BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 131
                                                                  Page  1


          ASSEMBLY THIRD READING
          AB 131 (Williams)
          As Introduced  January 15, 2013
          Majority vote 

           ELECTIONS           5-1                                           
            
           
           -------------------------------- 
          |Ayes:|Fong, Bocanegra, Bonta,   |
          |     |Hall, Perea               |
          |     |                          |
          |-----+--------------------------|
          |Nays:|Donnelly                  |
          |     |                          |
           -------------------------------- 
           SUMMARY  :  Provides that a person's failure to identify his or  
          her place of birth on an affidavit of registration shall not  
          preclude the affidavit from being deemed complete. 

           FISCAL EFFECT  :  None.  This bill is keyed non-fiscal by the  
          Legislative Counsel.

           COMMENTS  :   According to the author, "County election officials  
          must engage in the time consuming practice of contacting  
          potential voters when a piece of information is missing from a  
          voter registration form.  While all information requested of  
          potential voters is important, a person's place of birth is not  
          used to confirm his or her eligibility to vote. Further,  
          counties have no clear authority to process incomplete  
          registration cards that omit place of birth.  

          "This measure will save county clerks valuable time and  
          resources by making it optional to answer a registration form  
          question that is not required by the federal government or by 39  
          other states. Further, the question of place of birth is  
          duplicative in nature because it is not utilized to verify  
          eligibility. The eligibility of the potential voter is verified  
          in the signature box under penalty of perjury. 

          "AB 131 clarifies that if a registrant fails to identify his or  
          her place of birth, it is presumed that he or she is eligible to  
          register to vote as long as he or she marked the box stating  
          that he or she is a citizen of the United States and signs the  








                                                                  AB 131
                                                                  Page  2


          affidavit under penalty of perjury.  

          "As a result, AB 131 protects voting rights and assists counties  
          with cost savings by removing the mandate to contact registrants  
          and obtain this information." 

          The National Voter Registration Act of 1993 (Public Law 103-31),  
          also known as "Motor Voter," requires every state to accept a  
          uniform federal voter registration application by mail, among  
          other provisions.  Under Motor Voter, the federal voter  
          registration application may require only such identifying  
          information and other information as is necessary to enable the  
          appropriate election official to assess the eligibility of the  
          applicant and to administer voter registration and other parts  
          of the election process.  As a result, the federal voter  
          registration application, which is accepted for voter  
          registration in California pursuant to federal law, does not  
          request information about the applicant's place of birth.

          Because the uniform federal voter registration application does  
          not contain a space for the applicant's place of birth, any  
          Californian who registers to vote using that form will have his  
          or her registration processed even though he or she has not  
          specified his or her place of birth on the voter registration  
          application.  On the other hand, any voter who attempts to  
          register using the state's voter registration affidavit and who  
          leaves the space for "place of birth" blank does not have his or  
          her registration processed unless the county elections official  
          is able to contact that voter and obtain that information from  
          the voter.  
           

          Analysis Prepared by  :    Lori Barber / E. & R. / (916) 319-2094 


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