BILL ANALYSIS �
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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 Le�n, 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
Hern�ndez, Hill, Huber, Hueso, Huffman, Lara, Bonnie
Lowenthal, Ma, Mendoza, Mitchell, Monning, Pan, Perea, V.
Manuel P�rez, Portantino, Skinner, Solorio, Swanson,
Torres, Wieckowski, Williams, Yamada, John A. P�rez
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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