BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1461


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          Date of Hearing:  April 27, 2015


                        ASSEMBLY COMMITTEE ON TRANSPORTATION


                                 Jim Frazier, Chair


          AB 1461  
          (Gonzalez) - As Amended April 20, 2015


          SUBJECT:  Voter registration


          SUMMARY:  Establishes the California New Motor Voter Program.   
          Specifically, this bill: 


          1)Makes legislative findings and declarations regarding voter  
            registration. 


          2)Requires the Secretary of State (SOS) to work in consultation  
            with the Department of Motor Vehicles (DMV) to establish a  
            schedule to electronically transfer records of a person  
            applying for an original or renewal driver's license or  
            identification card. 


          3)Requires DMV to electronically provide the SOS specific  
            information including a person's name, age, residence address,  
            and electronic signature.  


          4)Specifies that DMV is required to only transmit records of a  
            person who submits documentation that establishes proof of  
            legal presence under federal law and also indicates they are a  








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            citizen of the United States.  


          5)Prohibits DMV from electronically transferring records of an  
            applicant that cannot establish proof of legal presence in the  
            United States. 


          6)Requires the SOS to provide the abovementioned records to the  
            appropriate county election officials unless the SOS  
            determines the person is not eligible to vote or is already  
            registered to vote.  


          7)Requires the SOS to notify each person whose records are sent  
            to a county elections official with the following information:  



             a)   That he or she will be registered to vote unless they  
               decline to be registered within 21 days after the date SOS  
               issues the notification; 


             b)   The method which he or she may decline to register to  
               vote; and,


             c)   The method that can be used to identify his or her  
               political party preference on their voter registration.


          8)Specifies that if a person does not respond and decline to the  
            abovementioned notification, they will be registered to vote.


          9)Allows a person to cancel their voter registration at any time  
            by submitting a request to the appropriate county elections  
            official, as specified. 








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          10)Provides that a person's information being transmitted under  
            the New Motor Voter Program is to remain confidential, as  
            specified. 


          11)Requires the SOS to adopt regulations to implement the New  
            Motor Voter Program.  


          EXISTING LAW: 





          1)Requires 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  
            DMV.  

          2)Requires change of address information received by DMV to be  
            used for the purpose of updating voter registration records,  
            unless the registrant chooses otherwise.  

          3)Provides that a person may not be registered to vote except by  
            affidavit of registration.  

          4)Provides that a properly executed affidavit of registration is  
            deemed to be effective upon receipt of the affidavit by the  
            county elections official if received on or before the 15th  
            day before election day, postmarked on or before the 15th day  
            prior to the election and received by mail by the county  
            elections officials, or submitted to DMV or accepted by any  
            other public agency designated as a voter registration agency  
            on or before the 15th day prior to the election.  

          5)At the federal level, establishes the National Voter  








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            Registration Act (NVRA) of 1993 and requires each state to  
            offer voter registration services at motor vehicle agency  
            offices, offices that provide public assistance, 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 state designated as NVRA voter registration agencies.  

          6)Requires that a driver's license or identification application  
            must also serve as an application for voter registration  
            unless the applicant fails to sign the voter registration  
            application. Specifies that the voter registration portion of  
            the application is prohibited from requiring any duplicate  
            information that is required for driver's license or  
            identification portion of the application.  



          FISCAL EFFECT:  Unknown


          COMMENTS:  According to the author, AB 1461 will enact the  
          California New Motor Voter Act to make voter registration easier  
          when citizens get or renew a driver's license, thereby  
          increasing opportunities for eligible citizens to participate in  
          democracy by voting.
             
          Signed into law by President Bill Clinton in 1993, the actual  
          implementation of NVRA requirements took effect on January 1,  
          1995.  NVRA, also known as the "Motor Voter Act," was intended  
          to increase voting opportunities for eligible voters and  
          maintain their registration.  On August 12, 1994, then-Governor  
          Pete Wilson signed an executive order to direct state and local  
          agencies to implement NVRA only to the extent that federal  
          funding was provided.  However, the federal government did not  
          provide funding to states for NVRA implementation.   
          Consequently, when NVRA took effect in 1995, several states  
          failed to take the steps necessary to comply with the law and  
          several also challenged the constitutionality of the federal  








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          mandate.  States involved in the first round of cases included  
          California, Illinois, Michigan, Mississippi, Pennsylvania, New  
          York, South Carolina, Vermont, and Virginia.  

          Three separate lawsuits concerning California's implementation  
          of NVRA were filed in federal court.  All three cases were  
          combined into a single proceeding and were heard before a  
          federal district court in San Jose on March 2, 1995.  The courts  
          found NVRA constitutional, despite the lack of federal funding  
          provided to states, and the court ruled that California was  
          obligated to implement NVRA.  The court ordered the state to  
          submit an implementation plan to the court for review to ensure  
          conformity of the requirements of NVRA.  
           
          The plan submitted by the state would have brought California  
          into full alignment with NVRA requirements except for DMV's  
          two-step application process.  Despite this inconsistency, 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.  

          Under the current two-step process, DMV provides every person  
          who applies for or renews a driver's license or identification  
          card, or submits a change of address form with a voter  
          registration card (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.  

          AB 1461 aims to take California one step closer to satisfying  
          all of NVRA's provisions.  Similar to the recent "motor voter"  
          law enacted in Oregon, under AB 1461, an applicant that  
          completes a driver's license or identification card application  
          will become registered to vote.  The registration will be  








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          provisional for 21 days, during that period the applicant will  
          be notified of their registration status, be provided the chance  
          to select a political party, or opt-out of being registered to  
          vote.  Furthermore, AB 1461 will require DMV to expand the  
          amount of driver record data that is transmitted through its  
          existing electronic portal with the SOS.  As a result, the  
          provisions specified under this bill will require DMV to carry  
          out additional programming. 

          Double-referral:  This bill will be referred to the Assembly  
          Elections and Redistricting Committee should it pass out of this  
          committee. 


          Related legislation:  AB 786 (Levine) makes changes to existing  
          law to ensure compliance with the NVRA including requiring DMV  
          to work with the SOS to take additional steps to fully implement  
          and further comply with the state's NVRA implementation plan and  
          prohibits county elections officials from canceling a voter's  
          prior registration until the voter is registered in the county  
          to which he or she has moved, as specified.  AB 786 is scheduled  
          to be heard by this committee on April 27, 2015.

          REGISTERED SUPPORT / OPPOSITION:




          Support


          Honorable Alex Padilla, Secretary of State (Sponsor)


          SEIU












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          Opposition


          None on file 




          Analysis Prepared by:Manny Leon / TRANS. / (916) 319-2093