BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1461|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
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THIRD READING
Bill No: AB 1461
Author: Gonzalez (D), Alejo (D), and McCarty (D), et al.
AmendedAmended:9/4/15 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 APPROPRIATIONS 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: California New Motor Voter
Program
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).
Senate Floor Amendments of 9/4/15 provide that instead of
automatically registering specified persons to vote through the
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DMV and contacting them after the fact for confirmation,
eligible persons would instead be registered during their DMV
transactions unless they affirmatively decline. The amendments
also require the Secretary of State to (SOS) provide specified
outreach and education materials in languages other than
English.
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 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) Requires an applicant for an original driver's license or
identification card to submit satisfactory proof that the
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applicant's presence in the United States is authorized under
federal law.
8) 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.
9) 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.
10)Requires, pursuant to the federal Help America Vote Act of
2002 (HAVA), every state to implement a computerized
statewide voter registration list defined, maintained, and
administered at the state level.
This bill:
1) Requires the SOS and the DMV to establish the California New
Motor Voter Program for the purpose of increasing
opportunities for voter registration by any person who is
qualified to vote.
2) Provides that the SOS, not the DMV, is solely responsible
for determining eligibility for voter registration and
voting.
3) Requires the DMV, in consultation with the SOS, to establish
a schedule and method to electronically provide to the SOS
the following information associated with each person who
submits an application for a driver's license or
identification card or who notifies the DMV of a change of
address:
a) Name.
b) Date of birth.
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c) Either or both the residence address or mailing
address as contained in the DMV's records.
d) Digitized signature, as described in Section 12950.5
of the Vehicle Code.
e) Telephone number, if available.
f) Email address, if available.
g) Language preference.
h) Political party preference.
i) Whether the person chooses to become a permanent vote
by mail voter.
j) Whether the person affirmatively declined to become
registered to vote during a transaction with the DMV.
aa) A notation that the applicant has attested that he or
she meets all voter eligibility requirements, including
United States citizenship.
bb) Other information as specified in regulations.
4) Requires the SOS to provide specified outreach and education
materials in languages other than English, per the federal
Voting Rights Act.
5) Provides that the SOS shall not sell, transfer or allow any
third party access to the information acquired from the DMV
pursuant to this bill without approval of the DMV, except as
otherwise permitted by law.
6) Provides that the DMV shall not electronically provide
records of a person who applies for or is issued a driver's
license who is unable to submit satisfactory proof that his
or her presence in the United States is authorized under
federal law.
7) Provides that the DMV shall implement of the provisions of
this bill no later than one year after the SOS certifies all
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of the following:
a) The State has a statewide voter registration database
that complies with the requirements of the federal Help
America Vote Act of 2002.
b) The Legislature has appropriated the funds necessary
for the SOS and the DMV to implement and maintain the
program.
c) The SOS has adopted specified regulations.
8) Provides that the DMV may provide the records described
above to the SOS before the SOS certifies that all of the
preceding conditions have been satisfied but only to the
extent that the records be used for outreach and education to
eligible voters.
9) Prohibits the DMV from electronically providing records
pursuant to this bill that contain a home address designated
as confidential.
10)Provides that the willful, unauthorized disclosure of
information obtained from the DMV pursuant to this bill to
any person, or the use of any false representation to obtain
any of that information or the use of any of that information
for a purpose other than permitted by this bill, is a
misdemeanor.
11)Requires the SOS to establish procedures to protect the
confidentiality of the information acquired from the DMV, as
specified, and requires the SOS to account for any
disclosures, including those due to security breaches, in
accordance with existing law.
12)Provides that the records of a person who registers to vote
pursuant to this bill shall constitute a completed affidavit
of registration and the SOS shall register the person to
vote, unless any of the following conditions is satisfied:
a) The person's records reflect that he or she
affirmatively declined to become registered to vote during
a transaction with the DMV.
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b) The person's records do not reflect that he or she has
attested to meeting all voter eligibility requirements.
c) The SOS otherwise determines that the person is
ineligible to vote.
13)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" and he or
she shall be treated as a "No Party Preference" voter. Any
such person whose party preference is designated as "Unknown"
shall not be counted for purposes of determining the total
number of voters registered for political party qualification
purposes under existing law.
14)Provides that a person registered to vote under this bill
may cancel his or her voter registration at any time by any
current method.
15)Provides that these provisions do not affect the
confidentiality of a person's voter registration information
under existing law.
16)Provides that if a person who is ineligible to vote becomes
registered to vote pursuant to this bill in the absence of
willful voter registration fraud, that person's registration
shall be presumed to have been effected with official
authorization and not the fault of that person.
17)Provides that if a person who is ineligible to vote becomes
registered to vote pursuant to this bill and votes or
attempts to vote in an election held after the effective date
of the person's registration, that person shall be presumed
to have acted with official authorization and shall not be
guilty of fraudulently voting or attempting to vote unless
that person willfully votes or attempts to vote knowing that
he or she is not entitled to vote.
18)Requires the SOS to adopt specified regulations to implement
this bill.
19)Addresses a potential chaptering issue with SB 589 (Block).
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Background
National Voter Registration Act. Among other things, 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 and 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. In an effort to
comply with the NVRA's requirements, the 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 with an estimated
implementation date no later than April 1, 2016. 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.
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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.
Comments
According to the author, Congress enacted the NVRA, 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:
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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.
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: (Verified9/8/15)
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
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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
Congregations Building Community
Consumer Attorneys of California
Los Angeles County Board of Supervisors
Los Angeles County Democratic Party
Mi Familia Vota Education Fund
Placer County Democratic Central Committee
San Diego Unified School District
Sierra Club California
State Coalition of Probation Organizations
University of California Student Association
OPPOSITION: (Verified9/4/15)
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,
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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
9/8/15 15:00:08
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