BILL ANALYSIS Ó
SENATE COMMITTEE ON
ELECTIONS AND CONSTITUTIONAL AMENDMENTS
Senator Benjamin Allen, Chair
2015 - 2016 Regular
Bill No: SB 439 Hearing Date: 4/21/15
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|Author: |Allen |
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|Version: |4/15/15 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|Darren Chesin |
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Subject: Election procedures: conditional voter registration:
ballot on demand systems
DIGEST
This bill permits county elections officials to offer
conditional voter registration and provisional voting at
satellite offices during the entire 14 days immediately
preceding Election Day and establishes criteria for the use of
ballot on-demand printing systems. This system is commonly
referred to as either "election day voter registration" or "same
day voter registration."
ANALYSIS
Existing law:
1.Provides that a properly executed affidavit of voter
registration shall be deemed effective upon receipt by the
elections official if postmarked or received on or before the
15th day prior to an election to be held in the registrant's
precinct.
2.Provides for conditional voter registration whereby a
qualified person may register to vote after the 15th day prior
to an election or on election day, and cast a provisional
ballot which will be counted if the conditional voter
registration is deemed effective.
3.Requires county elections officials to offer conditional voter
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registration and provisional voting at its permanent offices,
and permits them to offer this type of registration and voting
at satellite offices on election day.
4.Specifies that conditional voter registration as described
above becomes operative on January 1 of the year following the
year in which the Secretary of State (SOS) certifies that the
state has a statewide voter registration database that
complies with the requirements of the federal Help America
Vote Act of 2002. It is anticipated that this statewide voter
database will become operative in 2016, therefore conditional
voter registration will commence in 2017.
5.Requires the SOS to adopt regulations governing the
manufacture, finishing, quality standards, distribution, and
inventory control of ballot cards and requires the biennial
inspection of the manufacturing, finishing, and storage
facilities involving ballot cards.
6.Requires the SOS to also approve each ballot card manufacturer
or finisher before a manufacturer or finisher provides ballot
cards for use in California elections.
This bill:
1.Permits county elections officials to offer conditional voter
registration and provisional voting at satellite offices after
the 15th day prior to an election through and including
election day.
2.Requires the SOS to adopt regulations for purposes of
certifying ballot on demand systems and requires the SOS to
approve each ballot on demand system before the system is
deployed for use in California elections.
3.Prohibits a jurisdiction from purchasing, leasing, or
contracting for, and a vendor, company, or person from
selling, leasing, or contracting with a jurisdiction for, a
ballot on demand system unless the ballot on demand system has
been certified by the SOS.
4.Defines "ballot on demand system" as a self-contained system
that allows users to do any of the following on an as-needed
basis:
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A. Manufacture or finish ballot sheets or unfinished ballot
cards.
B. Manufacture and finish card stock.
C. Finish unfinished ballot cards into ballot cards.
BACKGROUND
Pending Election Day Registration in California . AB 1436
(Feuer), Chapter 497, Statutes of 2012, provided for Election
Day voter registration in California but it will not be
implemented until 2017, following the certification of VoteCal,
the new HAVA-compliant statewide voter database. While AB 1436
requires county elections officials to offer voter registration
and concurrent voting by provisional ballot at the official's
permanent office during the 14 days following the normal close
of registration through Election Day it limits this convenience
to electors at satellite office locations to only Election Day
itself.
Election Day Voter Registration in Other States . According to
the National Conference of State Legislatures (NCSL), 10 states
plus the District of Columbia presently offer election day voter
registration, allowing any qualified resident of the state to go
to the polls or an election official's office on Election Day,
register that day, and then vote. Like California, Hawaii has
also enacted election day voter registration but has not yet
implemented it. Illinois piloted election day voter
registration at limited locations during the 2014 General
Election and it will be implemented statewide June 1, 2015. In
most other states, voters must register by a deadline prior to
Election Day. The deadline varies by state, with most falling
between eight and 30 days before the election.
Ballot on Demand Systems . Ballot on demand printing systems are
used in elections official's offices and other locations in
order to provide any voter with his or her proper ballot
regardless of the precinct to which the voter is assigned.
While some counties are currently using ballot on demand
printing systems that have been approved by prior Secretaries of
State, current statutes require the approval process to be
conducted on a county by county (and location by location) basis
which is very cumbersome and serves as a disincentive for
counties to participate. For instance, if a single county wants
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to use a ballot on demand system, that county would have to seek
separate approval for each location where they anticipate usage.
COMMENTS
1.According to the author : As a way of accommodating what should
be an enormous number of last-minute registrants, SB 439 will
allow county elections officials to offer voter registration
and voting at satellite offices during the entire 14 days
immediately preceding Election Day in addition to their main
offices.
In order to facilitate this process more cost-effectively and
make the experience quicker and more convenient for voters, SB
439 will also establish clear statutory authority and criteria
for the use of ballot on demand printing systems. The SOS
will then be free to certify the BODs as systems instead of
each county having to seek individual approval.
RELATED/PRIOR LEGISLATION
AB 1436 (Feuer), Chapter 497, Statutes of 2012. See
"Background" above, for a description.
POSITIONS
Sponsor: Author
Support: Secretary of State
California Association of Clerks and Election
Officials
California Public Interest Research Group (CalPIRG)
Oppose: None received
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