BILL ANALYSIS                                                                                                                                                                                                    Ó







                      SENATE COMMITTEE ON PUBLIC SAFETY
                            Senator Loni Hancock, Chair              A
                             2011-2012 Regular Session               B

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          AB 1436 (Feuer)                                            6
          As Amended June 18, 2012
          Hearing date: July 3, 2012
          Elections Code
          MK:dl

                                  VOTER REGISTRATION  

                                       HISTORY

          Source:  Author

          Prior Legislation: None

          Support: California Labor Federation; Santa Clara County Board 
                   of Supervisors; City of Los Angeles; American 
                   Association of University Women

          Opposition:None Known

          Assembly Floor Vote:  Ayes 47 - Noes 26



                                         KEY ISSUE
           
          SHOULD THE LAW ALLOW AN ELIGIBLE PERSON TO REGISTER TO VOTE AT THE 
          OFFICE OF THE COUNTY ELECTIONS OFFICIAL AT ANY TIME INCLUDING ON 
          ELECTION DAY?


                                       PURPOSE





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                                                            AB 1436 (Feuer)
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          The purpose of this bill is to allow an eligible person to 
          register to vote and vote at the office of the county elections 
          official at any time, including on election day, if certain 
          requirements are met.
          
           Existing law  provides that a person entitled to register to vote 
          shall be a United States citizen, a resident of California, not 
          in prison or on parole for the conviction of a felony, and at 
          least 18 years of age at the time of the next election.  
          (Elections Code § 2101)

           Existing law  sets forth the requirements for an affidavit of 
          registration. (Elections Code § 2102)

           Existing law  provides that county officials shall accept an 
          affidavit of registration executed as part of a voter 
          registration card in the forthcoming election if the affidavit 
          is executed on or before the 15th day prior to the election.  
          (Elections Code§ 2107)

           This bill  defines "conditional voter registration" as a properly 
          executed affidavit of registration which is delivered by the 
          registrant to the county elections official during the 14 days 
          immediately preceding an election or on election day and which 
          may be deemed effective after the elections official processes 
          the affidavit, determines the registrant's eligibility to 
          register, and validates the registrant's information.

           This bill  permits an elector who is otherwise qualified to 
          register to vote, in addition to existing methods of voter 
          registration, to complete a conditional voter registration and 
          cast a provisional ballot during the 14 days immediately 
          preceding an election or on election day.

           This bill provides that a conditional voter registration shall 
          be deemed effective if the county elections official is able to 
          determine before or during the canvass period for the election 
          that the registrant is eligible to register to vote and that the 
          information provided by the registrant on the registration 
          affidavit matches information contained in a database maintained 




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          by the California Department of Motor Vehicles (DMV), or the 
          federal Social Security Administration.
           
          This bill  provides that if the information provided by the 
          registrant on the registration affidavit cannot be verified by 
          the databases described above, but the registrant is otherwise 
          eligible to vote, the registrant shall be issued a unique 
          identification number in accordance with existing law, and the 
          conditional voter registration shall be deemed effective.

           This bill  provides that conditional voter registration and 
          provisional voting shall be available at all permanent offices 
          of the county elections official.

           This bill  requires an elections official to notify registrants 
          that a conditional voter registration will be effective only if 
          the registrant is determined to be eligible to register to vote 
          for the election and the information is verified as specified by 
          this bill.
           
           This bill  requires an elections official to conduct the receipt 
          and handling of each conditional voter registration and offer 
          and receive a corresponding provisional ballot in a manner that 
          protects the secrecy of the ballot and allows the elections 
          official to process the registration, determine the registrant's 
          eligibility to register, and validate the registrant's 
          information before counting or rejecting the corresponding 
          provisional ballot.

           

          This bill  requires an elections official, after receiving a 
          conditional voter registration, to process the registration, 
          determine the registrant's eligibility to register and attempt 
          to validate the information.

           This bill  requires an elections official, if a conditional 
          registration is deemed effective, to include the corresponding 
          provisional ballot in the official canvass.





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           This bill  provides that the county elections official may offer 
          conditional voter registration and provisional voting on 
          election day at satellite offices of the county elections office 
          in accordance with procedures set forth in existing law.

           This bill  requires an elections official, if it appears that a 
          registrant may have committed fraud, to notify in writing both 
          the district attorney and the SOS.

           Existing law  provides for voting by provisional ballot but 
          provides that provisional ballots shall not be included in the 
          semiofficial or official canvass unless the election official 
          establishes prior to the completion of the canvass that the 
          claimant has a right to vote or by order of a superior court in 
          the county. (Elections Code § 14310)

           This bill  provides further that the provisional ballot shall be 
          included if it was cast and included in the canvass pursuant to 
          the provision created by this bill.

           Existing law  provides that every person is guilty of a wobbler 
          punishable by imprisonment
          pursuant to subdivision (h) of Section 1170 of the Penal Code 
          for 16 months or two or three years, or in a county jail not 
          exceeding one year, who:

                 Not being entitled to vote at an election, fraudulently 
               votes or fraudulently attempts to vote at that election.
                 Being entitled to vote at an election, votes more than 
               once, attempts to vote more than once, or knowingly hands 
               in two or more ballots folded together at that election.
                 Impersonates or attempts to impersonate a voter at an 
               election.

           Existing law  provides upon a conviction for any crime punishable 
          by imprisonment in any jail or prison, in relation to which no 
          fine is herein prescribed, the court may impose a fine on the 
          offender not exceeding one thousand dollars ($1,000) in cases of 
          misdemeanors or ten thousand dollars ($10,000) in cases of 
          felonies, in addition to the imprisonment prescribed.




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           This bill  would increase the felony fine to $25,000.

            


                                          
                                          


                    RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
                                      ("ROCA")
          
          In response to the unresolved prison capacity crisis, since 
          early 2007 it has been the policy of the chair of the Senate 
          Committee on Public Safety and the Senate President pro Tem to 
          hold legislative proposals which could further aggravate prison 
          overcrowding through new or expanded felony prosecutions.  Under 
          the resulting policy known as "ROCA" (which stands for 
          "Receivership/Overcrowding Crisis Aggravation"), the Committee 
          has held measures which create a new felony, expand the scope or 
          penalty of an existing felony, or otherwise increase the 
          application of a felony in a manner which could exacerbate the 
          prison overcrowding crisis by expanding the availability or 
          length of prison terms (such as extending the statute of 
          limitations for felonies or constricting statutory parole 
          standards).  In addition, proposed expansions to the 
          classification of felonies enacted last year by AB 109 (the 2011 
          Public Safety Realignment) which may be punishable in jail and 
          not prison (Penal Code section 1170(h)) would be subject to ROCA 
          because an offender's criminal record could make the offender 
          ineligible for jail and therefore subject to state prison.  
          Under these principles, ROCA has been applied as a 
          content-neutral, provisional measure necessary to ensure that 
          the Legislature does not erode progress towards reducing prison 
          overcrowding by passing legislation which could increase the 
          prison population.  ROCA will continue until prison overcrowding 
          is resolved.

          For the last several years, severe overcrowding in California's 




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          prisons has been the focus of evolving and expensive litigation. 
           On June 30, 2005, in a class action lawsuit filed four years 
          earlier, the United States District Court for the Northern 
          District of California established a Receivership to take 
          control of the delivery of medical services to all California 
          state prisoners confined by the California Department of 
          Corrections and Rehabilitation ("CDCR").  In December of 2006, 
          plaintiffs in two federal lawsuits against CDCR sought a 
          court-ordered limit on the prison population pursuant to the 
          federal Prison Litigation Reform Act.  On January 12, 2010, a 
          three-judge federal panel issued an order requiring California 
          to reduce its inmate population to 137.5 percent of design 
          capacity -- a reduction at that time of roughly 40,000 inmates 
          -- within two years.  The court stayed implementation of its 
          ruling pending the state's appeal to the U.S. Supreme Court.  

          On May 23, 2011, the United States Supreme Court upheld the 
          decision of the three-judge panel in its entirety, giving 
          California two years from the date of its ruling to reduce its 
          prison population to 137.5 percent of design capacity, subject 
          to the right of the state to seek modifications in appropriate 
          circumstances.  Design capacity is the number of inmates a 
          prison can house based on one inmate per cell, single-level 
          bunks in dormitories, and no beds in places not designed for 
          housing.  Current design capacity in CDCR's 33 institutions is 
          79,650.



          On January 6, 2012, CDCR announced that California had cut 
          prison overcrowding by more than 11,000 inmates over the last 
          six months, a reduction largely accomplished by the passage of 
          Assembly Bill 109.  Under the prisoner-reduction order, the 
          inmate population in California's 33 prisons must be no more 
          than the following:

                 167 percent of design capacity by December 27, 2011 
               (133,016 inmates);
                 155 percent by June 27, 2012;
                 147 percent by December 27, 2012; and




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                 137.5 percent by June 27, 2013.
               
          This bill does aggravate the prison overcrowding crisis 
          described above under ROCA.


                                      COMMENTS
          1.   Need for This Bill  

          According to the author:


































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               Citizen participation in elections is the bedrock of 
               our representative democracy.  Yet, in California, 
               voter participation has fallen to troubling levels.  In 
               the November 2010 general election just 44.1% of 
               eligible voters cast a vote.  Fortunately there is more 
               that we can do to promote increased participation, thus 
               ensuring that election results reflect the will of the 
               people to the greatest extent possible. Currently, 
               individuals who are eligible to vote must submit a 
               voter affidavit at least 15 days prior to an election. 
               Unfortunately, the registration deadline hinders voter 
               participation. This is illustrated by the ten states 
               that allow some form of same-day registration and 
               voting. All but one have higher voter participation 
               rates than California-where only 44.1% of eligible 
               voters participated in the 2010 general election. In 
               comparison, Iowa, Wisconsin and Minnesota had 
               respective rates of 50.0%, 52.1%, and 55.4% in the 2010 
               general election. Research also shows that same-day 
               registration and voting lead to increased 
               participation. North Carolina implemented same-day 
               voter registration in 2007 and saw an 8% increase in 
               voter turnout during the 2008 presidential election 
               compared to the 2004 presidential election.

               AB 1436 addresses California's low voter participation 
               rate through the creation of a conditional voter 
               registration process, which would provide same-day 
               registration and voting. Beginning 14 days prior to an 
               election and including Election Day, a county elections 
               office headquarters would offer conditional voter 
               registration. This should lead to greater voter 
               participation rates, which will provide election 
               results that more fully reflect the will of the people. 
               Aside from benefitting first-time voters, this bill 
               will also benefit those who have outdated registration.


               California counties vary greatly in geographic expanse 




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               and population. This can have the effect of limiting 
               access to a county elections office headquarters. To 
               increase the accessibility of same-day registration and 
               voting, AB 1436 authorizes counties to offer same-day 
               registration and voting at other sites in addition to 
               the central headquarters.

          2.   Registration up Until the Day of Voting  

          Under existing law a person may only register to vote up to and 
          including 15 days before the election.  This bill creates a 
          provision that will allow a person to register to vote up until 
          and including election day.  The bill sets up procedures for 
          accepting registration and provisional ballots under these 
          circumstances.

          3.   Expansion of a Felony  

          Existing law provides that a person who commits voter fraud is 
          guilty of a wobbler.   This bill increases the felony fine from 
          $10,000 (approximately $38,000 with penalty assessments) to 
          $25,000 (approximately $95,000 with penalty assessments).<1> 

          By expanding when a person can register to vote before an 
          election and creating a new type of "conditional voter 
          registration" that may take place within 14 days of the 
          election, this bill expands the existing wobbler and therefore 
          is subject to the ROCA policy of this Committee.

          The author may wish to make the violation of this provision a 
          misdemeanor, and then there would be no ROCA issue.

          4.   Elections and Constitutional Amendments  
          ---------------------------
          <1> Until the budget year 2002-2003, there was 170% in penalty 
          assessments applied to every fine, the current penalty 
          assessments are approximately 280%. (See Penal Code § 1464; 
          Penal Code § 1465.7; Penal Code § 1465.8 Government Code § 
          70372; Government Code § 7600.5 Government Code § 76000 et seq; 
          Government Code § 76104.6)  












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          This bill passed Senate Elections and Constitutional Amendments 
          on June 19, 2012 with a vote of 3-2.



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