BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1461


                                                                    Page  1





          Date of Hearing:  May 20, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          AB  
          1461 (Gonzalez) - As Amended May 5, 2015


           ----------------------------------------------------------------- 
          |Policy       |Rules                          |Vote:|11 - 0       |
          |Committee:   |                               |     |             |
          |             |                               |     |             |
          |             |                               |     |             |
          |-------------+-------------------------------+-----+-------------|
          |             |Transportation                 |     |10 - 5       |
          |             |                               |     |             |
          |             |                               |     |             |
          |-------------+-------------------------------+-----+-------------|
          |             |Elections and Redistricting    |     |5 - 2        |
          |             |                               |     |             |
          |             |                               |     |             |
           ----------------------------------------------------------------- 


          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          This bill requires the Secretary of State (SOS) to use records  
          from the DMV to automatically register to vote those individuals  
          who are eligible. Specifically, this bill:









                                                                    AB 1461


                                                                    Page  2






          1)Requires the DMV to electronically provide to the SOS the  
            records of a person issued an original or renewal driver's  
            license (DL) or identification card (ID) if the information  
            provided by the person to prove their eligibility for a DL/ID  
            also establishes that the person is a United States citizen.


          2)Makes (1) operative only after the SOS certifies that the  
            state's voter registration database (VoteCal) is operable  
            (anticipated in June 2016).


          3)Requires the SOS to provide the DMV records to the county  
            elections officials where each person resides, unless the SOS  
            determines the person is already registered or ineligible to  
            register.


          4)Requires the SOS to notify each person whose records are sent  
            per (3) that they will be registered to vote unless they  
            decline to be registered within 21 days upon receipt of  
            notification. The notification shall inform the person how to  
            decline to register and how they may state their political  
            party preference, if any.


          FISCAL EFFECT:


          1)The DMV estimates costs of approximately $640,000 in 2015-16  
            and $530,000 annually thereafter related to programming,  
            driver's license form modifications, and increased talk-time  
            in field offices.


          2)The SOS will incur significant mailing costs to notify persons  
            automatically registered to vote, through transmission of  
            their DMV records, that they may opt out of registration  








                                                                    AB 1461


                                                                    Page  3





            within 21 days.


            To the extent voter registration is increased, there will be  
            additional costs to the SOS for printing and mailing state  
            voter pamphlets and additional costs to counties for printing  
            and mailing sample ballots.


            (A recently-released budget proposal in the Governor's May  
            revision would provide $2.35 million for 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. This is intended to help  
            facilitate a person's voter registration at the time he or she  
            applies for or renews their DL. Improvement of the current  
            opt-in process should increase voter registration through the  
            DMV. AB 1461, by establishing automatic registration, with a  
            subsequent opt-out process, would seem to replace current  
            opt-in process going forward, including the enhancements  
            proposed for the budget.)


          COMMENTS:


          1)Purpose. According to the author, "Congress enacted the  
            federal National Voter Registration Act of 1993, commonly  
            known as the "Motor Voter Law," to increase the number of  
            eligible citizens who register to vote. However, more  
            than 20 years after the passage of the Act, voter  
            registration still stands as one of the biggest barriers  
            to participation in our nation's democracy.



            "In fact, California ranked 38th among the 50 states in  
            voter registration in 2014 with nearly 7 million  
            Californians eligible to vote but not yet registered? AB  








                                                                    AB 1461


                                                                    Page  4





            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."


          2)California Registration. According to the most recent  
            report of registration produced by the SOS, there are  
            17,717,936 registered voters in California out of an  
            estimated 24,362,774 Californians who are eligible to  
            register to vote, meaning that approximately 72.7 percent  
            of eligible Californians are registered to vote.  



          Over the last 50 years, the percentage of eligible  
            Californians who were registered to vote has been as high  
            as 80.2 percent (in 1996) and as low as 66.3 percent (in  
            1979).
          3)Oregon is First. No state currently takes the  
            responsibility for proactively registering eligible  
            individuals to vote-instead, almost every state puts the  
            impetus on individuals to register themselves to vote  
            (North Dakota, which is the only state without voter  
            registration, is the exception). Earlier this year, the  
            Governor of Oregon signed legislation requiring Oregon  
            elections officials to automatically register people to  
            vote if the state Department of Transportation has  
            information indicating that those people are eligible to  
            register to vote.  Individuals will have the option to  
            opt-out of being registered.


          4)Other Issues. As noted in the Assembly Committee on Elections  
            and Redistricting analysis of this bill, several provisions of  
            the state's elections laws are based on the number and  
            percentages of registered voters. Since this bill could lead  
            to a significant increase in registrations, these impacted  
            provisions may need to be revisited. For example, current law  








                                                                    AB 1461


                                                                    Page  5





            limits a voting precinct to a maximum of 1,000 voters, thus  
            absent an adjustment in the limit, a substantial increase in  
            registrations could require county elections officials to  
            create thousands of new precincts, which would increase costs  
            of conducting elections. Other issues with this bill  
            identified in the analysis include the following:


             a)   The bill does not specify a date from which DMV records  
               would be a basis for registering individuals to vote.  
               (Oregon is planning to review the previous two years to  
               driver's license records.)


             b)   The information to be forwarded to the SOS from the DMV  
               is to include only a person's name, age, address, and  
               electronic signature, along with the person's political  
               party preference being subsequently requested by the SOS.  
               Other information currently requested from voter  
               registration applicants that will not be obtained through  
               AB 1461 include: language preference, race, email address,  
               phone number, prior registration, and whether the applicant  
               wishes to become a permanent vote-by-mail voter.


             c)   There will likely be a significant increase in  
               registered voters stating no party preference, as that is  
               the default option unless registrants affirmatively reply  
               to the SOS's notification of their registration.


             d)   Because the procedure established by this bill is  
               limited to people for whom the DMV has evidence that they  
               are citizens, many individuals who are eligible to vote  
               will not be registered to vote under this bill, even if  
               those individuals have driver's licenses or state  
               identification cards.  For example, the DMV does not know  
               whether a licensee is a citizen or not, if that licensee  
               used a United States military identification card to prove  








                                                                    AB 1461


                                                                    Page  6





               his or her legal presence in the country.  Similarly the  
               DMV will not necessarily have information to confirm the  
               citizenship of individuals who were originally issued  
               licenses or identification cards prior to 1994, or for  
               individuals who became citizens after being issued a  
               driver's license or identification card.  


          5)Related Legislation. AB 786 (Levine), also on today's  
            committee agenda, requires the DMV to use information on a  
            driver's license application directly for voter registration  
            rather than requiring a separate voter registration card (VRC)  
            to be completed by the applicant.


          Analysis Prepared by:Chuck Nicol / APPR. / (916)  
          319-2081