BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 361
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          Date of Hearing:   August 13, 2013

                  ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
                                  Paul Fong, Chair
                    SB 361 (Padilla) - As Amended:  August 6, 2013

           SENATE VOTE  :   (vote not relevant)
           
          SUBJECT  :   Elections: voter registration.

           SUMMARY  :   Requires the Secretary of State (SOS) to jointly  
          establish automated voter registration systems with the  
          Department of Motor Vehicles (DMV), California community  
          colleges (CCC) and California State Universities (CSU), as  
          specified, and voter registration agencies designated by  
          National Voter Registration Act of 1993 (NVRA), as specified.   
          Specifically,  this bill  :   

          1)Requires the SOS to provide on his or her Internet Web site  
            the capability for a voter to, and maintain a toll-free  
            telephone number by which a voter may, do all of the  
            following:

             a)   Check the status of his or her voter registration and  
               review his or her voter registration information that is  
               included in the SOS's electronic voter registration system;

             b)   Find the location of his or her polling place, not less  
               than thirty days before an election, if available, or the  
               location of the polling place for any residential address  
               in the state;

             c)   Determine, upon completion of the official canvass for  
               an election, whether his or her vote by mail (VBM) ballot  
               was counted and if not, the reason the ballot was rejected;

             d)   Determine, upon completion of the official canvass for  
               an election, whether his or her provisional ballot was  
               counted and if not, the reason the ballot was rejected;  
               and,

             e)   Opt out of receiving his or her voter pamphlet by mail  
               and instead receive it by email.

          2)Requires the online system established by this bill to be  








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            accessible to persons with disabilities and available in all  
            languages in which a ballot or ballot materials are required  
            to be made available in this state pursuant to Section 203 (42  
            U.S.C. Sec. 1973aa-1a) or Section 4(f)(4) (42 U.S.C. Sec.  
            1973b(f)(4)) of the federal Voting Rights Act of 1965.   
            Requires the SOS to adopt regulations to ensure the security  
            and privacy of any personal voter registration information  
            conveyed by the online system.

          3)Authorizes the SOS, notwithstanding other laws and for the  
            purposes of maintaining accurate voter registration records,  
            to enter into agreements with other states to share and  
            receive information or data pertaining to voters who have  
            permanently moved to other states in accordance with existing  
            law.  Requires the SOS, before entering into an agreement, to  
            establish standards and procedures to safeguard the privacy of  
            the state's residents and the integrity and security of the  
            information or data shared and received.  Prohibits the SOS  
            from sharing a voter's information if that information is  
            deemed confidential by existing law, as specified.  

          4)Establishes Paperless Voter Registration and requires the SOS  
            and the DMV, by January 1, 2017, to jointly establish a system  
            in which voter registration information is collected by the  
            DMV, as specified, and electronically transmitted to the SOS,  
            in a format prescribed by the SOS, for the purpose of  
            registering a person to vote or updating a voter's  
            registration information.

          5)Requires the DMV, with each in-person or online application  
            for the issuance or renewal of a driver's license or state  
            identification card, and with each in-person or online  
            submission of a change of address form, to offer the person  
            the opportunity to register to vote in accordance with the  
            NVRA.  Requires the DMV to notify the applicant of all of the  
            following:

             a)   The eligibility requirements to register to vote in this  
               state, using notice language approved by the SOS;

             b)   That the applicant has an opportunity to register to  
               vote or update his or her voter registration information;

             c)   That voter registration is voluntary and, if the  
               applicant declines to register to vote, the fact that he or  








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               she declined to register shall only be used for voter  
               registration purposes and shall not otherwise affect the  
               services or assistance provided by the DMV;

             d)   That if the applicant chooses to register to vote or  
               update his or her voter registration information, that his  
               or her voter registration information shall be made  
               available to the SOS for voter registration purposes.

          6)Requires the DMV, after providing the required notices to the  
            applicant as stated above, to ask the applicant whether he or  
            she would like to register to vote or update his or her voter  
            registration information and whether he or she consents to the  
            use of his or her DMV records for voter registration purposes.  
             Requires the DMV, for each applicant who indicates that he or  
            she would like to register to vote or update his or her voter  
            registration information, and consents to the use of his or  
            her motor vehicle records for voter registration purposes, to  
            provide the applicant with a supplemental voter registration  
            form, as specified.

          7)Requires each CCC or CSU campus that operates an automated  
            class registration system on or after January 1, 2014, to  
            jointly establish a system in which voter registration  
            information is collected by the college or university, as  
            specified, and electronically transmitted to the SOS, in a  
            format prescribed by the SOS, for the purpose of registering a  
            person to vote or updating a voter's registration information.  
            Requires the SOS to work with each CCC and CSU campus that  
            operates an automated class registration system to ensure that  
            the system conforms to the Paperless Voter Registration  
            requirements, as specified in the bill.

          8)Requires the CCC or CSU campus, each time a student registers  
            for classes, to offer the student the opportunity to register  
            to vote, and to notify the student of all of the following:

             a)   The eligibility requirements to register to vote in this  
               state, using notice language approved by  the SOS;

             b)   That the student has an opportunity to register to vote  
               or update his or her voter registration information;
             c)   That voter registration is voluntary and, if the student  
               declines to register to vote, the fact that he or she  
               declined to register shall only be used for voter  








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               registration purposes and shall not affect his or her class  
               registration; and,

             d)   That if the student chooses to register to vote or  
               update his or her voter registration information, that his  
               or her voter registration information shall be made  
               available to the SOS for voter registration purposes.

          9)Requires CCC or CSU, after providing the required notices to  
            the student as stated above, to ask the student whether he or  
            she would like to register to vote or update his or her voter  
            registration information and whether he or she consents to the  
            use of his or her student records for voter registration  
            purposes.  Requires CCC or CSU, for each student who indicates  
            that he or she would like to register to vote or update his or  
            her voter registration information, and consents to the use of  
            his or her student records for voter registration purposes, to  
            provide the student with a supplemental voter registration  
            form, as defined.

          10)Requires the SOS and each NVRA voter registration agency, as  
            specified, that allows a person to apply online for service or  
            assistance, or to submit a recertification, renewal, or change  
            of address form relating to the service or assistance online,  
            to jointly establish a system under which voter registration  
            information is collected by the agency and electronically  
            transmitted, in a format prescribed by the SOS, to the SOS for  
            the purpose of registering a person to vote or updating a  
            voter's registration information.

          11)Provides that with each online application for service or  
            assistance or submission of a recertification, renewal, or  
            change of address form relating to the service or assistance  
            online, immediately prior to providing an electronic voter  
            preference form, the voter registration agency shall notify  
            the applicant of all of the following:

             a)   The eligibility requirement to register to vote in this  
               state;

             b)   That the applicant has an opportunity to register to  
               vote or update his or her voter registration information;  
               and,

             c)   That voter registration is voluntary and, if the  








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               applicant declines to register to vote, the fact that he or  
               she has declined to register shall only be used for voter  
               registration 
             purposes and shall not otherwise affect the services or  
               assistance provided by the agency.

          12)Provides that if an applicant indicates on his or her  
            electronic voter preference form that he or she would like to  
            register to vote by completing a supplemental voter  
            registration form, the voter registration agency shall do both  
            of the following:

             a)   Notify the applicant that, if he or she chooses to  
               register to vote or update his or her voter registration by  
               completing the form, he or she consents to the agency and  
               the SOS using information contained in his or her agency  
               records for voter registration purposes; and, 

             b)   Provide the applicant with a supplemental voter  
               registration form, as specified.

          13)Requires the DMV, the college or university, or the voter  
            registration agency, not later than one business day after  
            receipt of a completed supplemental voter registration form,  
            to electronically transmit to the SOS both of the following:

             a)   The information collected on the supplemental voter  
               registration form; and,

             b)   Any other information in the applicant's records that is  
               necessary to register the applicant to vote or update the  
               applicant's voter registration, as applicable.

          14)Provides that an applicant's voter registration shall be  
            deemed submitted on the date upon which the DMV, the college  
            or university, or the voter registration agency received the  
            applicant's completed supplemental voter registration form.

          15)Requires the DMV, the college or university, or the voter  
            registration agency to only transmit information to the SOS  
            that is necessary to register a person to vote or update a  
            voter's registration. Provides that if an applicant declines  
            to register to vote, the fact that he or she has declined to  
            register shall be confidential and that information shall not  
            be transmitted to the SOS.








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          16)Requires the DMV, the college or university, and voter  
            registration agency, notwithstanding any other provision of  
            law and immediately after transmitting an applicant's voter  
            registration information to the SOS, to destroy the  
            applicant's completed supplemental voter registration form and  
            any materials containing information specific to the  
            applicant's voter registration that is not otherwise collected  
            by the DMV, the college or university, or voter registration  
            agency for other purposes.

          17)Requires the DMV, each college or university, and each voter  
            registration agency to prepare and submit to the SOS for  
            approval a supplemental voter registration form. Requires the  
            supplemental voter registration form to request voter  
            registration information necessary to register a person to  
            vote or update the person's voter registration.  Prohibits the  
            form from requiring any information to be provided that  
            duplicates information previously provided to the department,  
            college or university, or voter registration agency and  
            available in the records for the voter.

          18)Requires the supplemental voter registration form to do all  
            of the following:

             a)   State the eligibility requirements to register to vote;

             b)   Contain an attestation that the registrant meets each  
               eligibility requirement; and,

             c)   Request all of the following information from the  
               registrant, if the information is not otherwise available  
               in the records for the registrant:

               i)     The registrant's home telephone number;

               ii)    The registrant's email address;

               iii)   The registrant's California driver's license (DL)  
                 number or state-issued identification number;

               iv)    The last four digits of the registrant's social  
                 security number (SSN), if available; 

               v)     If the registrant was previously registered to vote,  








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                 his or her name, address, and county of residence for the  
                 previous registration;

               vi)    The language in which the registrant would like to  
                 receive election-related materials;

               vii)   The registrant's political party preference, if any;

               viii)  The registrant's ethnicity or race, or both,  
                 provided that the registrant may not be denied the  
                 ability to register because he or she declines to state  
                 his or her ethnicity or race;

               ix)    Whether the registrant would like to receive a VBM  
                 ballot in all elections; and,

               x)     Whether the registrant would like to be a poll  
                 worker.

            (d) Request any other information required by state or federal  
            law for voter registration.

          19)Requires the registrant to certify the content of the form as  
            to its truth and correctness, under penalty of perjury, with  
            his or her signature and the date of signing. Provides that if  
            the registrant is unable to write, he or she shall sign with a  
            mark or cross.

          20)Prohibits a registrant from being denied the ability to  
            register to vote because he or she declines to provide any of  
            the information that is not required in order for a person to  
            register to vote.

          21)Requires a paperless voter registration system established in  
            accordance with this bill to be designed to ensure the secure  
            electronic storage of information by, and the secure  
            electronic transmission of information between, the SOS and  
            the DMV, college or university, or voter registration agency.

          22)Requires the SOS to ensure that a person is not registered to  
            vote, or does not have his or her voter registration updated  
            pursuant to this chapter, unless the person has consented to  
            registering or updating his or her voter registration.   
            Provides that if the SOS receives information indicating that  
            a person did not consent to registering to vote or updating  








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            his or her voter registration before the registration or the  
            update to the registration is processed by the SOS, the person  
            shall not be registered to vote or have his or her voter  
            registration updated.  Prohibits a person included in the  
            statewide voter registration database from having his or her  
            name removed from the database solely because the SOS receives  
            information indicating that he or she may not have consented  
            to registering or updating his or her voter registration.

          23)Prohibits the name of the department, college or university,  
            or voter registration agency from which voter registration  
            information is electronically transmitted to the SOS, from  
            being included in the statewide voter registration database.

          24)Prohibits a person from using, sharing, or providing access  
            to the statewide voter registration database for any purpose  
            other than voter registration, election administration, or the  
            enforcement of election laws.

          25)Provides that the fact that a person is not included in the  
            statewide voter registration database, or has declined to  
            supply information for voter registration purposes pursuant to  
            this bill, shall not be disclosed to the public or used for  
            any purpose other than voter registration, election  
            administration, or the enforcement of election laws.

          26)Provides a person's declination to register to vote or to  
            update his or her voter registration shall not affect the  
            amount, type, or quality of service or assistance provided by  
            the DMV, a college or university, or a voter registration  
            agency, as applicable, except with regard to voter  
            registration.

          27)Prohibits a person from using voter registration information  
            collected under this bill for commercial purposes, including  
            for comparison with a commercial list or database.

          28)Requires the SOS to adopt regulations as necessary to  
            implement this bill, including, but not limited to, all of the  
            following:

             a)   Procedures to ensure the reliable electronic  
               transmission and validation of voter registration  
               information;









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             b)   Procedures relating to receipt of duplicate or multiple  
               transmissions of voter registration information pertaining  
               to the same person;

             c)   Procedures to ensure the security and privacy of voter  
               registration information transmitted pursuant to this  
               chapter; and,

             d)   Procedures to ensure that the name of the department,  
               college or university, or voter registration agency that  
               electronically transmitted a voter's registration  
               information to the SOS is not included in the statewide  
               voter registration database.

          29)Requires an entity that electronically transmits voter  
            registration information to the SOS in accordance with this  
            bill to comply with all applicable regulations and guidelines  
            adopted by the SOS. Permits an entity to adopt or establish  
            additional security measures to protect the privacy and  
            security of voter registration information transmitted to the  
            SOS.

          30)Permits the DMV, a college or university, or a voter  
            registration agency to contract with a third party to assist  
            in the transmission of voter registration information to the  
            SOS, provided that the transmission complies with all  
            requirements of the provisions of this bill.

          31)Requires the SOS, on or before January 1 of each year, to  
            submit a report to the Legislature on the effectiveness of  
            this bill. Requires the report to include all of the following  
            information:

             a)   The number of electronic transmissions of voter  
               registration information made from each entity;

             b)   The number of voters registered pursuant to this bill,  
               by entity; and,

             c)   The number of voters in the statewide voter registration  
               database whose voter registration information was updated  
               pursuant to this bill, by entity.

          32)Requires this bill to become operative only if the SOS  
            certifies that the state has a statewide voter registration  








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            database that complies with the requirements of the federal  
            Help America Vote Act of 2002 (HAVA). 

          33)Makes corresponding and technical changes. 

           EXISTING LAW  :

          1)Requires each state to offer voter registration services at  
            motor vehicle agency offices, offices that provide public  
            assistance, offices that provide state-funded programs  
            primarily engaged in providing services to persons with  
            disabilities, Armed Forces recruitment offices, and other  
            state and local offices within the state designated as NVRA  
            voter registration agencies.  

          2)Requires the DMV to provide the opportunity to register to  
            vote to individuals who apply for, renew, or change an address  
            for, a driver's license or personal identification card issued  
            by the DMV.  

          3)Requires a driver's license or identification card application  
            to be used as an application for voter registration, unless  
            the applicant fails to sign the application.  

          4)Requires change of address information received by the DMV to  
            be used for the purpose of updating voter registration  
            records, unless the registrant chooses otherwise.

          5)Requires all NVRA designated voter registration agencies to  
            provide the opportunity to register to vote to persons  
            applying for the agency's assistance or services, seeking  
            recertification or renewal of those services, and changing  
            address for the assistance or services.  

          6)Requires NVRA designated voter registration agencies to  
            distribute voter registration forms and NVRA voter preference  
            forms, assist in filling out the voter registration form,  
            accept and transmit completed voter registration forms to  
            county elections officials, and accept and retain completed  
            preference forms on file for two years. 

           FISCAL EFFECT  :  Unknown.  State-mandated local program: contains  
          reimbursement direction.

           COMMENTS  :   








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           1)Purpose of the Bill  :  According to the author:

               California has fallen behind other states in the adoption  
               of election information technology that can expand voter  
               participation and ensure every vote is counted. 

               In 2010, California had 23.5 million eligible voters, of  
               these:
                     17.2 million were registered to vote.
                     And only 10.5 million voted, which means almost 13  
                 million potential voters chose not to participate. 
                     More people did not vote in California, than the  
                                                total number of voters in Texas and New York combined. 

              Of those that did vote:
                     Over a million reported voter registration problems
                     546,000 voted using provisional ballots - which is  
                 more than the total number of voters in either Delaware  
                 or Vermont or Hawaii.

              How does this compare to other states?
               In February of this year, the Pew Center on the States  
               released the Election Performance Index which measures 17  
               indicators of effective election administration. 
              California ranks 48th, right below West Virginia and just  
            above Alabama and Mississippi. 

               Specifically, the report noted that in 2010 California had:
                     The highest rate of provisional ballots cast in the  
                 nation
                     The highest rate of absentee ballots rejected in the  
                 nation
                     And a high rate of nonvoting due to registration or  
                 absentee ballot problems

               Access to election information can help voters solve  
               problems with their registration.
               However, California voters have a more difficult time  
               accessing election information compared to other states. In  
               18 states voters are able to go to their state website and  
               check their:
                     registration status 
                     location of their polling place
                     specific ballot information 








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                     and the status of their absentee and provisional  
                 ballots.

               39 states offer at least 2 of these tools, California  
               offers none of them. We have the opportunity to change  
               that. The vendor for VoteCal, the future statewide voter  
               registration database, is required to allow these tools to  
               be possible, but that does not guarantee they will be used.  
               SB 361 will create a central site on the Secretary of  
               State's website where voters can access these important  
               information tools.

               California can also increase the accuracy and efficiency of  
               voter registration at Motor Voter agencies by implementing  
               paperless voter registration. SB 361 would create a  
               paperless gathering and transfer of voter registration  
               information from voter to the Motor Voter agency to the  
               Secretary of State and to the counties. A paperless system  
               that allows for the electronic transmission of voter  
               registration applications to election officials and to the  
               statewide registration database reduces both data entry  
               costs and the costs associated with clerical errors.  
               Paperless registration in Arizona has reduced voter  
               registration costs to three cents per application from 83  
               cents for paper applications.

               SB 361 will increase voter registration and maintain more  
               accurate records by allowing California to share public  
               voter registration information with other states. Every  
               year, nearly 900,000 citizens move in and out of California  
               to and from other states. SB 361 authorizes the Secretary  
               of State to share voter registration information that is  
               public, with other Secretaries of State in order to  
               identify voters who have left California or who have moved  
               in. Colorado, Delaware, Maryland, Nevada, Utah, Virginia,  
               and Washington already share voter registration information  
               with each other through the Election Registration  
               Information Center, known as ERIC.

               SB 361 will increase voter registration, create  
               efficiencies, and improve the accuracy of voter records by  
               implementing modern technologies and processes that have  
               been successfully put to use in other states. 

           1)Paperless Voter Registration Requirements and Other States  :   








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            This bill requires the SOS to jointly establish paperless  
            voter registration systems with the DMV, community colleges  
            and CSUs, as specified, and NVRA voter registration agencies,  
            as specified, under which voter registration information is  
            collected and electronically transmitted to the SOS for the  
            purpose of registering a person to vote or updating a voter's  
            registration information.  

          According to the Brennan Center's 2010 report entitled, "Voter  
            Registration in a Digital Age," seven states - Arizona,  
            Delaware, Florida, Kansas, Pennsylvania, Rhode Island, and  
            Washington - currently have fully automated or paperless voter  
            registration systems with their motor vehicle agencies.  The  
            report defines automated voter registration as one in which  
            the government offices, including DMV or social service  
            offices, collect and transfer voter registrations to elections  
            officials without using separate paper forms.  According to  
            the report, these offices enter registration data into their  
            computers and transfer them electronically in a format that  
            the elections official can securely review and upload directly  
            into their voter registration database systems.  

          Additionally, the report states that at least ten states -  
            Arkansas, California, Georgia, Kentucky, Michigan, New Jersey,  
            North Carolina, South Carolina, South Dakota and Texas - have  
            DMV registrations that are partially automated.  And officials  
            transmit at least some information electronically, but have  
            not completely eliminated separate forms or local data entry.   


          According to the report, others states with paperless voter  
            registration systems have had some positive results which  
            include a more cost-effective voter registration process,  
            potential costs savings due to more accurate and reliable  
            voter registration information, and increased voter  
            registration rates.  

           2)National Voter Registration Act  :  The NVRA was enacted by  
            Congress in 1993 and took effect in 1995. Also known as the  
            "Motor Voter Act," the enactment of the NVRA was intended to  
            enhance and increase voting opportunities for eligible voters  
            to register to vote and maintain their registration.  In  
            addition to other methods of voter registration states offer,  
            the NVRA requires states to provide the opportunity to apply  
            to register to vote for federal elections through various  








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            methods.  Section 5 of the NVRA requires states to offer voter  
            registration opportunities at motor vehicle agencies.  Section  
            6 of the NVRA requires states to provide voter registration  
            opportunities by mail-in application.  Finally, Section 7 of  
            the NVRA requires states to offer voter registration  
            opportunities at all offices that provide public assistance or  
            state-funded programs primarily engaged in providing services  
            to persons with disabilities.  Armed Forces recruitment  
            offices must also provide voter registration services.   
            Moreover, Section 7 of the NVRA requires a state to designate  
            other offices within the state as voter registration agencies.  
             According to the US Department of Justice (DOJ) NVRA  
            guidelines, a state is free to determine which other agencies  
            or offices should be designated, according to its needs and  
            preferences, but it must make additional designations.  In  
            California, the following state and local offices are NVRA  
            voter registration agencies:

                 DMV

                 Public assistance agencies (including County Human  
               Service Agencies)
                  o         County offices which accept applications and  
                    administer benefits for CalFresh, formerly known as  
                    Food Stamps, and the California Work Opportunity and  
                    Responsibility to Kids (CalWORKS);
                  o         County offices which accept applications and  
                    administer benefits for the Medi-Cal program; and,
                  o         Community-based nonprofit organizations under  
                    contract with the Department of Public Health to  
                    administer the Women, Infants, and Children (WIC)  
                    program;

                 State-funded agencies primarily serving persons with  
               disabilities
                  o         Department of Rehabilitation offices offering  
                    vocational rehabilitation services;
                  o         Independent Living Centers;
                  o         Department of Developmental Services Regional  
                    Centers;
                  o         Offices under contract with the Department of  
                    Social Services, Office of Deaf Access to provide  
                    services to the deaf; and,
                  o         State and county mental health providers;









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                 Armed Forces Recruitment offices

                 Other agencies designated by the state under the NVRA
                  o         Franchise Tax Board offices offering forms,  
                    instruction, and assistance to the public for income  
                    tax and the Homeowners and Renters Assistance program;  
                    and, 
                  o         Board of Equalization offices serving the  
                    public.

            As mentioned above, this bill requires designated NVRA voter  
            registration agencies that allow a person to apply online for  
            services or assistance to establish a system in which voter  
            registration is collected by the agency and electronically  
            transmitted to the SOS.  

            This bill makes substantial changes by requiring certain NVRA  
            agencies to interface directly with the SOS and electronically  
            transmit voter registration information.  This requirement  
            will be significant as there are over 600 NVRA designated  
            agencies that could be required to transmit voter registration  
            information electronically to the SOS if they offer online  
            services or assistance. 

           1)Voter Access to Registration Information  :  According to the  
            author's statement, one of the goals of this bill is to  
            increase a voter's access to their voter registration so they  
            have the ability to update their information and resolve any  
            issues regarding their registration.  In doing so, this bill  
            requires the SOS to provide tools on his or her Internet Web  
            site that allow a voter to check the status of his or her  
            registration information, find the location of his or her  
            polling place, determine whether his or her VBM or provisional  
            ballot was counted and if not, the reason the ballot was  
            rejected, and opt out of receiving a statewide voter pamphlet  
            by mail.  In addition, this bill requires this information to  
            be accessible to persons with disabilities and available in  
            all languages required by federal law.  Furthermore, this bill  
            requires the SOS to adopt regulations to ensure the security  
            and privacy of the information provided.  As mentioned in the  
            author's statement, these are all features that will be  
            included in VoteCal, the new statewide voter registration  
            database.  VoteCal is currently in procurement and is expected  
            to be fully deployed in 2016.  The provisions of this bill are  
            contingent upon the implementation of VoteCal.  








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           2)Election Registration Information Center (ERIC)  :  The  
            Electronic Registration Information Center, also known as  
            ERIC, is a non-profit organization with the sole mission of  
            assisting states to improve the accuracy of America's voter  
            rolls and increase access to voter registration for all  
            eligible citizens.  ERIC is governed by states who choose to  
            join, and was formed in 2013 with the assistance of The PEW  
            Charitable Trust.  According to representatives of PEW, there  
            are seven states (Colorado, Delaware, Maryland, Nevada, Utah,  
            Virginia, and Washington) that are participating in ERIC.

          According to background information, the ERIC data center allows  
            states to securely and safely compare voter data, thereby  
            improving the accuracy of the voter rolls. States that choose  
            to participate in ERIC are able to compare information on  
            eligible voters from official data sources submitted by the  
            states.  Materials further state that ERIC has safeguards in  
            place that anonymizes sensitive identifying data by converting  
            it into indecipherable characters that is unreadable and  
            unusable to potential hackers, such as "one-way hashing."  
            According to a representative of PEW, these records go through  
            a data-matching exchange that cross checks the information  
            with other data sources such as the National Change of Address  
            data from the Postal Service, as well as other existing  
            government databases, such as death records from the Social  
            Security Administration.  ERIC then reports back to the states  
            where there is a highly confident match indicating a voter  
            moved or died, or the existence of a duplicate record.  States  
            can then begin the process under federal and state law to  
            clean up the voter rolls.  Participating states also receive  
            information on unregistered individuals who are potentially  
            eligible to vote. This information will allow them to reach  
            out to those citizens to encourage them to register to vote.  

          This bill permits the SOS to enter into agreements with other  
            states to share and receive information or data pertaining to  
            voters who have permanently moved to other states.  In  
            addition, the bill prohibits the SOS from sharing voter  
            information if that voter information is deemed to be  
            confidential.  These provisions of the bill are not limited to  
            participation in ERIC.  Consequently, irrespective of any  
            security protections that have been put into in place at ERIC,  
            this bill would allow the SOS to share voter registration  
            information even absent those protections.   In addition, this  








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            bill gives the SOS the sole discretion to decide if the state  
            of California should enter into agreements with other states  
            and share information and data pertaining to voters who have  
            permanently moved to other states.  The committee may wish to  
            consider whether designating this discretion to an  
            independently elected constitutional officer is prudent.  

            The bill can be interpreted to give the SOS sole discretion to  
            decide whether or not to share the information that has been  
            previously considered confidential, including voters' DL and  
            SSN numbers.  

            According to ERIC's bylaws, a state participating in ERIC is  
            required to share their voter registration files and their DMV  
            records.  In addition, the bylaws state that voter  
            registration and motor vehicle data fields to be submitted to  
            ERIC by each participating jurisdiction include the following  
            if available: all name fields, all address fields, DL or state  
            identification number, last four digits of SSN, date of birth,  
            affirmative documentation of citizenship, the title/type of  
            affirmative documentation of citizenship presented, phone  
            number, and email addresses or other electronic contact  
            method.  The majority of California's DMV records contain  
            information that is expressly prohibited from being disclosed,  
            such as an individual's DL number and SSN.   According to a  
            representative from PEW, in order to participate, ERIC would  
            require California to share personal identifying information  
            such as a voter's DL, SSN, and DOB, two of which are currently  
            prohibited by law from being disclosed.  

            Furthermore, the bill does not contain any requirements for  
            the SOS to inform a voter that their personal voter  
            registration information is being shared, nor does the bill  
            require a voter to consent to their information being shared.   
            The committee may wish to consider whether this policy change  
            will set a new precedent that allows a voter's personal  
            information to be shared without their consent. 

           3)Related Legislation  :  SB 589 (Hill), which is pending on the  
            Assembly Floor, requires county elections officials to  
            establish a free access system that allows a VBM voter to find  
            out whether his or her ballot was counted, and if not, the  
            reason why it was not counted.  SB 589 (Hill) passed out of  
            this committee on a 6-0 vote.









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          AB 1122 (Levine), would have required the DMV, in coordination  
            with the SOS, to the extent the State's Plan for  
            implementation of the NVRA is inconsistent with the NVRA, to  
            take additional steps to fully implement and further comply  
            with the NVRA.  AB 1122 was held on the Assembly  
            Appropriations Committee's suspense file. 

           4)Previous Legislation  :  SB 35 (Padilla), Chapter 505, Statutes  
            of 2012, added the California Health Benefit Exchange to the  
            list of public assistance agencies required by the NVRA to  
            provide voter registration opportunities and codified various  
            other provisions of the NVRA.

           
















          REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          American Civil Liberties Union (if amended)
          California Common Cause
          CALPIRG
          California State Council of the Service Employees International  
          Union
          National Association of Latino Elected and Appointed Officials  
          Educational Fund
          National Council of Jewish Women Los Angeles
          PowerPAC.Org
          Rock the Vote
           








                                                                 SB 361
                                                                  Page  19

            Opposition 
           
          None on file.
           
          Analysis Prepared by  :    Nichole Becker / E. & R. / (916)  
          319-2094