BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2433


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          Date of Hearing:  May 18, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          2433 (Travis Allen) - As Amended April 14, 2016


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          |Policy       |Elections and Redistricting    |Vote:|7 - 0        |
          |Committee:   |                               |     |             |
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          |             |Privacy and Consumer           |     |8 - 1        |
          |             |Protection                     |     |             |
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          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          This bill authorizes the Secretary of State (SOS) to join an  
          interstate voter data exchange, the Electronic Registration  
          Information Center (ERIC), and waives all California voter  
          confidentiality and voter data security laws in order to allow  
          the SOS to share confidential voter records with ERIC.   
          Specifically, this bill:  









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          1)Authorizes the SOS to apply for membership with ERIC and to  
            execute a membership agreement with ERIC on behalf of the  
            state.


          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 any other law, to provide  
            confidential information or data to persons or organizations  
            pursuant to an agreement entered into under this bill.


          FISCAL EFFECT:


          Ongoing General Fund costs for the SOS to contact, as required  
          by ERIC, all unregistered Californians identified by ERIC as  
          eligible to register. These costs are estimated at $1.7 million  
          to $2.5 million, in the first year, for four million to six  
          million mailings. Subsequent mailings could decline  
          significantly over time as more persons register. Partially  
          offsetting these costs would be savings averaging around  
          $220,000 annually from the SOS discontinuing a contract with the  
          Employment Development Department to verify voter records  
          against the National Change of Address database.


          The SOS would also have one-time General Fund costs of $55,000  
          to promulgate regulations and $25,000 for the initial membership  
          fee with ERIC. Subsequent annual dues to ERIC would be an  
          additional $50,000.


          COMMENTS:









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          1)Background. ERIC is a non-profit organization with the 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 that choose to join.  As of December  
            2015, Washington D.C. and 15 states are members of ERIC.


            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 vehicle department's  
            data. These records go through a data-matching exchange that  
            crosschecks the information against lists from other member  
            states as well as other data sources. ERIC then reports back  
            to the states where there is a "highly confident match"  
            indicating a voter moved or died, or the existence of a  
            duplicate record. Once states receive the reports they can  
            then begin the process to clean up the voter rolls, subject to  
            state and federal law. Participating states also receive  
            information on unregistered individuals who are potentially  
            eligible to vote, which allows them to reach out to those  
            citizens to encourage them to register to vote.


          2)Purpose. The author cites a report issued by the Presidential  
            Commission on Election Administration, which was established  
            in 2013 by Executive Order with the mission to identify best  
            practices in election administration and to make  
            recommendations to improve the voting experience. One of the  
            main recommendations reported by the Commission focused on  
            voter registration, specifically voter roll accuracy. In an  
            effort to increase the accuracy of voter rolls, the  
            Commission's report, in part, recommended that interstate  








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            exchanges of voter registration information should be  
            expanded.


          3)Current Voter Registration Maintenance. In March, California  
            deployed its new statewide voter registration system, called  
            VoteCal, which, in part, will 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. In addition to  
            VoteCal, California has numerous other processes for removing  
            duplicate voter records, deceased voters, felons, and people  
            who have moved. These checks are conducted with data from  
            federal agencies, including the Social Security  
            Administration, the United States Post Office National Change  
            of Address Program.  California also checks voter registration  
            data against information from Department of Vital Statistics,  
            DMV, the Department of Corrections and Rehabilitation, and the  
            Department of Health Services.  In addition, all county  
            elections officials receive reports from superior courts of  
            individuals convicted of felonies.


          4)Change in Privacy Policy. Current law requires voters'  
            California driver's license numbers, social security numbers,  
            and signatures to be kept strictly confidential and not  
            disclosed. Since participation in ERIC would include this as  
            part of the information about the state's 17 million voters  
            that the SOS would have to provide, this bill changes state  
            policy of protecting certain personal identifying voter  
            information from disclosure.


          5)Opposition. The American Civil Liberties Union opposes the  
            bill based on privacy concerns.










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          Analysis Prepared by:Chuck Nicol / APPR. / (916)  
          319-2081