BILL ANALYSIS Ó SENATE COMMITTEE ON ELECTIONS AND CONSTITUTIONAL AMENDMENTS Senator Lou Correa, Chair BILL NO: SB 111 HEARING DATE: 4/2/13 AUTHOR: BEALL ANALYSIS BY: Frances Tibon Estoista AMENDED: 3/6/13 FISCAL: YES SUBJECT Elections: voter signature DESCRIPTION Existing law authorizes certain persons to use a signature stamp to affix a signature to various elections documents. Existing law prohibits a voter from using a signature stamp until the signature stamp is used by the voter to sign an affidavit of registration in the presence of a county elections official. Existing law requires the Department of Motor Vehicles (DMV) and the Secretary of State (SOS) to develop a process and infrastructure to allow the electronic copy of a person's signature and other information to be transferred to the SOS for the purpose of allowing a person to register to vote electronically on the SOS's Internet Web site. This bill would, additionally authorize certain registered voters to use a signature stamp if the voter submits an affidavit of registration electronically utilizing a signature stamp that has been approved by the department DMV and transmitted to the secretary SOS. BACKGROUND The Warren Mattingly Signature Stamp Act was established by AB 18 (Blakeslee), Ch. 485 Statutes of 2007, and enabled a person who, due to a disability, is unable to provide a handwritten signature, to use a signature stamp in situations where the California Elections Code requires a signature, e.g., on a vote-by-mail ballot or an initiative petition. Currently, after the DMV confirms an applicant's identity, it stores an electronic copy of the signature stamp just as it stores traditional signatures. COMMENTS 1. According to the author , SB 111 updates the law by allowing a person who is unable to sign their name, due to a disability, to use a signature stamp that is filed with the Department of Motor Vehicles (DMV) to complete their online voter registration application. According to Disability Rights California, over 30,000 Californians have a signature stamp approved for use by, and on file with the Department of Motor Vehicles. The DMV currently allows people who cannot sign their names to use a signature stamp when applying for a driver's license or California identification card. After the DMV confirms the applicant's identity, it stores an electronic copy of the signature stamp just as it stores traditional signatures. Under current law, people who use a signature stamp to sign a voter registration affidavit must do so in the presence of an election official, necessitating a trip to the local elections office -- a task that may be burdensome for a person with a disability. SB 111 will streamline the voter registration process for people who cannot sign their name by allowing them to register to vote online, thus creating equal access to online voter registration for people using signature stamps. 2. Similar and related legislation : AB 5 (Ammiano) contains related language to the same provision of law. SB 397 (Yee), Ch. 561, Statutes of 2011 permits online voter registration to begin prior to the completion of a new statewide voter registration database. SB 111 (BEALL) Page 2 AB 18 (Blakeslee) Ch. 485, Statutes of 2007 provided that a person with a disability, as defined, who, by reason of the disability, is unable to write may use a signature stamp, or authorize another person to use the stamp, to serve as his or her signature for any purpose specified in the Elections Code. POSITIONS Sponsor: Secretary of State Support: American Federation of State, County and Municipal Employees (AFSCME), AFL-CIO Association of Regional Center Agencies California Association of Clerks and Election Officials California Common Cause California Council of the Blind California Foundation for Independent Living Centers (CFILC) California State Council of the Service Employees International Union (SEIU) Disability Rights California National Multiple Sclerosis Society-California Action Network Silicon Valley Independent Living Center The Arc and United Cerebral Palsy in California United Cerebral Palsy of Sacramento and Northern California United Domestic Workers of America, AFSCME Local 3930 Oppose: None received SB 111 (BEALL) Page 3