BILL ANALYSIS Ó
SB 35
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SENATE THIRD READING
SB 35 (Padilla)
As Amended August 23, 2012
Majority vote
SENATE VOTE : Vote not relevant
ELECTIONS 5-1 APPROPRIATIONS 12-5
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|Ayes:|Fong, Bonilla, Hall, |Ayes:|Gatto, Blumenfield, |
| |Gatto, Swanson | |Bradford, Charles |
| | | |Calderon, Campos, Davis, |
| | | |Fuentes, Hall, Hill, |
| | | |Cedillo, Mitchell, |
| | | |Solorio |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Logue |Nays:|Harkey, Donnelly, |
| | | |Nielsen, Norby, Wagner |
| | | | |
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SUMMARY : Adds the California Health Benefit Exchange to the
list of public assistance agencies required by the National
Voter Registration Act of 1993 (NVRA) to provide voter
registration opportunities and codifies various other provisions
of the NVRA. Specifically, this bill :
1)Defines, for the purposes of this bill, the terms "voter
preference form" and "voter registration agency."
2)Requires the Secretary of State (SOS) to adopt regulations
necessary to implement the provisions of this bill and the
federal NVRA.
3)Requires a voter registration agency, with each application
for service or assistance, to provide to an applicant with a
voter preference form and a voter registration card, unless
the applicant declines, and to assist the applicant in
completing the voter registration card, unless the applicant
refuses the assistance.
4)Requires the SOS to coordinate with county elections officials
and voter registration agencies to implement this bill,
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prepare written training materials that describe the
responsibilities of a elections officials and voter
registration agencies pursuant to the provisions of this bill
and the federal NVRA, contact a voter registration agency if
the agency is not complying with the requirements of this bill
and the federal NVRA, and coordinate with each state agency
that evaluates the performance of an agency designated as a
voter registration agency.
5)Requires a county elections official to provide voter
registration cards to and conduct training for a voter
registration agency upon request of the agency, and to
maintain a record of the number of voter registration cards
provided to and received from each agency.
6)Requires a voter registration agency to designate an employee
to be responsible for the agency's compliance with
requirements of this bill, and to take steps to ensure that
the agency has a sufficient supply of voter preference forms
and voter registration cards available, as specified.
Requires each agency to ensure that each employee of the
agency, who may provide voter registration services, is
trained annually using materials prepared by the SOS.
7)Requires county elections officials to report to the SOS
monthly on the number of voter registration cards received
from each voter registration agency, and requires the SOS to
post the information contained in each report on the SOS's
Internet Web site.
8)Requires a voter registration agency that allows a person to
apply online for services or assistance, to allow an applicant
to electronically submit a voter preference form to the
agency, and to submit an affidavit of voter registration
electronically on the SOS's Internet Web site in accordance
with existing online voter registration provisions of law.
9)Requires a voter registration agency to notify each person who
indicates on a voter preference form that he or she would like
to register to vote of the methods by which that person may
register, as specified.
10)Requires the SOS to take steps to ensure that the electronic
affidavit of voter registration is available, and may be
electronically submitted and verified, in all languages which
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a county is required to provide voting materials pursuant to
the federal Voting Rights Act of 1965.
11)Requires the California Health Benefit Exchange, no later
than July 1, 2014, to implement a process and the
infrastructure to allow a person who applies online for
service or assistance to submit an affidavit of voter
registration electronically on the Internet Web site of the
SOS in accordance with this bill.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, minor and absorbable costs to the SOS, county
elections offices, and the California Health Benefit Exchange.
COMMENTS : According to the author, "Congress enacted the
National Voter Registration Act of 1993 ('NVRA' or the 'Motor
Voter Act'), to enhance voting opportunities for every American.
The Act has made it easier for all Americans to register to vote
and to maintain their registration by requiring that individuals
be given the opportunity to register to vote or to change their
voter registration data when applying for or renewing their
driver's license.
"A lesser known provision of the Motor Voter Act requires states
to provide individuals the opportunity to register to vote or to
change their voter registration data when applying for, or
receiving, services at state public assistance office as
designated by the state. These designated agencies are known as
Voter Registration Agencies.
"Following the passage of the NVRA, Governor Pete Wilson
designated the minimum number of agencies, two, as voter
registration agencies as required by the law. Since 1994, no
additional agencies have been designated Voter Registration
Agencies despite California's discretionary authority to do so.
Thus, multiple state agencies in California, some of which did
not even exist in 1994 and that together process millions of
applications for public benefits each year, have yet to be
designated voter registration agencies."
Analysis Prepared by : Nichole Becker / E. & R. / (916)
319-2094
FN:
0005405
SB 35
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