BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 1461| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 AB 1461 Page 2 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 AB 1461 Page 3 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. AB 1461 Page 4 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 AB 1461 Page 5 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. AB 1461 Page 6 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). AB 1461 Page 7 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. AB 1461 Page 8 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: AB 1461 Page 9 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 AB 1461 Page 10 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, AB 1461 Page 11 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 **** END ****