections.  Most new 
          Americans are enthusiastic to cast their first ballot in an 
          election, but when their first experience with voting in 
          California is one of denial, because their naturalization 
          ceremony was held after the deadline, it may discourage future 
          participation in the democratic process.  These citizens are 
          fully eligible to vote under the state Constitution and should 
          be afforded the ability to exercise their most basic democratic 
          right, but they are denied because of a timing problem."

          The current deadline for a new citizen to register and vote by 
          the seventh day prior to an election was modeled after 
          California's new resident law, which allows individuals who have 
          recently established residency in the state to register at least 
          seven days before the election.

          The California Constitution provides that "A United States 
          citizen 18 years of age and a resident in this state may vote."  
          Under existing law, however, a resident of California who is at 
          least 18 years of age and who becomes a citizen in the last few 
          days before an election would not be permitted to vote, even 
          though that person meets all the criteria in the state 
          Constitution to vote, because the current voter registration 








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          deadline for new citizens is seven days before an election.  The 
          limited exception in current law for new citizen voter 
          registration does not accommodate those individuals who become 
          citizens after the seven day registration deadline.

          This is in contrast to the flexibility provided in current law 
          for individuals who reach the age of 18 in the last few days 
          before an election.  Under existing law, an individual who is 17 
          years old may still register to vote, provided that the 
          individual will be 18 years of age at the time of the next 
          election.  This bill proposes a similar accommodation for new 
          citizens by allowing new citizens to register and vote until 
          close of polls on Election Day.

          In order to ensure that the new citizen voting process is not 
          abused, existing law requires a new citizen registering to vote 
          after the close of registration to provide the elections 
          official with proof of citizenship and a declaration that the 
          new citizen has established residency in California.  In 
          addition, existing law requires the county elections official to 
          keep a list of all persons who registered as new citizens that 
          is open to public inspection.  This bill maintains those 
          existing safeguards.
           
           SB 382 (Oropeza) of 2007 was substantially similar to this bill. 
           SB 382 was vetoed by Governor Schwarzenegger, who expressed 
          concern that this bill could inadvertently open the door to 
          fraud.


           Analysis Prepared by  :    Maria Garcia / E. & R. / (916) 
          319-2094


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