BILL ANALYSIS                                                                                                                                                                                                    Ó



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

          Bill No:             AB 1461        Hearing Date:    6/30/15    
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          |Author:    |Gonzalez                                             |
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          |Version:   |6/23/15                                              |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|Darren Chesin                                        |
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             Subject:  Voter registration: Department of Motor Vehicles

           DIGEST
           
            Provides that every person who has a driver's license or state  
          identification card and who can be identified as eligible to  
          register to vote to be automatically registered to vote, unless  
          that person opts out, as specified. 

           ANALYSIS
           
          Existing law: 

           1) Requires, pursuant to the National Voter Registration Act  
             (NVRA) of 1993, 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. 

           2) Requires the Department of Motor Vehicles (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 the DMV.

           3) Requires a driver's license or identification application to  
             be used as an application for voter registration, unless the  
             applicant fails to sign the application. 







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           4) Requires change of address information received by the DMV  
             to be used for the purpose of updating voter registration  
             records, unless the registrant chooses otherwise.
            
           5) 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. 

           6) Requires a county elections official to cancel the  
             registration of any person if the mental incompetency of that  
             person is legally established, as provided. 

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

           8) Permits a registered voter to cancel his or her voter  
             registration at any time by submitting a signed, written  
             request to the county elections official. 

           9) Requires an applicant for an original driver's license or  
             identification card to submit satisfactory proof that the  
             applicant's presence in the United States is authorized under  
             federal law.

           10)Provides that the DMV shall issue an original driver's  
             license to a person who is unable to submit satisfactory  
             proof that the applicant's presence in the United States is  
             authorized under federal law if he or she meets all other  
             qualifications for licensure and provides satisfactory proof  
             to the department of his or her identity and California  
             residency, as specified.

          This bill:

          1)Requires the DMV to electronically provide to the Secretary of  
            State (SOS) the records of a person who is issued an original  
            or renewal driver's license or state identification card, as  
            specified:

             a)   Requires the DMV to electronically provide the records  
               to the SOS of a person if the proof that the applicant is  
               required to submit to prove that his or her presence in the  








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               United States is authorized under federal law, also  
               establishes that the applicant is a citizen of the United  
               States. 

             b)   Requires the records to include the person's name, age,  
               residence address, electronic signature, and other voter  
               registration information collected electronically by the  
               DMV. 

             c)   Prohibits the DMV from electronically providing the  
               records of a person who is issued a driver's license  
               pursuant to specified provisions of law because that person  
               is unable to establish satisfactory proof that his or her  
               presence in the United States is authorized under federal  
               law. 

             d)   Prohibits records from being transferred from the DMV to  
               the SOS pursuant to this bill until after the SOS certifies  
               that the state has a statewide voter registration database  
               that complies with the requirements of the federal Help  
               America Vote Act. 

          1)Requires the SOS, upon receipt of the records from the DMV, to  
            provide the records to the county elections official of the  
            county in which the person may be registered to vote, unless  
            the SOS determines that the person is not eligible to register  
            to vote or is already registered to vote. 

          2)Requires the SOS to notify each person whose records are sent  
            to a county elections official of the following:  

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

             b)   The method by which the person may decline to be  
               registered to vote; 

             c)   The method by which the person may include his or her  
               political party preference on his or her voter  
               registration. 

             d)   The method by which he or she may apply for permanent  
               vote by mail status.








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             e)   The method by which he or she may provide a telephone  
               number, email address, or other contact information.

          1)Provides that if a person notified as detailed above does not  
            decline to be registered to vote within 21 days after the date  
            that the SOS issues the notification, that person's records  
            shall constitute a completed affidavit of registration and the  
            person shall be registered to vote. 

          2)Provides that this bill shall not affect the confidentiality  
            of a person's voter registration information. 

          3)Requires the SOS to adopt regulations to implement this bill  
            including regulations addressing both of the following:

             a)   The form, content, and language options for the notice  
               to potential registrants described above.

             b)   A process for canceling the registration of a person who  
               is ineligible to vote, but became registered pursuant to  
               this bill provided that ineligible person did not willfully  
               register to vote in violation of existing law. 
          
           BACKGROUND
           
           National Voter Registration Act  .  In 1993, the federal  
          government enacted the NVRA, commonly referred to as the "motor  
          voter" law, to make it easier for Americans to register to vote  
          and to remain registered to vote.  Among other provisions, the  
          NVRA requires states to provide individuals with the opportunity  
          to register to vote at the same time that they apply for or  
          renew a driver's license, requires states to offer voter  
          registration opportunities at all offices that provide public  
          assistance, guarantees that citizens can register to vote by  
          mail using uniform federal registration forms, and establishes  
          procedures for how states maintain voter registration lists for  
          federal elections.  One of the provisions of the NVRA prohibits  
          the voter registration portion of a driver's license application  
          from requiring any information that duplicates information  
          required in the driver's license portion of the form, other than  
          a second signature or a statement attesting to the person's  
          eligibility to register to vote. 









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          The California DMV, however, does not currently comply with  
          NVRA's prohibition on requiring duplicate information.  Rather,  
          a separate voter registration form is attached to the driver's  
          license form which requires the affiant to fill in duplicate  
          information.  This dual form policy was the result of a  
          settlement in a lawsuit to force the State of California to  
          comply with NVRA when former Governor Pete Wilson refused to  
          implement it unless federal funding was provided (NVRA did not  
          provide the states with any direct funding or any mechanism for  
          reimbursement of costs associated with implementation).
           Motor Voter Enhancements in the 2014-15 Budget  .  Earlier this  
          year, a letter was sent to the SOS from the ACLU Foundation of  
          San Diego and Imperial Counties, Dmos, Morrison & Forester LLP,  
          and Project Vote stating that California is engaging in  
          continuous and ongoing violations of the NVRA due to the states  
          aforementioned dual form policy.  The letter also stated that it  
          constituted a formal notice of the senders' intent to initiate  
          litigation at the end of the statutory 90-day waiting period  
          should California fail to remedy the violations of the NVRA, as  
          specified. 

          In response to that letter, and in an effort to now comply with  
          the NVRA's requirements, the Governor's May Budget Revision and  
          the subsequently enacted 2015-16 State Budget included $2.35  
          million in the SOS's budget to improve the voter registration  
          process at the DMV with $1.25 million of it directed to DMV for  
          this purpose.  According to the State Transportation Agency,  
          which oversees the DMV, this budget item will provide for all of  
          the following:

          1)Enhance DMV's on-line driver license renewal process by  
            utilizing an application provided by the SOS that would  
            pre-populate DMV-related information to an online voter  
            registration form.  By enhancing the driver license renewal by  
            Internet process, applicants can complete their DMV driver  
            license renewal online and subsequently register to vote.  The  
            information required for both DMV and voter registration will  
            be pre-populated into an application allowing the applicant to  
            complete the voter registration process.  Once the voter  
            registration process is complete, the information would be  
            submitted electronically to the SOS. 
           
          2)Enhance the in-person DMV field office visit by utilizing the  
            signature capture tablet that is connected to the camera  








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            station that would prompt the applicant through voter specific  
            information.  The current Driver License/Identification Card  
            contract is in need of a refresh to both software/hardware.   
            As part of the refresh, the signature capture tablets would be  
            replaced with a larger tablet that would enable the applicant  
            to provide voter specific responses (e.g. party affiliation,  
            permanent vote by mail status, etc.) allowing the applicant to  
            register to vote.  Upon completion of the signature and photo  
            (that is used for the driver license), the information would  
            later be merged with both the DMV and voter specific  
            information and sent electronically to the SOS.

          3)Estimated implementation date would be no later than April 1,  
            2016.

          This bill, by establishing automatic registration, with a  
          subsequent opt-out process, would seem to replace current opt-in  
          process going forward, including the enhancements included in  
          the budget.

           California Registration Statistics  .  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). 

           Oregon's Automatic Voter Registration  .  While numerous other  
          nations provide some form of automatic voter registration, no  
          U.S. states currently take 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).  The idea of  
          making the government responsible for proactively registering  
          voters when the government has information to verify  
          individuals' eligibility to vote -- sometimes referred to as  
          "automatic voter registration" -- received renewed attention  
          earlier this year when the Oregon Legislature passed and the  
          Governor signed House Bill 2177, which will require Oregon  
          elections officials to automatically register people to vote if  








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          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.  


          However, Oregon's automatic voter registration bill was signed  
          into law only this last March, and the bill lacks many details  
          on how automatic voter registration will work, instead allowing  
          those details to be determined by regulation or rule.  The bill  
          did require, however, that the Oregon Secretary of State and the  
          Department of Transportation must implement various aspects of  
          the bill by January 1, 2016. 

           VoteCal  .  On October 29, 2002, President George W. Bush signed  
          the Help America Vote Act (HAVA) of 2002 (116 STAT. 1666, Public  
          Law 107-252).  Enacted partially in response to the 2000  
          Presidential election, HAVA was designed to improve the  
          administration of federal elections.  Among other provisions,  
          HAVA requires every state to implement a single, uniform,  
          official, centralized, interactive computerized statewide voter  
          registration list defined, maintained, and administered at the  
          state level.  This statewide voter registration list will serve  
          as the official list of eligible voters for any federal election  
          held within the state. 

          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 many 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.

          Discussions between the United States Department of Justice  
          (Justice Department) and the SOS led to the adoption of a  
          memorandum of agreement (MOA) between the two parties.  In that  
          MOA, the SOS committed to further upgrades to the Calvoter  
          system to achieve short term interim compliance with the  
          requirements of HAVA, and to complete development and  
          implementation of a longer term solution for replacing the  
          Calvoter system with a new permanent statewide voter  
          registration system.  That new permanent system is commonly  
          known as VoteCal.  After a number of delays, the VoteCal system  
          is being developed and is currently in testing.  The system is  








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          scheduled to be rolled out to five counties this July as a  
          pilot, and if VoteCal is operating as anticipated, it will then  
          be deployed to the remaining 53 counties in six waves between  
          October 2015 and March 2016.  After the final wave is completed,  
          the SOS will certify VoteCal as the system of record for voter  
          registration information in California. The current project  
          schedule provides for that certification to occur by June 2016.   


          The implementation of VoteCal will help streamline the voter  
          registration process, including allowing voters to update their  
          voter registration records seamlessly when they update their  
          address with the DMV or with the state's Employment Development  
          Department. VoteCal will also make it easier and more efficient  
          for elections officials to do "list maintenance," including  
          identifying and eliminating duplicate registrations,  
          transferring a voter's record from one county to another when  
          the voter moves, and canceling the registrations of individuals  
          who are no longer eligible to vote. 

           Determination of Eligibility to Register  .  Under California law,  
          a person is eligible to register to vote if he or she is a  
          United States citizen, a resident of California, not in prison  
          or on parole for conviction of a felony, and will be at least 18  
          years old at the time of the next election.  Additionally, as  
          detailed above, existing law requires a county elections  
          official to cancel the registration of any person if the mental  
          incompetency of that person has been legally established, as  
          specified. 

          Under this bill, the DMV would be required to provide the SOS  
          with specified personal information about individuals who have a  
          driver's license or identification card and who submitted  
          documentation to the DMV that establishes that they are  
          citizens.  Since 1994, every applicant in California for a state  
          identification card or driver's license has been required to  
          provide verification of birth date and proof of legal presence  
          in the United States.  (As detailed below, beginning this year,  
          individuals who are unable to submit satisfactory proof of legal  
          presence in the United States are now eligible to apply for and  
          receive driver's licenses.  Those driver's licenses -- commonly  
          referred to as "AB 60 licenses" after the bill that authorized  
          their issuance, are distinguishable from non-AB 60 licenses.   
          Individuals who wish to receive a non-AB 60 license are still  








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          required to provide proof of legal presence in the United  
          States.)  

          In order for a person to prove legal presence, an applicant is  
          required to provide the original or a certified copy of one of  
          28 different documents to the DMV.  Of those 28 documents, some  
          (such as a United States passport) are documents that are  
          available only to citizens, while others (such as a permanent  
          resident card) would be issued only to individuals who were not  
          citizens.  Other acceptable documents (such as a United States  
          military identification card) could be issued to citizens or  
          non-citizens.  According to the DMV and the State Transportation  
          Agency, DMV records contain information about the document that  
          individuals used to establish legal presence in the country.   
          (For individuals who were originally issued a driver's license  
          or identification card prior to 1994, the DMV does not have such  
          information, since a person was not required to prove his or her  
          legal presence in the country.) 

          Under this bill, the DMV would forward the personal information  
          to the SOS of individuals who have a driver's license or  
          identification card and who used a document to establish legal  
          presence in the country that also establishes that the person is  
          a citizen.  Once that information was received from the DMV, the  
          SOS would need to make a determination about which of those  
          individuals are (1) eligible to register to vote, and (2) not  
          already registered to vote.  In order to determine which  
          individuals were already registered to vote, the SOS would need  
          to check the list received from the DMV against the statewide  
          voter registration database.  In order to establish a person's  
          eligibility to vote, the SOS would need to limit the information  
          received from the DMV to those individuals who were at least 18  
          years old, and then would need to check that list of names  
          against records that the SOS receives (including court records  
          and death records) to exclude those individuals who are not  
          eligible to register to vote. 

          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  








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          prove 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. 

           COMMENTS
           
           1)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.  Moreover, voter  
            turnout nationwide was the lowest since World War II in 2014,  
            with California ranking 43rd in voter participation.

          Additionally, the federal Motor Voter Law is based largely on a  
            paper process and does not fully utilize modern electronic  
            data technologies to make voter registration easier, more  
            convenient, and more efficient.

          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.

          This bill seeks to address voter registration as a barrier to  
            voting.  New research using Google searches concluded that  
            about 3 million to 4 million more people would have voted in  
            2012 if voter registration were easier and more convenient.  
            This bill is a way to ensure that eligible California voters  
            will not be denied the right to vote due to difficulties  
            registering.

           2)Conditional Voter Registration (a.k.a., "Election Day"  
            Registration)  .  AB 1436 (Feuer, Chapter 497, Statutes of  
            2012), permits "conditional voter registration," under which a  








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            person is allowed to register to vote and vote at the office  
            of the county elections official at any time, including on  
            election day, if certain requirements are met. Conditional  
            voter registration will not go into effect until January 1 of  
            the year following the date that the SOS certifies the  
            operation of VoteCal.  Under conditional voter registration,  
            voters will cast provisional ballots which will be counted  
            only if the elections official is able to determine the  
            person's eligibility to vote, as specified.  Once conditional  
            voter registration is in effect, registering to vote in  
            advance of an election will no longer be necessary, and voter  
            registration requirements will be less of a barrier to voter  
            participation than under existing law.  Notwithstanding that  
            fact, there will still be advantages to having voters  
            registered to vote prior to Election Day.  

          First, voters who are registered in advance of Election Day will  
            receive official election materials that contain information  
            about the candidates, races, and measures that will appear on  
            the ballot.  Second, conditional voter registration is not  
            required to be offered at every polling place -- instead it  
            will be offered only at the office of the county elections  
            official, and at satellite locations that may be set up at the  
            discretion of elections officials.  By registering to vote in  
            advance of Election Day, voters will be able to cast a ballot  
            at their local polling place, or will be able to cast a vote  
            by mail ballot if they desire.  In light of these facts, and  
            notwithstanding the fact that conditional voter registration  
            will soon be in effect, automatically registering certain  
            individuals to vote unless they opt out could help reduce  
            barriers to voter participation. 

           3)Increase in "No Party Preference" Voters  ?  California's voter  
            registration form asks the registrant whether he or she wishes  
            to disclose a political party preference.  A registrant has  
            the option of selecting to disclose a preference for one of  
            the six qualified political parties in the state, to disclose  
            a preference for a political body that is attempting to  
            qualify as a political party, or to decline to disclose a  
            party preference.  Any voter who chooses this last option,  
            along with any voter who fails to choose any option, is  
            registered as "no party preference" (NPP).

            While this bill requires the SOS to notify every voter who is  








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            registered to vote under its provisions of the procedure for  
            choosing a political party, those who do not avail themselves  
            of that procedure will automatically be designated as NPP  
            voters.  By virtue of that fact, it is reasonable to expect  
            that this bill will result in a significant increase in the  
            number and percentage of voters who are registered as NPP  
            voters. 

           4)AB 60 Licensees  .  AB 60 (Alejo, Chapter 524), Statutes of  
            2013, requires the DMV to issue an original driver's license  
            to an applicant who is unable to submit satisfactory proof of  
            legal presence in the United States.  Driver's license  
            applicants under AB 60 must meet all other qualifications for  
            licensure and must provide satisfactory proof of identity and  
            California residency.  The DMV began accepting applications  
            for licenses under AB 60 on January 2, 2015.  Because the AB  
            60 licensing process was specifically established for  
            individuals who are unable to submit satisfactory proof of  
            legal presence in the United States, this bill expressly  
            prohibits the DMV from transmitting information to the SOS  
            about individuals who applied for or received a driver's  
            license pursuant to AB 60. 

           5)Fiscal Impact  .  The Assembly Appropriations Committee reported  
            the following costs associated with this bill: (a) 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, and (b) 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 within 21 days. 

           6)Double-Referral  .  This bill is double-referred to the Senate  
            Transportation and Housing Committee. 

                               RELATED/PRIOR LEGISLATION
           
          AB 786 (Levine) requires the DMV, in coordination with the SOS,  
          to the extent the state's plan for implementation of the federal  
          NVRA is inconsistent with the NVRA, to take additional steps to  
          fully implement and further comply with the NVRA.  However,  
          committee staff was informed by the author of AB 786 that it  
          would be amended and used for a purpose unrelated to voter  








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          registration. 

          SB 439 (Allen), which is pending in the Assembly Elections and  
          Redistricting Committee, permits county elections officials to  
          offer conditional voter registration at satellite offices during  
          the entire 14 days immediately preceding Election Day, among  
          other provisions.

           PRIOR ACTION
           
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          |Assembly Floor:                       |52 - 26                    |
          |--------------------------------------+---------------------------|
          |Assembly Appropriations Committee:    |12 - 5                     |
          |--------------------------------------+---------------------------|
          |Assembly Elections and Redistricting  |  7 - 2                    |
          |Committee:                            |                           |
          |--------------------------------------+---------------------------|
          |Assembly Transportation Committee     |10 - 5                     |
          |                                      |                           |
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          POSITIONS
           
          Sponsor: Secretary of State Alex Padilla 

           Support: Alameda County Board of Supervisors
                    American Federation of State, County and Municipal  
                   Employees
                    California Association of Nonprofits
                    California Labor Federation
                    California League of Conservation Voters
                    California Professional Firefighters
                    California Public Interest research Group
                    California School Employees Association
                    California State Council of the Service Employees  
                   International Union
                    California Teachers Association
                    Congregations Building Community
                    Los Angeles County Board of Supervisors
                    Mi Familia Vota Education Fund 
                    Sierra Club California
                    State Coalition of Probation Organizations
                    University of California Student Association








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           Oppose:  American Civil Liberties Union of California
                                          
                                      -- END --