BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 641
                                                                  Page  1

          Date of Hearing:   August 17, 2011

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                    SB 641 (Calderon) - As Amended:  May 31, 2011 

          Policy Committee:                              ElectionsVote:4-3

          Urgency:     No                   State Mandated Local Program: 
          Yes    Reimbursable:              Yes

           SUMMARY  

          This bill allows a person to register to vote and to vote at the 
          office of a county elections official any time between 14 days 
          before election day and up to and including election day, if 
          certain requirements are met. Specifically, this bill:   

          1)Permits any person 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, at any permanent office of the county 
            elections official, during the 14 days immediately preceding 
            an election or on election day.

          2)Provides that a conditional voter registration is effective 
            only if the county elections official is able to determine 
            before or during the canvass period for the election that the 
            registrant is able to register to vote and has provided at 
            least one form of identification deemed acceptable under the 
            Help America Vote Act of 2002 (HAVA).

          3)Provides that if a conditional registration is deemed 
            effective, the elections officials shall include the 
            corresponding provisional ballot in the official canvass.

          4)Requires elections officials to cancel any duplicate voter 
            registrations that may exist as a result of a conditional 
            registration.

          5)Requires elections officials, if it appears that a registrant 
            may have committed fraud, to notify both the district attorney 
            and the Secretary of State (SOS).









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          6)Increases, from $10,000 to $25,000, the maximum fine that may 
            be imposed for a felony conviction of an election crime, for 
            which no other penalty is prescribed.

           FISCAL EFFECT  

          Moderate annual General Fund reimbursable costs of $300,000 to 
          $600,000, assuming $5,000 to $10,000 per county to accommodate 
          voter registration, principally on election day, at county 
          elections offices. This includes the costs for staffing, 
          providing sufficient ballot types for a voter residing anywhere 
          in the county, processing the additional voter registrations, 
          and any additional handling associated with processing the 
          ballots. These costs will vary by county, and will depend on the 
          extent that eligible voters avail themselves to this option, 
          which could be limited given that same-day registration would 
          not be available at polling places. For high turnout elections, 
          costs could be much higher than those assumed above. Costs would 
          be offset to an unknown extent by a reduction in counties' 
          existing workload associated with provisional ballots.

          The 2011-12 Budget Act suspends all six existing 
          elections-related mandates, including requirements for counties 
          to allow any voter to become a permanent vote-by-mail (VBM) 
          voter and to tabulate VBM ballots by precinct.
           
           COMMENTS  

           1)Purpose  . Current law allows individuals eligible to vote to 
            register up to 15 days prior to an election. This bill would 
            additionally allow voters to register and vote up to and 
            including election day at county elections offices. The author 
            notes that California is ranked 41st in state voter turnout, 
            and cites research showing that election-day registration can 
            considerably boost voter turnout. 

           2)Other States  :  Ten states and the District of Columbia have 
            some form of election day voter registration.  Idaho, Iowa, 
            Maine, Minnesota, Montana, New Hampshire, Wisconsin, Wyoming, 
            and Washington, DC generally permit election day voter 
            registration at most or all elections, while Connecticut and 
            Rhode Island permit election day voter registration only for 
            Presidential elections. Six of these states (Idaho, Iowa, 
            Minnesota, New Hampshire, Wisconsin, and Wyoming) and 
            Washington DC allow election day voter registration at the 








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            polling place, while the other four states (Connecticut, 
            Maine, Montana, and Rhode Island) instead require voters to go 
            to another specified location (often the office of the local 
            elections official) to register to vote on election day.

           3)Potential Impact  . According to a study conducted earlier this 
            year by Dmos, a public policy research and advocacy 
            organization that often advocates for election day 
            registration, enacting election day registration in California 
            could increase overall turnout by 4.8%, with larger increases 
            in participation by voters aged 18 to 25, by voters who had 
            moved in the last six months, and by Latinos and 
            newly-naturalized citizens. These projections assume voters 
            would be allowed to register to vote on election day at the 
            polling place, however. The study notes that requiring voters 
            "to engage in excessive travel on election day is not likely 
            to facilitate as many voters utilizing Ýelection-day 
            registration] as would a system allowing voters to simply 
            register and vote at their local polling place."

           4)Opposition.  The California Association of Clerks and Elections 
            Officials (CACEO) argues that the provisions of this bill 
            should not be put into practice until the statewide voter 
            registration database (VoteCal) is fully functioning (not 
            expected until 2015). In addition, the CACEO expressed concern 
            regarding the logistics and funding required to manage a large 
            influx of voters taking advantage of this process on election 
            day.

           5)Prior Legislation  . Similar legislation in 2010 (SB 1140, Yee) 
            was held on this committee's Suspense File.

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