BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 1461 (Gonzalez) - Voter registration.
          
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          |Version: June 23, 2015          |Policy Vote: E. & C.A. 3 - 1,   |
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          |Urgency: No                     |Mandate: No                     |
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          |Hearing Date: August 17, 2015   |Consultant: Robert Ingenito     |
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          This bill meets the criteria for referral to the Suspense File.







          Bill  
          Summary:  AB 1461 would provide that every person who (1) has a  
          driver's license or state identification card, and (2) can be  
          identified as eligible to register to vote would be  
          automatically registered to vote, unless that person opts out,  
          as specified.


          Fiscal  
          Impact:  This bill would have the following fiscal impacts:

                 The Department of Motor Vehicles (DMV) estimates costs  
               of approximately $640,000 in 2015-16 and $730,000 annually  
               thereafter related to programming, driver's license form  







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               modifications, and increased talk-time in field offices.

                 SOS estimates that up to 1.95 million State Voter  
               Information Guides would be mailed to newly registered  
               voters, at a cost of $891,000 per election. 

                 Voter notification cards would be sent to additional new  
               or re-registered voters by the counties subject to state  
               reimbursement, at a cost in the hundreds of thousands of  
               dollars. 
          
                 A reduction in the 9.2 million DMV-printed registration  
               forms, resulting in a potential annual savings of up to  
               $368,000.

                 A reduction in DMV's mailing 1.7 million of completed  
               registration forms to counties, resulting in a potential  
               savings of up to $816,000.



          Background: The National Voter Registration Act (NVRA) became effective  
          January 1, 1995 in order to enhance and increase voting  
          opportunities for eligible voters. The NVRA required states to  
          provide the opportunity to register to vote through various  
          methods, including at motor vehicle agencies.  Additionally,  
          NVRA imposed requirements on states to protect the integrity of  
          the electoral process and ensure that states maintain accurate  
          and current voter registration rolls.
          Currently, no state proactively registers 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 state elections officials to automatically register  
          people to vote if the state Department of Transportation has  
          information indicating that those people are eligible to do so.  
          Individuals will have the option to opt-out of being registered.




          Proposed Law:  
          This bill would do all of the following:








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


                  o         Require DMV to electronically provide the  
                    records to SOS of a person if the proof that the  
                    applicant is required to submit to prove that his or  
                    her presence in the United States is authorized under  
                    federal law, also establishes that the applicant is a  
                    citizen of the United States.


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


                  o         Prohibit 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. 


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


                 Require SOS, upon receipt of the records from 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. 


                 Require SOS to notify each person whose records are sent  
               to a county elections official of specified information. 









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                 Provide that if a person notified 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.


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


                 Require SOS to adopt regulations to implement this bill  
               including regulations addressing both of the following:


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


                  o         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.







          Related  
          Legislation: SB 1061 (Block, 2014) would have required DMV, in  
          consultation with SOS, to revise the applications for a driver's  
          license, instruction permit, junior permit, and identification  
          card to include provisions to automatically register an  
          individual to vote unless the individual opts out. The bill  
          would have also required DMV to submit the driver's license  
          application of any individual who is eligible to vote, but is  
          not currently registered to vote, to the elections official of  
          the county in which the individual lives. The bill was held  
          under submission on the suspense file of this Committee.








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          Staff  
          Comments: Currently, every individual who applies for or renews  
          a California driver's license or identification card, or changes  
          his or her address, receives a voter registration card.  If a  
          voter updates his or her address with a DMV office, the new  
          address is electronically transmitted to the SOS statewide voter  
          registration database, and the SOS then shares the information  
          with county elections officials.
          DMV would experience increased workload from the bill in the  
          following areas: (1) computer programming, (2) data storage, (3)  
          modifications to forms for drivers licenses and identification  
          cards, and (4) outreach to the public. DMV's fiscal estimate  
          assumes an operative date of July 1, 2016, and further assumes  
          that CalVote will be operative on June 30th, 2016.


          The 2015 Budget Act included $2.35 million General Fund for both  
          SOS and DMV to (1) upgrade technology used to collect signatures  
          and data from potential voters and (2) remit them to SOS. This  
          bill does not specify a funding source with respect to DMV's  
          activities, but funds in the Motor Vehicle Account are  
          prohibited by the Constitution from being used for  
          non-transportation-related purposes.




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