BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                    AB 84|
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                                 THIRD READING


          Bill No:  AB 84
          Author:   Fong (D)
          Amended:  As introduced
          Vote:     21

           
           SENATE ELECTIONS & CONST. AMEND. COMMITTEE  :  3-2, 6/8/11
          AYES:  Correa, De León, Lieu
          NOES:  La Malfa, Gaines

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8
           
          ASSEMBLY FLOOR  :  52-25, 4/11/11 - See last page for vote


           SUBJECT  :    Elections:  new citizens

           SOURCE  :     Author


           DIGEST  :    This bill 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 
          citizen after the 15th day prior to an election, and (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.

           ANALYSIS  :    

          Existing law: 
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          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 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/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.

          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 

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          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 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. 


           Prior Legislation
           
          AB 432 (Oropeza), 2005-06 Session, was identical to this 
          bill but was held on the Senate Appropriations Committee's 
          suspense file.

          AB 51 (Oropeza), 2001-02 Session, was substantially similar 
          to this bill but was vetoed by Governor Davis.  In his veto 
          message, the Governor stated, in part:  

            "While extending the deadline to register could 
            potentially increase voter participation, this 
            legislation could pose logistical problems for local 

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            elections officials in the final days of preparation 
            prior to an election.  Additionally, it could result in 
            confusion of poll workers and voters by having voting and 
            registration activities occurring simultaneously on 
            Election Day."

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  Yes

           SUPPORT  :   (Verified  6/27/11)

          Asian Americans for Civil Rights and Equality
          Asian Americans for Community Involvement
          Asian Pacific American Legal Center
          California Association of Clerks and Election Officials
          California Common Cause
          California Communities United Institute
          California Immigrant Policy Center
          Coalition for Humane Immigrant Rights of Los Angeles
          Greenlining Institute
          Human Agenda
          Mexican American Legal Defense and Educational Fund
          Services, Immigrant Rights and Education Network


           ASSEMBLY FLOOR  :  52-25, 4/11/11
          AYES:  Alejo, Allen, Ammiano, Atkins, Beall, Block, 
            Blumenfield, Bonilla, Bradford, Brownley, Buchanan, 
            Butler, Charles Calderon, Campos, Carter, Cedillo, 
            Chesbro, Davis, Dickinson, Eng, Feuer, Fong, Fuentes, 
            Furutani, Galgiani, Gatto, Gordon, Hall, Hayashi, Roger 
            Hernández, Hill, Huber, Hueso, Huffman, Lara, Bonnie 
            Lowenthal, Ma, Mendoza, Mitchell, Monning, Pan, Perea, V. 
            Manuel Pérez, Portantino, Skinner, Solorio, Swanson, 
            Torres, Wieckowski, Williams, Yamada, John A. Pérez
          NOES:  Achadjian, Bill Berryhill, Conway, Cook, Donnelly, 
            Garrick, Grove, Hagman, Halderman, Harkey, Jeffries, 
            Jones, Knight, Logue, Mansoor, Miller, Morrell, Nestande, 
            Nielsen, Norby, Olsen, Silva, Smyth, Valadao, Wagner
          NO VOTE RECORDED:  Fletcher, Gorell, Vacancy


          DLW:kc  6/28/11   Senate Floor Analyses 


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                         SUPPORT/OPPOSITION:  SEE ABOVE

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