BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       AB 1461|
          |Office of Senate Floor Analyses   |                              |
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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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