BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  April 13, 2016


                  ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING


                                Shirley Weber, Chair


          AB 2433  
          (Travis Allen) - As Introduced February 19, 2016


          SUBJECT:  Voter registration database:  interstate exchange of  
          voter registration information.


          SUMMARY:  Requires the Secretary of State (SOS) to enter into  
          agreements to share voter registration information or data with  
          other states or groups of states in order to improve the  
          accuracy of voter registration lists, as specified.    
          Specifically, this bill:  


          1)Requires the SOS to enter into agreements to share information  
            or data that is in the possession of the SOS with other states  
            or groups of states in order to improve the accuracy of the  
            statewide voter registration database, as required under  
            existing law, as follows:


             a)   Requires the SOS to apply for membership with the  
               Electronic Registration Information Center (ERIC).   
               Requires the SOS, if the membership application is  
               approved, to execute a membership agreement with ERIC on  
               behalf of the state.  


             b)   Requires the SOS to execute a memorandum of  








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               understanding on behalf of the state to participate in the  
               Interstate Voter Registration Data Crosscheck Program  
               (Crosscheck).  


          2)Requires the SOS to ensure that any confidential information  
            or data provided by another state to the SOS remains  
            confidential while in his or her possession.


          3)Authorizes the SOS, notwithstanding specified provisions of  
            existing law or any other law, to provide confidential  
            information or data to persons or organizations pursuant to an  
            agreement entered into under the provisions of this bill.


          4)Permits the SOS to adopt regulations necessary to implement  
            the provisions of this bill.  


          EXISTING LAW:  


          1)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. 


          2)Requires a county elections official to cancel the  
            registration of any person if the mental incompetency of that  
            person is legally established, as provided.


          3)Requires each state, pursuant to the federal Help America Vote  
            Act of 2002 (HAVA), to implement a single, uniform, official,  
            centralized, interactive computerized statewide voter  
            registration list defined, maintained, and administered at the  
            state level that contains the name and registration  








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            information of every legally registered voter in the state and  
            assigns a unique identifier to each legally registered voter  
            in the state.  


          4)Requires certain information on affidavits of voter  
            registration, such as the name, home address, telephone  
            number, email address, and party affiliation, to be provided  
            to, among others, any person for election, scholarly,  
            journalistic, or political purposes, or for governmental  
            purposes, as determined by the SOS.


          5)Requires an affiant's driver's license number, identification  
            card number, social security number, and the signature  
            contained on an affidavit of registration or voter  
            registration card  to be confidential and not be disclosed, as  
            specified.  


          FISCAL EFFECT:  Unknown


          COMMENTS:  


          1)Purpose of the Bill:  According to the author:


               The Presidential Commission on Election Administration  
               submitted a report in 2014 stating the importance of  
               accurate voter rolls in state voter registration  
               systems in order to ensure the utmost integrity and  
               participation in elections. The report continues to  
               explain that the decentralized nature of the  
               administration of American elections may have its most  
               pronounced and demonstrable effects in the  
               registration system. Unlike other countries, the  
               United States does not maintain a list of registered  








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               voters at the national level. 





               Elections in our state are constantly evolving through  
               online registration, social media, the rise of online  
               marketing campaigns; we are changing the way in which  
               our state engages in the democratic process.  
               Unfortunately, voter registration systems remain  
               largely based on outdated programs and tools. The  
               inherent inefficiencies in our system result in  
               unnecessarily high costs, and make it difficult to  
               validate voter rolls. For example, 1 in 8 voter  
               registration records in America contain a serious  
               error, such as a wrong address or which county a voter  
               is residing in. In addition, more than 51 million  
               citizens, or 25 percent, remain unregistered to vote.





               The Commission concludes their report referenced above  
               by recommending that states participate in interstate  
               coordination programs that empower states to work  
               together to ensure they are utilizing the most  
               up-to-date information for the country's voters. This  
               will ensure the best voter experience, thus further  
               promoting trust and engagement in the election  
               process. 



               California will be joining Alabama, Nevada, Colorado,  
               Oregon Connecticut, Rhode Island, Delaware, Utah,  
               Louisiana, Virginia, Maryland, Washington, Minnesota,  
               Washington D.C., and more in these significant  








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               advances to bring our voter registration process into  
               the modern era.


          2)Election Registration Information Center (ERIC):  The ERIC  
            program is a non-profit organization with the sole mission of  
            assisting states to improve the accuracy of America's voter  
            rolls and increase access to voter registration for all  
            eligible citizens.  With the assistance of the PEW Charitable  
            Trust, ERIC was formed in 2013 and is owned, governed, and  
            funded by the states who choose to join.  As of December 2015,  
            Washington D.C. and 15 states are members of ERIC (Alabama,  
            Colorado, Connecticut, Delaware, Louisiana, Illinois,  
            Maryland, Minnesota, Nevada, Oregon, Pennsylvania, Rhode  
            Island, Utah, Virginia, and Washington.).   

          According to information provided on the ERIC website, the ERIC  
            data center allows states to securely and safely compare voter  
            data, thereby improving the accuracy of the voter rolls.  
            States that choose to participate in ERIC are able to compare  
            information on eligible voters from official data sources  
            submitted by the states.  Each member state submits at a  
            minimum its voter registration and motor vehicles department  
            data.  The data includes names, addresses, date of births,  
            driver's license (DL) or state identification number, and last  
            four digits of the social security number (SSN).  Other  
            information, such as phone numbers, emails addresses, and  
            record status, are also submitted as available.  Materials  
            further state that ERIC has safeguards in place that  
            anonymizes sensitive identifying data by converting it into  
            indecipherable characters that is unreadable and unusable to  
            potential hackers, such as "one-way hashing." 

          These records go through a data-matching exchange that cross  
            checks the information against lists from other member states  
            as well as other data sources such as the National Change of  
            Address data from the United States Postal Service and other  
            existing government databases, such as death records from the  
            Social Security Administration.  ERIC then reports back to the  








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            states where there is a highly confident match indicating a  
            voter moved or died, or the existence of a duplicate record.   
            It is unclear, however, exactly how many data points  
            constitute a match.  Once States receive the reports they can  
            then begin the process under federal and state law to clean up  
            the voter rolls.  Participating states also receive  
            information on unregistered individuals who are potentially  
            eligible to vote. This information will allow them to reach  
            out to those citizens to encourage them to register to vote.   
            Member states pay annual dues which vary depending on the  
            population size of the state.  Large states usually pay more  
            than small states.  

          This bill requires the SOS to enter into agreements to share  
            information or data that is in the possession of the SOS with  
            other states or groups of states in order to improve the voter  
            registration database.  Specifically, this bill requires the  
            SOS to apply for membership to the ERIC program and, if  
            approved, this bill requires the SOS to execute a membership  
            agreement with ERIC on behalf of the state.  Additionally,  
            this bill authorizes the SOS, notwithstanding existing law or  
            any other law, to provide confidential information or data to  
            persons or organizations if an agreement is entered into to  
            participate in ERIC.  

          3)Kansas Interstate Crosscheck Program (Crosscheck):  In  
            addition to applying for membership in the ERIC program, this  
            bill also explicitly requires the SOS to execute a memorandum  
            of understanding on behalf of the state to participate in  
            Crosscheck.  The Crosscheck program was launched in December  
            of 2005 by the Kansas Secretary of State's office.  Crosscheck  
            is a state-to-state matching program that compares a state's  
            voter list to the lists from other participating states for  
            the purpose of identifying possible double voting, where a  
            voter has allegedly cast ballots in multiple states during the  
            same election, as well as to identify duplicate voting  
            records.  According to Crosscheck's 2014 participation guide,  
            28 states are currently participating (Alaska, Arizona,  
            Arkansas, Colorado, Florida, Georgia, Idaho, Illinois,  








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            Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan,  
            Mississippi, Missouri, Nebraska, Nevada, North Carolina, Ohio,  
            Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota,  
            Tennessee, Virginia and Washington).  Oregon and Florida  
            recently ended their participation with Crosscheck.  According  
            to media articles, Oregon left Crosscheck because the data  
            they received was unreliable and they felt joining the ERIC  
            project would better meet their needs.  

          Crosscheck is run solely by the Kansas Secretary of State's  
            office.  According to the 2014 participation guide,  
            participating states are required to provide their voter list  
            data, which includes names, addresses, date of births, voter  
            identification number, last four digits of the SSN, date of  
            registration, and whether or not the person voted in the last  
            general election.  Crosscheck matches a state's voter list  
            against lists from other participating states and reports are  
            sent to states indicating "matches" or voters who appear to be  
            registered to vote in more than one state.  Under Crosscheck,  
            a match is identified when three fields (first name, last  
            name, and date of birth) are matched.  Other information such  
            as the middle name, name suffix and the last four digits of  
            the SSN are also included on the report, however, those data  
            points are not used to indicate a match.  Critics contend,  
            however, that without additional criteria, such as the last  
            four digits of a voter's SSN being required in order to  
            generate a match, there are more chances for this approach to  
            produce data which, if used improperly, could lead states to  
            remove otherwise valid voters.  Crosscheck's guide admits that  
            the program generates a high number of false positives, many  
            of which are the result of errors - voters sign the wrong line  
            in the poll book, election clerks scan the wrong line with a  
            barcode scanner, or there is confusion over the father/son  
            voters (Sr. and Jr.).  

          While there is no direct cost to participate in Crosscheck,  
            staff time and resources are required to rigorously perform  
            list maintenance evaluation of the data received from  
            Crosscheck.  Furthermore, the 2014 participant guide states  








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            that processing the duplicate registrations and researching  
            possible double votes requires a commitment of time at state  
            and local levels and suggests that given the effort required  
            to process the information accurately, some states may not be  
            able to commit the resources to process the results in a given  
            year.

          4)Access to Confidential Voter Registration Information:   
            Current law requires certain information from affidavits of  
            voter registration, such as the name, home address, telephone  
            number, email address, and party affiliation, to be provided  
            to, among others, any person for election, scholarly,  
            journalistic, or political purposes, or for governmental  
            purposes, as determined by the SOS.  Existing law explicitly  
            requires an affiant's driver's license number, identification  
            card number, social security number, and the signature  
            contained on an affidavit of registration or voter  
            registration card  to be confidential and not be disclosed, as  
            specified.  

          This bill changes California's longstanding policy to keep  
            certain personal identifying voter information confidential.   
            As mentioned above, this bill requires the SOS to apply for  
            membership to the ERIC program and to execute a MOU to  
            participate in the Crosscheck, as specified, and authorizes  
            the SOS to provide confidential information or data to persons  
            or organizations if an agreement is entered into to  
            participate in ERIC and Crosscheck.  

          The ERIC bylaws require the SOS to provide the following data  
            fields, if available, for both the voter registration lists  
            and DMV lists: all name fields, all address fields, DL or  
            state identification number, last four digits of the SSN, date  
            of birth, activity dates as defined by the ERIC Board of  
            Directors, current record status, affirmative documentation of  
            citizenship, the title/type of affirmative documentation of  
            citizenship presented, phone number, and email address or  
            other electronic contact method.  Crosscheck requires  
            participating states to share the following data fields: first  








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            name, middle name, last name, suffix name, addresses, date of  
            births, voter identification number, last four digits of the  
            SSN, date of registration, and whether or not the person voted  
            in the last general election.

          In order to participate in both programs, the SOS would be  
            required to share personal identifying information such as a  
            voter's DL number, SSN, and date of birth, two of which are  
            currently prohibited by law from being disclosed.  

          Furthermore, the bill does not contain any requirements for the  
            SOS to inform a voter that their personal voter registration  
            information is being shared, nor does the bill require a voter  
            to consent to their information being shared.  The committee  
            may wish to consider whether this policy change will set a new  
            precedent that allows a voter's personal information to be  
            shared without their consent.

          5)Protecting Confidential Voter Registration Information:   
            Despite requests from committee staff, no evidence was shared  
            with the committee to demonstrate that both ERIC and  
            Crosscheck have security measures in place to ensure  
            California voter's personal identifiable information is  
            protected.  According to documents from the ERIC website,  
            there are three primary components to ERIC's data matching  
            process: data collection, anonymization, and file transfer.   
            To ensure sensitive information, such as last four digits of  
            the SSN and DL number, ERIC provides an anonymization  
            application to each participating jurisdiction.  The  
            anonymization, also known as "one-way hashing," converts  
            sensitive identifying data into indecipherable characters that  
            is unreadable and unusable to potential hackers.  Documents  
            state that to further strengthen the security measures around  
            the data, all records are sent through the anonymization  
            process twice - once at the state level, before data is ever  
            sent to ERIC, and once by ERIC as it receives data.  States  
            are then given account credentials to access a secure file  
            transfer protocol (sFTP) site where their anonymized files are  
            uploaded to a state-specific location.  ERIC proceeds to run  








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            and generate reports that are available for state-specific  
            download on the same sFTP site.  According the ERIC's  
            membership agreement, participating states are required to  
            upload voter data every 60 days.  

          According to Crosscheck's 2014 participant guide, participating  
            states are required, once a year in January, to upload their  
            voter registration files, using prescribed formats, to a sFTP  
            site that is hosted by the state of Arkansas.  Once data is  
            uploaded, the state of Kansas then downloads the files,  
            deletes everything from the sFTP site, runs the data  
            comparison, and uploads individual state result files back to  
            the sFTP site.  According to the guide, at each stage of the  
            process, data files are encrypted and zipped, however no  
            detailed information is provided as to how that is  
            accomplished.  After data files are uploaded back onto the  
            sFTP site, participating states download the results and  
            process the results in accordance with state and federal laws  
            and regulations.  Once that is completed, Kansas deletes all  
            other states' data.  

          6)Statewide Voter Registration Database:  On October 29, 2002,  
            President George W. Bush signed HAVA. Enacted partially in  
            response to the 2000 Presidential election, HAVA was designed  
            to improve the administration of federal elections. Among  
            other provisions, HAVA requires every state to implement a  
            computerized statewide voter registration list maintained at  
            the state level. This statewide voter registration list will  
            serve as the official list of eligible voters for any federal  
            election held within the state. 



          At the time HAVA was approved, California was already using a  
            statewide voter registration system, known as Calvoter, which  
            achieved some of the goals of the voter registration list  
            required by HAVA. However, Calvoter did not satisfy many of  
            the requirements in that law, including requirements that the  
            database be fully interactive and have the capability of  








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            storing a complete voter registration history for every voter.  


          After a number of delays, the VoteCal system has finally been  
            developed, and as of March of this year, is live in all 58  
            counties and all deployment waves are complete.  Over the next  
            few months VoteCal will need to complete many more tasks  
            before it can be certified as the system of record for voter  
            registration information in California.  Tasks and testing  
            include mock elections, on-going performance testing, and  
            analyzing and monitoring the data in VoteCal.  The current  
            project schedule provides for certification to occur by June  
            2016.

          The implementation of VoteCal will make much needed improvements  
            to the administration of elections in California.  For  
            instance, VoteCal will help streamline the voter registration  
            process, including allowing voters to update their voter  
            registration records seamlessly when they update their address  
            with the Department of Motor Vehicles or with the state's  
            Employment Development Department. VoteCal will also make it  
            easier and more efficient for elections officials to do "list  
            maintenance," including identifying and eliminating duplicate  
            registrations, transferring a voter's record from one county  
            to another when the voter moves, and canceling the  
            registrations of individuals who are no longer eligible to  
            vote.
          Moreover, VoteCal will have the capability of storing a complete  
            voter registration history for every voter.  Whenever a voter  
            reregisters or transfers his or her registration from one  
            precinct to another the voter's registration history will be  
            maintained and updated in the state voter registration  
            database, rather than requiring a voter's prior registration  
            to be canceled.

          7)Voter File Maintenance:  A variety of methods are used to  
            ensure voter registration rolls are accurate and up-to-date  
            with the goal of maintaining an accurate list to prevent  
            ineligible people from voting, prevent anyone from voting  








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            twice, and to reduce inaccuracies and speed up the voter  
            check-in process at polling places.  States vary on how this  
            is accomplished, but most generally have processes in place  
            for removing duplicate records, deceased voters, felons, and  
            people who have moved.  These checks can be conducted with  
            data from federal agencies, state agencies, and other states.   
            In California, federal agencies used to verify voter  
            information include the Social Security Administration, the  
                                                                      United States Post Office and National Change of Address  
            files.  On the state level, voter registration data is  
            cross-checked with information from Department of Vital  
            Statistics, Department of Motor Vehicles (DMV), the Department  
            of Corrections and Rehabilitation, and the Department of  
            Health Services.  On the local level, current law requires the  
            clerk of the superior court of each county to provide reports  
            to the county elections officials that list individuals  
            convicted of felonies and requires county elections officials  
            to conduct a pre-election residency confirmation procedure by  
            the 90th day before each statewide primary election, as  
            specified.  



          According to a 2014 National Conference of State Legislatures  
            report, states also cooperate in a variety of ways to ensure  
            accuracy of voter registration and to prevent duplicate vote  
            records.  For instance, if a new voter in a state fills out a  
            voter registration form and indicates that he or she was  
            registered in another state previously, jurisdictions will  
            typically inform the other state that the voter has moved.   
            That is the current practice in California.  However,  
            according to the report, in recent years there has also been  
            an increased focus on interstate database comparisons such as  
            ERIC and Crosscheck.  These allow participating states to  
            directly compare their data to identify potential duplicate  
            registrations or inaccuracies.  In order to participate in  
            these programs some states have needed to pass authorizing  
            legislation while others are able to participate without  
            legislation.  








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          8)Presidential Commission:  In 2013, the Presidential Commission  
            on Election Administration (Commission) was established by  
            Executive Order with the mission to identify best practices in  
            election administration and to make recommendations to improve  
            the voting experience.  The Commission submitted a report in  
            January 2014 entitled, "The American Voting Experience: Report  
            and Recommendations of the Presidential Commission on Election  
            Administration."  One of the main recommendations reported by  
            the Commission focused on voter registration, specifically  
            voter roll accuracy.  The report states that voter lists are  
            essential to the management of elections and accurate lists  
            can affect the ability of people to vote, of elections offices  
            to detect problems, and of courts and others monitoring  
            elections to detect election fraud or irregularities.   
            Moreover, the report contends that states, counties and local  
            elections officials face two major challenges - outdated  
            paper-based registration record keeping systems and a fairly  
            mobile population.  According to the report, while the country  
            is now much better off with the statewide voter registration  
            lists mandated by HAVA, prior to HAVA, counties were in charge  
            of voter registration lists in most states and voters who  
            moved between counties or states would sometimes appear on two  
            county registration lists for a considerable time.  In an  
            effort to increase the accuracy of voter rolls, the Commission  
            report makes the following recommendations with respect to  
            voter registration: 1) States should adopt online  
            registration, 2) Interstate exchanges of voter registration  
            information should be expanded, and, 3) States should  
            seamlessly integrate voter data acquired through the DMV with  
            their statewide voter registration lists.  



          9)Arguments in Opposition:  In opposition, the American Civil  
            Liberties Union of California writes:











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               Crosscheck is used by participating states for voter  
               list maintenance purposes. Unfortunately, Crosscheck  
               has the potential to be used to improperly purge  
               voters, and therefore joining Crosscheck could  
               disenfranchise thousands of California voters, a  
               disproportionate number of whom are people of color. 



               States participating in Crosscheck share data in an  
               attempt to identify voters who have moved between  
               participating states or who may be registered or have  
               voted in multiple states. The standard procedure used  
               by Crosscheck for identifying such a voter compares  
               only first name, last name, and date of birth.  
               Statistical research demonstrates that many  
               individuals share these data points, which increases  
               the difficulty of precise list matching procedures.  
               One example that illustrates the difficulty of relying  
               upon a match of minimum categories is the purging of  
               Florida Governor Rick Scott from the voter rolls in  
               2006 due to a mistaken belief that he was dead.   
               Another example is Chesterfield County, Virginia,  
               which found a 17% error rate among active voters on  
               their matches from Crosscheck. 



               Additionally, Crosscheck has been shown to  
               disproportionately match non-white voters. A 2014  
               report by Al Jazeera found that black voters were 45%  
               over represented in Crosscheck "matches." Hispanic  
               (24% overrepresented) and Asian (31% overrepresented)  
               voters were also disproportionately matched on the  
               lists of suspected double voters identified by  
               Crosscheck.











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          10)Double Referral:  This bill is double-referred to the  
            Assembly Privacy and Consumer Protection Committee.

          REGISTERED SUPPORT / OPPOSITION:




          Support


          FairVote


          Howard Jarvis Taxpayers Association


          One individual




          Opposition


          American Civil Liberties Union of California




          Analysis Prepared by:Nichole Becker / E. & R. / (916) 319-2094
















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