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