BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  April 27, 2015 


                        ASSEMBLY COMMITTEE ON TRANSPORTATION


                                 Jim Frazier, Chair


          AB 786  
          (Levine) - As Amended April 21, 2015


          SUBJECT:  National Voter Registration Act of 1993


           SUMMARY:  Makes changes to current law to ensure compliance  
          with the federal National Voter Registration Act of 1993 (Motor  
          Voter Act), as specified.  Specifically, this bill:  


          1)Requires the Department of Motor Vehicles (DMV), in  
            coordination with the Secretary of State (SOS), to make the  
            state's Implementation Plan of the Motor Voter Act consistent  
            with Motor Voter Act requirements related to simultaneous  
            applications for a voter registration and a motor vehicle  
            license.



          2)Requires DMV, if requested to do so by a registered voter, to  
            notify county elections officials of both counties when a  
            voter moves from one county to another.
                                                         


          EXISTING LAW:  










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          1)Requires each state to offer voter registration services at  
            motor vehicle agency offices as well as provide public  
            assistance offices, 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 designated as Motor Voter  
            Act 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 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)Provides that a person may not be registered to vote except by  
            affidavit of registration.

          FISCAL EFFECT:  AB 786 is similar to AB 1122 (Levine) of 2013.   
          The Assembly Appropriations Committee analysis indicated that AB  
          1122 would result in one-time costs to DMV in the range of  
          $500,000 to redesign forms and that costs to design an  
          alternative process to electronically transfer information would  
          be substantially higher.





          COMMENTS:  The federal Motor Voter Act, signed into law in 1993,  
          was intended to make it easier for Americans to register to vote  
          when they apply for a driver's license.  According to the  
          author, however, California has yet to come into compliance with  








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          this federal law.  Specifically, the author points out that the  
          Motor Voter Act requires that DMV offices to allow motorists to  
          register to vote when they apply for a driver's license and  
          requires DMV to update voting records when motorists change  
          addresses.  The author points out that currently DMV implements  
          only part of the Motor Voter requirement, by requiring the  
          motorist to completely fill out the entire voter registration  
          form.  This is contrary to the Motor Voter Act that requires  
          applicant's registration form to be automatically filled in  
          except for the signature.  Once voter registration is completed,  
          the author contends that DMV fails to adequately update voter  
          registration records, as required by the Motor Voter Act, when a  
          motorist makes a change of address.  The author points to very  
          low voter registration rates in California as evidence that DMV  
          should come into compliance with federal Motor Voter Act  
          requirements.



          To address this issue, the author has introduced AB 786 which  
          requires DMV to come into compliance with the Motor Voter Act  
          requirements in general and specifically with provision of  
          federal law that require:  1) that a completed driver's license  
          application shall also serve as a voter registration, unless the  
          applicant fails to sign the voter registration application; 2)  
          that any change of address submitted to the DMV for the purposes  
          of a driver's license must also serve as notification of change  
          of address for voter registration; and 3) that the completed  
          forms for voter registration that are turned into the DMV be  
          transmitted to the state elections official not later than 10  
          days after acceptance.  Additionally, the bill also specifies  
          that when a registered voter requests that DMV make a voter  
          registration change of address from one county to another, the  
          DMV must notify the county elections officer in both counties.


          When the Motor Voter Act took effect in 1995, California, along  
          with other states challenged the constitutionality of the  
          federal mandate and three separate lawsuits concerning  








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          California's implementation of the Motor Voter Act were filed in  
          federal court.  The court found that the Motor Voter Act was  
          constitutional, despite the lack of federal funding provided to  
          states, and ruled that California was obligated to implement the  
          Motor Voter Act.  California submitted to the court an  
          implementation plan to ensure conformity with Motor Voter Act  
          requirements. 


          Despite the Motor Voter Act's clear requirements, the state's  
          court-approved implementation plan instead called for a two-page  
          application - one page for the driver's license application and  
          one page for the voter registration form.  The rationale for  
          this two-page plan was cost, as the Motor Voter Act did not  
          provide states with any direct funding or any mechanism for  
          reimbursement of the costs associated with its implementation.   
          According to DMV, the cost to create a single, computer  
          generated form to serve as both a driver's license and voter  
          registration application would have been significant.  On August  
          12, 1994, then Governor Pete Wilson signed Executive Order  
          W-98-94 directing state and local agencies to implement the  
          Motor Voter Act only to the extent that federal funding was  
          provided.  


          According to the SOS's 2011 Motor Voter Act handbook, every  
          person who visits a DMV office to apply for or renew a driver's  
          license or identification card or to change an address receives  
          a voter registration card (VRC).  Every person who receives a  
          driver's license or identification renewal form by mail also  
          receives a VRC.  The VRC can be used to register to vote or to  
          re-register after a change in name, address, or party  
          preference.  When voters update their address with a DMV office,  
          the new address is sent electronically to the SOS's statewide  
          voter registration database, which then shares the information  
          with county elections officials who update local voter  
          registration records.  When voters move to a new county, DMV  
          instructs them to complete a new VRC to initiate the change of  
          address process.  To expedite this, DMV accepts completed VRCs  








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          and forwards them to the SOS or the county election officials.



          The Motor Voter Act permits a county elections official to  
          cancel the prior registration of a voter who has moved to a  
          different county after it attempts to confirm the voter's change  
          of address.  In addition, existing law permits cancellation if  
          the change-of-address notice comes from the DMV or another  
          designated agency (typically SOC) or if the voter initiates the  
          request.  Moreover, state law permits a county elections  
          official to cancel the prior voter registration of a voter who  
          verifies in writing that he or she has moved to a different  
          county.   

          According to SOS's Motor Voter Handbook, the DMV is required to  
          collect and transmit electronic change-of-address data to  
          elections officials on a daily basis, which allows for automatic  
          change-of-address updates for many voters.  The SOS then  
          transmits the information to local county elections officials.   
          The county elections official, however, may not automatically  
          update the addresses of voters who move from one county to  
          another because current law requires voters who move to a new  
          county to re-register to vote by completing and signing a new  
          VRC.  AB 786 requires DMV to notify elections officials of both  
          counties (the county the applicant moved from and the county the  
          applicant is moving to) when the voter requests the DMV to make  
          a voter registration change of address. 





          According to the SOS, VoteCal, the federally required statewide  
          voter database, should resolve this process because under  
          VoteCal a voter will have a single voter file that will follow  
          them when they move, between and within counties.  When a voter  
          moves from one county to another, the voter record will be  
          maintained at the original address (in the originating county)  








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          until the record is updated.  If there is a match between a  
          change of address transaction and an existing voter record,  
          VoteCal will automatically update the existing voter  
          registration record with the new data.  VoteCal is currently  
          scheduled to be fully operational in June 2016.  



          Double referral: This bill passed out of the Assembly Elections  
          and Redistricting Committee on April 15, 2015 with a 5-1 vote. 


          Related legislation:  AB 1461 (Gonzalez), requires the SOS to  
          use records from the DMV to automatically register to vote those  
          individuals who are eligible, as specified.  AB 1461 is  
          scheduled to be heard in this committee on April 27, 2015.


          Previous legislation: AB 1122 (Levine) of 2013, which was  
          substantially similar to this bill, was held in the Assembly  
          Appropriations Committee on the suspense file.  



          REGISTERED SUPPORT / OPPOSITION:


          Support


          None on file




          Opposition


          None on file








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          Analysis Prepared by:Victoria Alvarez / TRANS. / (916) 319-2093