BILL ANALYSIS Ó AB 786 Page 1 Date of Hearing: May 20, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair AB 786 (Levine) - As Amended April 21, 2015 ----------------------------------------------------------------- |Policy |Elections and Redistricting |Vote:|5 - 1 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | |Transportation | |12 - 3 | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: NoReimbursable: No SUMMARY: This bill: 1)Requires the DMV, to the extent the state's implementation AB 786 Page 2 plan for the National Voter Registration Act (NVRA) of 1993 is inconsistent with federal law, to coordinate with the Secretary of State (SOS) to take additional steps to fully implement and further comply with NVRA. (This would require the DMV to use information on a driver's license (DL) application directly for voter registration rather than requiring a separate voter registration card (VRC) to be completed by the applicant.) 2)Requires the DMV, until July 1, 2016, if requested by a registered voter, to notify county elections officials in both counties when a voter moves from one county to another. FISCAL EFFECT: One-time cost of $2.35 million General Fund to the DMV ($1.25 million) and SOS ($1.1 million). This cost is based on a recently-released budget proposal in the Governor's May revision to provide software/hardware upgrades to the DMV's in-person DL application process and online DL renewal process and for related updates to the SOS's voter registration systems. The proposal does not require separate legislation. COMMENTS: 1)NVRA Background. Also known as the "Motor Voter Act," enactment of the NVRA in 1993 was intended to enhance and increase voting opportunities for eligible voters to register to vote and maintain their registration. The NVRA requires states to provide persons the opportunity to apply to register to vote for federal elections through various methods, including requiring voter registration opportunities at motor vehicle agencies. Several states failed to take the steps necessary to comply AB 786 Page 3 with the law and several also challenged the constitutionality of the federal mandate. In 1994, Governor Pete Wilson signed an executive order directing state and local agencies to implement the NVRA only to the extent that federal funding was provided. Three separate lawsuits concerning California's implementation of the NVRA were filed in federal court, and the courts found the NVRA constitutional, despite the lack of federal funding provided to states. The courts also ruled that California was obligated to implement the NVRA and ordered the state to submit an implementation plan to the court for review to ensure conformity of the law's requirements. DMV's Process. DMV's implementation of NVRA provides every person who applies for or renews a driver's license or identification card, or submits a change of address form, with 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 voter registration records. When voters move to a new county, the DMV instructs them to complete a new VRC. DMV accepts completed VRCs and forwards them to the SOS or the county where the voter lives. This process does not comply with the federal NVRA, which generally prohibits an individual who wants to register to vote to be required to provide any information that duplicates information already required on the driver's license form. Nevertheless, the federal court reviewed and approved the state's implementation plan, and according to the SOS, the state's current provisional voting laws meet NVRA requirements. Earlier this year, a letter was sent to the SOS from ACLU Foundation of San Diego and Imperial Counties, Dmos, Morrison & Forester LLP, and Project Vote stating that California is engaging in continuous and ongoing violations of Section 5 of AB 786 Page 4 the NVRA. The letter also stated that it constituted a formal notice of their intent to initiate litigation at the end of the statutory 90-day waiting period should California fail to remedy the violations of Section 5 of the NVRA, as specified. 2)Purpose. The author argues that DMV should become in full compliance with NVRA, which he asserts will ease the voter registration process. According to the author, this bill also addresses reports indicating that voters are being removed from the rolls against their will when they move from one county to another. These voters rely on DMV to process their voter registration change of address. However, DMV and the county elections offices fail to process the change of address in a timely manner. 3)Related Legislation. AB 1461 (Gonzalez), also on today's committee agenda, requires the SOS to use records from the DMV to automatically register to vote those individuals who are eligible. 4)Prior Legislation. AB 1122 (Levine) of 2013, which was similar to this bill, was held on this committee's Suspense file. Analysis Prepared by:Chuck Nicol / APPR. / (916) 319-2081