BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 439| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: SB 439 Author: Allen (D) Amended: 4/15/15 Vote: 21 SENATE ELECTIONS & C.A. COMMITTEE: 4-1, 4/21/15 AYES: Allen, Hancock, Hertzberg, Liu NOES: Anderson SENATE APPROPRIATIONS COMMITTEE: 5-2, 5/11/15 AYES: Lara, Beall, Hill, Leyva, Mendoza NOES: Bates, Nielsen SUBJECT: Election procedures: conditional voter registration: ballot on demand systems SOURCE: Author 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 ondemand printing systems. This system is commonly referred to as either "election day voter registration" or "same day voter registration." ANALYSIS: Existing law: SB 439 Page 2 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 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 (HAVA). 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. SB 439 Page 3 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: 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 SB 439 Page 4 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 SOS, 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 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 Ballot on Demand System as systems instead of each county having to seek individual SB 439 Page 5 approval. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: No According to the Senate Appropriations Committee: Minor administrative costs to the SOS (General Fund). The SOS will incur minor costs for revising existing regulations for purposes of certifying ballot on demand systems. SUPPORT: (Verified5/11/15) California Association of Clerks and Election Officials California Public Interest Research Group Secretary of State OPPOSITION: (Verified5/11/15) None received Prepared by:Darren Chesin / E. & C.A. / (916) 651-4106 5/13/15 16:37:49 **** END ****