BILL ANALYSIS Ó
AB 1143
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Date of Hearing: April 29, 2015
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Sebastian Ridley-Thomas, Chair
AB 1143
(Hadley) - As Introduced February 27, 2015
SUBJECT: Elections: Voter Registration Agencies.
SUMMARY: Requires the Franchise Tax Board (FTB) to provide a
voter registration card to a taxpayer whose annual income tax
return indicates a change of address from the prior year.
EXISTING LAW:
1)Provides that a person entitled to register to vote shall be 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 election.
2)Provides that a person may not be registered as a voter except
by affidavit of registration. Requires the affidavit to be
mailed or delivered to the county elections official.
3)Designates the following agencies as voter registration
agencies (registration agencies): the Department of Motor
Vehicles (DMV); California Health Benefit Exchange; California
Work Opportunity and Responsibility to Kids; CalFresh Program;
Medi-Cal Program; California WIC agencies; In-Home Support
Services Program; Department of Rehabilitation: Vocational
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Rehabilitation Services; Independent Living Centers;
Department of Developmental Services: Regional Centers;
Department of Social Services: Office of Deaf Access; State
and County Mental Health Providers; Armed Forces Recruitment
Offices; FTB; and the Board of Equalization.
4)Requires, pursuant to the National Voter Registration Act of
1993 (NVRA), that a registration agency comply with the
following:
a) Distribute a voter registration card to each person who
applies for service or assistance with the agency, or who
requests recertification, renewal or a change of address
with the agency;
b) Assist people in completing the voter registration card
by giving the same kind of assistance already provided for
completing the agency's own forms; and
c) Accept completed voter registration cards, and send
completed voter registration cards to elections officials
within 10 days. Cards received within five days of a
deadline to register to vote must be forwarded to elections
officials within five days.
5)Prohibits registration agency staff from doing any of the
following:
a) Seeking to influence an applicant's political preference
of party registration;
b) Displaying any political preference or party allegiance;
c) Making any statement to an applicant or taking any
action the purpose or effect of which is to discourage the
applicant from registering to vote; or
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d) Making any statement to an applicant or taking any
action the purpose or effect of which is to lead the
applicant to believe that a decision to register or not to
register has any bearing on the availability of services or
benefits.
6)Requires, pursuant to the NVRA, that registration agencies
provide to each person who applies for service or assistance
with the agency, a voter registration card along with an NVRA
Voter Preference Form which asks "Would you like to register
to vote today?" and provides checkboxes for the applicant to
agree or decline to register to vote. Requires the agency to
keep this voter preference form on file for two years.
FISCAL EFFECT: Unknown
COMMENTS:
1)Purpose of the Bill: According to the author, "A healthy
democracy depends upon the informed consent of the governed.
By offering voter registration forms to California taxpayers
who have indicated a change of address, AB 1143 also aims to
increase voter participation by reaching out to those who are
already participating in the governmental process: the
taxpayers who keep the Golden State running."
2)FTB as a Voter Registration Agency: The NVRA was enacted by
Congress in 1993 and took effect in 1995. 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 registrations states offer, the NVRA requires states to
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provide the opportunity to apply to register to vote for
federal elections through various methods. Section 5 of the
NVRA requires states to offer voter registration opportunities
at motor vehicle agencies. Additionally, 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. Moreover, Section 7 of the NVRA
requires states to designate "other offices" within the state
as voter registration agencies.
On August 12, 1994, Governor Pete Wilson issued Executive
Order W-98-94 establishing the list of NVRA registration
agencies that included the FTB district offices. As a
registration agency, the FTB must offer each person who comes
into contact with the agency the opportunity to complete a
voter preference form, which is required to be kept on file
with the agency for two years.
In 2012, Governor Brown signed SB 35 (Padilla), Chapter 505,
Statutes of 2012, which established guidelines to ensure
compliance of all NVRA designated agencies in the state. As a
result county elections officials are required to report to
the Secretary of State (SOS) monthly on the number of voter
registration cards received from each voter registration
agency, and the SOS is required to post the information
contained in each report on the SOS's Internet Web site.
Between March 2014 and February 2015 there were 53 voter
registration cards received from the FTB.
3)Address Changes and the NVRA: According to the NVRA, any
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change of address form submitted in accordance with state law
for purposes of a state motor vehicle driver's license shall
serve as notification of change of address for voter
registration with respect to elections for Federal office for
the registrant involved unless the registrant states on the
form that the change of address is not for voter registration
purposes.
The FTB is not an agency that the public is required to
contact when they have a change of address. On the other
hand Californians are required to report a change of address
to DMV within 10 days of the change. The form that is used to
report a change of address to the DMV can also be used to
report a voter change of address, if you are already a
registered voter and you still reside in the same county.
4)Cost Effectiveness: The bill, as currently written, requires
the FTB to provide a voter registration card to each taxpayer
whose annual income tax return shows a change of address from
the prior year.
Most individuals who prepare and submit annual income tax
documents do so between January 1 and April 15 each year. A
filer may be a nonresident, part time resident, or full time
resident of the state who has reportable California earnings
from the prior taxable year that meet or exceed allowable
minimum requirements to file. Existing law defines "taxable
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year" as the calendar year or the fiscal year upon the basis
of which the taxable income is computed. If no fiscal year
has been established, "taxable year" means the calendar year.
If a voter registration card is mailed to every taxpayer whose
annual income tax filing indicates a change of address from
the prior year's filing, it is likely that a large number of
cards will be mailed to people who have either already
re-registered in their correct jurisdiction, because time has
passed between them relocating and tax season. Additionally
many cards will be mailed to people who are ineligible to
register to vote because they lack United States citizenships
or are otherwise ineligible to vote in California.
5)Secretary of State Position: The Secretary of State Alex
Padilla, who has a support if amended position, writes:
The US Census indicates that close to 12% of the population
moves each year. Moving residences is complicated and requires
a change of address with many private and public entities. It
is very possible that a voter will forget to update their voter
information when they move. For voters, it is important to
update their address when they move or else they will not
receive their state voter information guide, their local county
sample ballot, and possibly their vote by mail envelope.
Congress in 1993 enacted the National Voting Rights Act, known
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as the NVRA, or Motor Voter. The NVRA requires the [DMV] and
other state agencies such as the [FTB] to offer voter
registration to eligible citizens when obtaining services.
AB 1143 builds [off of] the NVRA to expand the role of the [FTB]
in registering voters. The bill will require that when any
taxpayer indicates a change of address on their tax form, they
shall be mailed a voter registration form from the [FTB] in
order to update their address.
I would like to request that the bill be amended to [include]
notification to the taxpayer that they may register to vote or
update their information through California's Online Voter
Registration system. Using online voter registration will cut
down on the use of paper and provide another avenue for the
taxpayer to update their information.
6)Suggested Amendments: Under existing law the term "taxpayer"
includes any individual, fiduciary, estate, or trust subject
to any tax imposed pursuant to specified provisions of law.
Absent clarifying amendments, this bill would appear to
require voter registration cards to be mailed to taxpayers who
are not individuals.
According to the author, his intention is that this bill is to
apply only to the "individual" who is filing a personal income
tax return and who has had an address change within the state
of California since he or she last filed an annual tax return
with the FTB. If it is the Committee's desire to approve this
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bill, clarifying amendments should be adopted to reflect that
intent.
7)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 codifies many
existing best practices and guidelines to ensure compliance of
all NVRA designated agencies in the state.
REGISTERED SUPPORT / OPPOSITION:
Support
Secretary of State Alex Padilla (if amended)
Opposition
None on file.
Analysis Prepared by:Lori Barber / E. & R. / (916) 319-2094
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