BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON
          ELECTIONS AND CONSTITUTIONAL AMENDMENTS
                              Senator Ben Allen, Chair
                                2015 - 2016  Regular 

          Bill No:             AB 1020        Hearing Date:    7/7/15    
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          |Author:    |Ridley-Thomas                                        |
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          |Version:   |7/1/15                                               |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|Darren Chesin                                        |
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                       Subject:  Elections: voter registration

           DIGEST
           
          This bill updates key Elections Code statutes and deletes  
          obsolete provisions in anticipation of the deployment of the  
          federally mandated VoteCal statewide voter registration  
          database.

           ANALYSIS
           
           Existing law  :

          1)Requires, pursuant to the federal Help America Vote Act (HAVA)  
            of 2002, every state to implement a computerized statewide  
            voter registration list defined, maintained, and administered  
            at the state level.  

          2)Provides that a person is entitled to register to vote if he  
            or she is a United States citizen, a resident of California,  
            not in prison or on parole for the conviction of a felony, and  
            at least 18 years of age at the time of the next registration.

          3)Authorizes county elections officials, under specified  
            circumstances and in order to promote and encourage voter  
            registrations, to deputize as registrars qualified citizens to  
            register voters anywhere within the county.

          4)Sets forth the deadlines by which county elections officials  
            must accept affidavits of registration which is generally at  







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            all times except during the 14 days immediately preceding an  
            election except under forthcoming provisions permitting  
            "conditional" registration of voters in conjunction with  
            provisional voting after this deadline up to and including  
            Election Day.

          5)Specifies that conditional voter registration as described  
            above becomes operative on January 1 of the year following the  
            year in which the Secretary of State (SOS) certifies that the  
            state has a statewide voter registration database that  
            complies with the requirements of the federal Help America  
            Vote Act of 2002.  It is anticipated that this statewide voter  
            database will become operative in 2016, therefore conditional  
            voter registration will commence in 2017.

          6)Permits specified voters to apply for and receive confidential  
            voter status.

          7)Provides that a person who obtains signatures or other  
            information collected for an initiative, referendum, or recall  
            petition shall not send that information outside of the United  
            States or make it available in any way electronically to  
            persons outside the United States, including, but not limited  
            to, access over the Internet.

           This bill  : 

          1)Updates numerous sections of the Elections Code and deletes  
            numerous obsolete sections in anticipation of the deployment  
            of the federally mandated VoteCal statewide voter registration  
            database.

          2)Provides that a person is entitled to  preregister  to vote in  
            an election if, among other things, that person is at least 16  
            years of age but is not eligible to vote until he or she is 18  
            years of age and makes other conforming changes related  
            thereto.

          3)Deletes references in the code to deputy registrars of voters  
            and makes conforming changes to related provisions of law.

          4)Deletes various existing provisions of law regarding the  
            timing of acceptance of affidavits of registration and  
            consolidate these and other related code sections into a  








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            single section that consolidates deadlines for voter  
            registration, re-registration, and updating of registrations  
            that also reflects anticipation of the start of conditional  
            voter registration.

          5)Makes corresponding changes to the process whereby specified  
            voters may apply for and receive confidential voter status in  
            anticipation of VoteCal.

          6)Additionally provides that a person who obtains signatures or  
            other information collected for a political party  
            qualification petition shall not send that information outside  
            of the United States or make it available in any way  
            electronically to persons outside the United States,  
            including, but not limited to, access over the Internet.

          7)Corrects incorrect cross-references and deletes numerous  
            obsolete provisions of law.

          8)Becomes operative only if the SOS certifies that the state has  
            a statewide voter registration database that complies with the  
            federal Help America Vote Act of 2002.(HAVA) 

           BACKGROUND
           
           VoteCal  .  HAVA requires every state to implement a computerized  
          statewide voter registration list defined, maintained, and  
          administered at the state level.  At the time HAVA was approved,  
          California was already using a statewide voter registration  
          system, known as Calvoter, which achieved some of the goals of  
          the voter registration list required by HAVA.  However, Calvoter  
          did not satisfy all of the requirements in that law, including  
          requirements that the database be fully interactive and have the  
          capability of storing a complete voter registration history for  
          every voter.  

          In order to meet the statewide voter registration requirements  
          outlined in HAVA, California made upgrades to the Calvoter  
          system to achieve interim compliance while the state developed a  
          new permanent statewide voter registration system.  The new  
          system, which is currently in development, is known as VoteCal.   
          The VoteCal system is currently on track for full implementation  
          in 2016.









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          VoteCal will include a number of new key features and upgrades  
          from the Calvoter system, including the following:

             1)   A Publicly Available Website.  VoteCal will provide  
               improved service to the voters of California through a  
               publicly available statewide customer service website.  At  
               the website, voters will be able to apply to register to  
               vote or update their existing voter registration record.   
               Voters will also be able to review information in their  
               voter record, including: their precinct and polling place;  
               political party preference; eligibility to vote in an  
               upcoming election; and, status as a permanent vote-by-mail  
               or one-time mail ballot voter.

             In addition, voters using the public VoteCal website will be  
               in a better position to take advantage of many lesser known  
               election tools and services already on the books.  They  
               will be able to opt in or out of receiving physical copies  
               of the Voter Information Guide and County Sample Ballots,  
               and may instead request to receive the documents  
               electronically.  A voter will also be able to retrieve  
               information from the new website about whether their  
               vote-by-mail or provisional ballot is counted and, if it  
               was not, the reason why it was not counted.

             2)   A Complete Index of Voter Registration Records.  The  
               most discussed portion of VoteCal is the statewide  
               database, as required under HAVA, that the SOS and county  
               elections officials will collectively use to manage the  
               voter information for all Californians.  VoteCal will store  
               and maintain voter registration information for the voters  
               of California in the 58 counties.  Moreover, VoteCal will  
               allow county elections officials to research a voter's  
               registration, voter activity and voter participation  
               history, store voter affidavit and signature images, and  
               much more.

             3)   A Single Place for List Maintenance Functions.  VoteCal  
               offers much needed utility to state and local elections  
               officials.  As a central source for list maintenance  
               functions, VoteCal ensures the voter registration list is  
               up-to-date and accurate.  As part of list maintenance,  
               VoteCal is designed to check for duplicate registrations,  
               check registration records to ensure voters have not been  








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               convicted of a crime that would preclude them from voting,  
               check for deceased voters, and accommodate immediate  
               updates of voter registration data in a central system as  
               it is entered by the counties.

             4)   Local Elections Official Assistance.  VoteCal will work  
               with county Election Management Systems (EMS) to help  
               county elections officials set up and track their  
               elections.  VoteCal will be used to set up statewide  
               elections, and VoteCal will interact with the county EMS to  
               track election information such as a voter's districts and  
               precincts and their political party preference.  VoteCal  
               will also allow voters to opt in or out of receiving the  
               voter information guide and the county sample ballot.

          This bill incorporates multiple federal VoteCal requirements  
          into voter registration and other related statutes by revising  
          and repealing relevant Elections Code sections as necessary.   
          These provisions were developed through collaboration between  
          the SOS and county elections officials in an ongoing process to  
          identify statutory changes in preparation for implementing  
          VoteCal, including the following:

          1)Streamlining voter registration updates and voter file  
            maintenance, so that voters' registrations are seamlessly  
            updated using the real-time efficiencies of VoteCal.

          2)Eliminating outdated references and procedures, including  
            references to deputy registrars of voters and to  
            technology-specific references to obsolete registration  
            systems, and requirements to maintain multiple paper copies of  
            registration records. 

          3)Codifying language necessary to prescribe the new VoteCal  
            system and procedures, including clarifying the roles of state  
            and county elections officials.

          4)Improving clarity in existing law by repealing code sections  
            that are no longer used under the current system and  
            irrelevant to VoteCal.

          5)Consolidating obsolete voter registration management statutes  
            into fewer, more specific code sections.









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          6)Ensure the continued protection for confidential voters and  
            their personal information.

           COMMENTS
           
           1)According to the author  :  California is in the process of  
            developing a new statewide voter registration system in order  
            to fully comply with requirements in federal law.  The new  
            system, which is known as VoteCal, is currently on track for  
            full implementation in 2016.  While California must develop a  
            statewide voter database pursuant to federal law, multiple  
            state statutes must be changed to conform to federal  
            requirements.

          AB 1020 will ensure that the federally mandated VoteCal  
            statewide voter registration database can be implemented  
            effectively by updating key Elections Code statutes and  
            deleting obsolete provisions.

           PRIOR ACTION
           
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          |Assembly Floor:                       |74 - 0                     |
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          |Assembly Elections and Redistricting  |  7 - 0                    |
          |Committee:                            |                           |
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           Note: This bill was completely rewritten in the Senate therefore  
          the Assembly votes do not reflect the current version of this  
          bill.
           



          POSITIONS
           
          Sponsor: Secretary of State Alex Padilla 

           Support: None received

           Oppose:  None received










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