BILL ANALYSIS Ó
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Date of Hearing: April 29, 2015
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Sebastian Ridley-Thomas, Chair
ACA
2 (Mullin) - As Introduced February 24, 2015
SUBJECT: Elections: voting age.
SUMMARY: Allows a person who is 17 years of age, and who will
be 18 years old at the time of the next general election, to
vote in any intervening primary or special election that occurs
before the next general election.
EXISTING LAW:
1)Permits a person who is a United States (U.S.) citizen, a
resident of California, not in prison or on parole for the
conviction of a felony, and is at least 18 years of age at the
time of the next election to register to vote in any local,
state, or federal election.
2)Allows a person who is at least 16 years old and otherwise
meets all voter eligibility requirements to register to vote.
Provides that the registration will be deemed effective as
soon as the affiant is 18 years old at the time of the next
election. Provides this option will be operative when the
Secretary of State (SOS) certifies that the state has a
statewide voter registration database that complies with
specified provisions of federal law.
FISCAL EFFECT: Unknown
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COMMENTS:
1)Purpose of the Constitutional Amendment: According to the
author:
California has one of the lowest voter turnout rates in the
nation, and young voters in California have the lowest turnout
rate of any age demographic. For most young adults, their first
contact with the political process is in high school through the
mandated government class during their senior year or through
volunteering on campaigns for community service credit. This is
the time to give them ownership in the process by getting them
to vote in primaries while they still have a connection to their
school and community. Additionally, studies show that voting is
habit forming, meaning that a person's first experience with
voting is crucial, as it could affect a person's future voting
habits.
This amendment would bring California up to date with the nearly
20 other states (Alaska, Connecticut, Hawaii, Illinois, Indiana,
Iowa, Kansas, Kentucky, Maine, Maryland, Mississippi, Nebraska,
Nevada, North Dakota, Ohio, Oregon, Virginia, Vermont, and
Washington) that permit any citizen who turns 18 by the date of
the general election to vote in interceding primaries or
caucuses.
2)Other States: The 26th Amendment to the U.S. Constitution
prevents states from "denying" suffrage to 18-year-olds, but
does not prevent states from establishing a lower voting age.
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As stated above, there are 19 states that permit 17-year olds
to vote in the primary elections or caucuses if the voter will
turn 18 before the general election.
According to the National Conference of State Legislatures
(NCSL), in an effort to increase youth engagement in state and
local elections, 22 U.S. states allow young people to pre-
register to vote sometime before they reach the voting age of
18, provided that they will turn 18 by the next general
election. In Hawaii and Rhode Island, it is not necessary
that they turn 18 by the next general election. States with
pre-registration include: Alaska, California, Colorado,
District of Columbia, Delaware, Florida, Georgia, Hawaii,
Iowa, Kansas, Louisiana, Maine, Maryland, Minnesota, Missouri,
Nebraska, Nevada, Oregon, Rhode Island, Texas, West Virginia
and Wyoming.
Furthermore, Takoma Park, Maryland became the first place in
the U.S. to lower its voting age to 16, for municipal
elections and referendums.
3)Arguments in Support: FairVote writes in support:
Currently, 17 year old California residents who will be 18 by
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the time of a general election cannot vote in the primary
associated with that election. Unfortunately, this prevents
voters who can cast a vote in a general election from having a
say in who will be on the general election ballot. FairVote
supports allowing 17-year old residents to vote in primary
elections foremost because it is the fair and sensible thing to
do. These voters deserve an opportunity to help decide which
candidates are on the ballot in the upcoming general elections.
Furthermore, 17-year old primary voting is good policy because
of its positive impact on turnout - especially among young
voters, who currently vote at the lowest rates. Only 25.1
percent of California voters participated in 2014 primary
elections, and a meager 5.2 percent of 18-year olds cast a vote
in the corresponding general elections last November. Research
shows, however that the earlier in life one casts a vote - even
by a few months - the more likely they are to form a lifelong
habit of voting. This has played out in states that have
adopted the policy. In 2013, Illinois joined nearly 20 states
in allowing 17-year olds to vote in primary elections. In the
2014 Chicago primaries, 17-and 18-year-olds turned out at higher
rates than voters in their 20s, 30s, and 40s.
Allowing 17-year olds to vote in primary elections is a common
sense policy that prepares young voters for the voting
experience and engages them in the democratic process before
casting a vote in general elections. FairVote encourages the
California State Assembly to put voters first and pass ACA 2 to
achieve more fair and representative primary elections and
increase turnout among young voters.
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4)Related Legislation: AB 554 (Mullin), which is pending in this
committee, would authorize an elections official to appoint a
pupil who is a lawful permanent United States resident to
serve as a precinct board member.
5)Previous Legislation: AB 30 (Price), Chapter 364, Statutes of
2009, allows a person who is 17 years of age to pre-register
to vote, provided he or she would otherwise meet all
eligibility requirements. SB 113 (Jackson), Chapter 619,
Statutes of 2014, expands pre-registration by authorizing a
16-year-old to pre-register to vote once pre-registration is
in effect, provided he or she meets all other eligibility
requirements.
ACA 7 (Mullin) of 2013, was substantially similar to this
measure but was held in the Assembly Appropriations Committee.
ACA 2 (Furutani) of 2009, was substantially similar to this
measure. No vote was taken on the Assembly Floor and the
measure died on the Inactive File.
ACA 17 (Mullin) of 2005 and ACA 25 (Mullin) of 2004, were both
substantially similar to this measure. ACA 17 was approved by
this committee and the Assembly Appropriations Committee, but
no vote was taken on the Assembly Floor and the measure died
on the Inactive File. ACA 25 was approved by this committee
and the Assembly Appropriations Committee, but failed passage
on the Assembly Floor.
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6)Approval by Voters: As a constitutional amendment, this
measure requires the approval of the voters to take effect.
Legislation making statutory changes necessary to implement
this measure would also be required.
REGISTERED SUPPORT / OPPOSITION:
Support
California Federation of Teachers
Californians for Electoral Reform
FairVote
Opposition
None on file.
Analysis Prepared
by: Lori Barber / E. & R. / (916) 319-2094
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