BILL ANALYSIS Ó AB 84 Page 1 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 AB 84 Page 2 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 AB 84 Page 3 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 FN: 0000184