BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 397
                                                                  Page  1

          Date of Hearing:   August 17, 2011

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                     SB 397 (Yee) - As Amended:  August 15, 2011 

          Policy Committee:                              ElectionsVote:5-2

          Urgency:     No                   State Mandated Local Program: 
          No     Reimbursable:               

           SUMMARY  

          This bill requires that the option for online voter registration 
          be made available prior to completion of a statewide voter 
          registration database, if certain conditions are met. 
          Specifically, this bill:

          1)Allows for online voter registration effective on the date 
            that either of the following occurs:

             a)   The Secretary of State (SOS) certifies that the state 
               has a statewide voter registration database compliant with 
               the federal Help America Vote Act (HAVA), as already 
               required under current state law, or,

             b)   The SOS executes a declaration stating that the 
               following have occurred:

               i)     Federal approval has been received to use HAVA or 
                 other federal funding to provide online voter 
                 registration in advance of deploying the statewide voter 
                 registration database.

               ii)    The DMV and the SOS have developed the process and 
                 infrastructure necessary to implement online voter 
                 registration.

               iii)   All county elections management systems are capable 
                 of receiving and storing electronic voter registration 
                 information received from the SOS.

          2)Exempts the SOS, for the system to be developed under (1)(b), 
            from information technology project administrative approvals 








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            in order to expedite the availability of online voter 
            registration.

           FISCAL EFFECT  

          1)One-time costs of around $250,000 to the DMV, and one-time 
            costs of $150,000 and ongoing costs of $40,000 to the SOS to 
            develop and maintain online voter registration capability 
            prior to implementation of the statewide voter registration 
            database. Per the bill's requirements, these costs would have 
            to be covered by federal funds.

          2)To the extent this bill results in the availability of online 
            voter registration sooner than the expected completion of the 
            statewide voter registration database, and significant numbers 
            of registrants use this option, the SOS, DMV, and counties 
            will more quickly realize significant and ongoing savings from 
            reduced paper processing of voter registrations.

           COMMENTS  

           1)Background  . SB 381 (Calderon)/Chapter 613 of 2008 allow a 
            person to register to vote on the SOS's website if he or she 
            has a valid California driver's license or state 
            identification card. This capability will not become operative 
            until the statewide voter registration database (VoteCal) has 
            been deployed.  At the time SB 381 was being considered, the 
            VoteCal system was expected to be deployed by 2010.  However, 
            since that time, delays in the procurement process pushed back 
            the estimated completion date for the VoteCal system. 
            Specifically, the state entered into a contract to develop the 
            system in 2009, but terminated that contract in May 2010 due 
            to concerns about the contractor's ability to successfully 
            complete the project. A new VoteCal contract is expected to be 
            awarded next year, and the system is expected to be 
            operational in 2015.

           2)Purpose  . SB 397 is intended to allow online voter registration 
            to commence prior to the delayed completion of VoteCal, 
            provided the state receives federal funding to develop this 
            capability and all county election management systems are 
            compatible with the state system.

            Online voter registration is expected to provide significant 
            savings to the state and to counties due to reductions in 








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            printing, processing, and data input from paper voter 
            registration forms.  Additionally, online voter registration 
            is expected to improve the accuracy of the voter registration 
            rolls by cutting down on data entry errors and errors that 
            occur due to illegible voter registration forms, while making 
            voter registration more convenient for many voters.

           Analysis Prepared by  :    Chuck Nicol / APPR. / (916) 319-2081