BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1461|
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THIRD READING
Bill No: AB 1461
Author: Gonzalez (D), Alejo (D), and McCarty (D), et al.
AmendedAmended:8/31/15 in Senate
Vote: 21
SENATE ELECTIONS & C.A. COMMITTEE: 3-1, 6/30/15
AYES: Allen, Hertzberg, Liu
NOES: Anderson
NO VOTE RECORDED: Hancock
SENATE TRANS. & HOUSING COMMITTEE: 8-3, 7/14/15
AYES: Beall, Allen, Galgiani, Leyva, McGuire, Mendoza, Roth,
Wieckowski
NOES: Cannella, Bates, Gaines
SENATE APPROPRIATION COMMITTEE: 5-2, 8/27/15
AYES: Lara, Beall, Hill, Leyva, Mendoza
NOES: Bates, Nielsen
ASSEMBLY FLOOR: 52-26, 6/2/15 - See last page for vote
SUBJECT: Voter registration
SOURCE: Secretary of State Alex Padilla
DIGEST: This bill makes significant changes to the process
whereby eligible persons are registered to vote through the
Department of Motor Vehicles (DMV).
ANALYSIS:
Existing law:
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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 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.
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.
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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.
11)Provides that every person who willfully causes, procures,
or allows himself or herself or any other person to be
registered as a voter, knowing that he or she or that other
person is not entitled to registration, is punishable by
imprisonment for 16 months or two or three years, or in a
county jail for not more than one year.
This bill:
1) Requires the DMV to electronically provide to the Secretary
of State (SOS) records containing all of the following
information associated with each person who, on or after
January 1, 2015, received an original or renewal driver's
license or state identification card, or provided the DMV
with a change of address:
a) Name.
b) Age.
c) Residence address.
d) Electronic signature.
e) The document code or equivalent identifier associated
with the document the person provided to prove that his or
her presence in the United States is authorized under
federal law and that the applicant is a citizen of the
United States.
f) Whether the person affirmatively declined to become
registered to vote during a transaction with the DMV.
g) An attestation by the person that he or she meets all
voter eligibility requirements.
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h) Other information specified in regulations
implementing this provision.
1) Prohibits the DMV from electronically providing the records
of a person who is issued or applies for 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.
2) Prohibits records from being transferred from the DMV to the
SOS pursuant to this bill until January 1 of the year 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.
3) Provides that this bill shall not be construed as requiring
the DMV to determine eligibility for voter registration and
voting.
4) Requires the SOS to notify each person whose records are
sent to the SOS 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.
e) The method by which he or she may provide a telephone
number, email address, or other contact information.
f) Voter eligibility requirements.
1) Provides that the SOS shall not provide notification to a
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person who already registered to vote or who affirmatively
declined to register to vote during a transaction with the
DMV.
2) Requires the SOS to provide the notifications in languages
other than English, as required by the federal Voting Rights
Act of 1965.
3) Provides that if a person who is registered to vote pursuant
to this bill does not provide a party preference, his or her
party preference shall be designated as "unknown."
4) 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.
5) Provides that this bill shall not affect the confidentiality
of a person's voter registration information.
6) Provides that if a person who is ineligible to vote becomes
registered to vote pursuant to this bill in the absence of
willfully committing voter registration fraud, that person's
registration shall be presumed to have been effected with
official authorization and not the fault of that person.
7) Requires the SOS to adopt regulations to implement this bill
including regulations addressing all 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.
c) An education and outreach campaign emphasizing voter
eligibility requirements that the SOS will conduct to
implement this bill. The SOS may use any public and
private funds available for this purpose.
1) Contains language to prevent a chaptering-out problem with
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SB 589 (Block).
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.
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 state's
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
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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
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.
Comments
1)According to the author, Congress enacted the federal National
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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 seven 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.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
According to the Senate Appropriations Committee:
DMV estimates costs of approximately $640,000 in 2015-16 and
$730,000 annually thereafter related to programming, driver's
license form 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.
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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.
SUPPORT: (Verified8/27/15)
Secretary of State Alex Padilla (source)
Julia Brownley, Member of Congress
Jim Costa, Member of Congress
Judy Chu, Member of Congress
Anna G. Eshoo, Member of Congress
Sam Farr, Member of Congress
John Garamendi, Member of Congress
Janice Hahn, Member of Congress
Mike Honda, Member of Congress
Ted Lieu, Member of Congress
Zoe Lofgren, Member of Congress
Alan Lowenthal, Member of Congress
Grace Napolitano, Member of Congress
Lucille Roybal-Allard, Member of Congress
Adam Schiff, Member of Congress
Brad Sherman, Member of Congress
Eric Swalwell, Member of Congress
Mark Takano, Member of Congress
Mike Thompson, Member of Congress
Alameda County Board of Supervisors
American Federation of State, County and Municipal Employees
California Association of Nonprofits
California Foundation for Independent Living Centers
California Labor Federation
California League of Conservation Voters
California Nurses Association
California Professional Firefighters
California Public Interest research Group
California School Employees Association
California State Council of the Service Employees International
Union
California Teachers Association
CalNonprofits
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Congregations Building Community
Consumer Attorneys of California
Los Angeles County Board of Supervisors
Los Angeles County Democratic Party
Mi Familia Vota Education Fund
San Diego Unified School District
Sierra Club California
State Coalition of Probation Organizations
University of California Student Association
OPPOSITION:(Verified 8/27/15)
American Civil Liberties Union of California
Asian Americans Advancing Justice- Los Angeles
California Immigrant Policy Center
Canal Alliance
Causa Justa: Just Cause
Central American Resource Center-Los Angeles
Long Beach Immigrant Rights Coalition
Mixteco/Indigena Community Organizing Project
Mujeres Unidas y Activas
Northern California Chapter of the American Immigration Lawyers
Association
Southern California Coalition of Occupational Safety and Health
ASSEMBLY FLOOR: 52-26, 6/2/15
AYES: Alejo, Bloom, Bonilla, Bonta, Brown, Burke, Calderon,
Campos, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd,
Eggman, Frazier, Cristina Garcia, Eduardo Garcia, Gatto,
Gipson, Gomez, Gonzalez, Gordon, Gray, Roger Hernández,
Holden, Irwin, Jones-Sawyer, Lackey, Lopez, Low, McCarty,
Medina, Mullin, Nazarian, O'Donnell, Perea, Quirk, Rendon,
Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone,
Thurmond, Ting, Weber, Williams, Wood, Atkins
NOES: Achadjian, Travis Allen, Baker, Bigelow, Brough, Chang,
Dahle, Beth Gaines, Gallagher, Hadley, Harper, Jones, Kim,
Levine, Linder, Maienschein, Mathis, Mayes, Melendez,
Obernolte, Olsen, Patterson, Steinorth, Wagner, Waldron, Wilk
NO VOTE RECORDED: Chávez, Grove
Prepared by:Darren Chesin / E. & C.A. / (916) 651-4106
8/31/15 9:10:17
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