BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session AB 1461 (Gonzalez) - Voter registration. ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: June 23, 2015 |Policy Vote: E. & C.A. 3 - 1, | | | T. & H. 8 - 3 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: No | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: August 17, 2015 |Consultant: Robert Ingenito | | | | ----------------------------------------------------------------- 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 AB 1461 (Gonzalez) Page 1 of ? 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: AB 1461 (Gonzalez) Page 2 of ? 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. AB 1461 (Gonzalez) Page 3 of ? 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. AB 1461 (Gonzalez) Page 4 of ? 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. -- END --