BILL ANALYSIS Ó
SB 111
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Date of Hearing: June 11, 2013
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Paul Fong, Chair
SB 111 (Beall) - As Amended: March 6, 2013
SENATE VOTE : 36-0
SUBJECT : Elections: voter signature.
SUMMARY : Authorizes a registered voter or any person who is
eligible to vote and who qualifies as an authorized user, as
specified under existing law, to use a signature stamp that has
been approved by the Department of Motor Vehicles (DMV) and
transmitted to the Secretary of State (SOS) to submit an
affidavit of voter registration electronically on SOS's Internet
Web site. Makes other corresponding changes.
EXISTING LAW :
1)Authorizes certain persons to use a signature stamp to affix a
signature to various elections documents. 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.
2)Requires the DMV and the 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
and to the county election management systems for the purpose
of allowing a person to register to vote electronically on the
SOS's Internet Web site.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to the Senate Rule 28.8, negligible state
costs.
COMMENTS :
1)Purpose of the Bill : 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
SB 111
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application.
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 vote online, thus creating equal access to online
voter registration for people using signature stamps.
2)Warren Mattingly Signature Stamp Act : In 2007, the Warren
Mattingly Signature Stamp Act was established by AB 18
(Blakeslee), Chapter 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 situtations
where the California Elections Code requires a signature. For
example, a signature stamp can be used to sign a vote by mail
ballot identification envelope 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.
However, as mentioned above, current law only allows a
registered voter or any person who is eligible to vote and an
authorized user, as specified, to use a signature stamp only
after they submit an affidavit of registration in the presence
of a county elections official, using the signature stamp to
sign the affidavit.
3)Online Voter Registration : Last session, the Governor signed
SB 397 (Yee), Chapter 561, Statutes of 2011, which allowed
online voter registration to begin prior to the completion of
a new statewide voter registration database, if certain
conditions were met. One of the conditions required the DMV
and the SOS to develop a process and infrastructure necessary
SB 111
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to transfer the electronic copy of a person's signature from
the DMV to the SOS. Currently, a person can fill out an
application online and authorize the use of their signature on
file with the DMV to "sign" the application. This bill
expands online voter registration and allows an authorized
person, as specified under existing law, who has a signature
stamp approved for use by and on file with the DMV to use that
stamp to submit a voter registration application online
without having to also use the signature stamp in the presence
of their county elections official. According to the author,
this bill will not only streamline the voter registration
process for people who cannot sign their name by allowing them
to register to vote online, but it will also create equal
access to online voter registration for people using signature
stamps.
4)Arguments in Support : The National Multiple Sclerosis Society
- California Action Network (MS-CAN) writes in support:
MS-CAN has recognized the value of signature stamps for
disabled people in conducting their business and legal
activities and was a strong supporter of the Warren
Mattingly Signature Act, AB 18 (Blakeslee, Chapter 485,
Statutes of 2007). Use of a signature stamp to register to
vote online will be of enormous assistance for disabled
individuals by removing a remaining obstacle to vote.
SB 111
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REGISTERED SUPPORT / OPPOSITION :
Support
Secretary of State (sponsor)
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
California State Council of the Service Employees International
Union
California Teachers Association
Disability Rights California
National Multiple Sclerosis Society-California Action Network
The Arc and United Cerebral Palsy in California
United Cerebral Palsy of Sacramento and Northern California
Opposition
None on file.
Analysis Prepared by : Nichole Becker / E. & R. / (916)
319-2094