BILL ANALYSIS                                                                                                                                                                                                    






               SENATE COMMITTEE ON ELECTIONS, REAPPORTIONMENT AND  
                           CONSTITUTIONAL AMENDMENTS
                          Senator Loni Hancock, Chair


          BILL NO:   SB 1434             HEARING DATE:4/20/10
          AUTHOR:    PRICE               ANALYSIS BY:Frances Tibon  
          Estoista
          AMENDED:   AS INTRODUCED
          FISCAL:    NO
          
                                     SUBJECT
           
          Voter registration: affidavits: rebuttable presumptions

                                   DESCRIPTION  
          
           Existing law  requires a county elections official who  
          receives an affidavit of voter registration that does not  
          include portions of information for which space is  
          provided, to apply several rebuttable presumptions.  Those  
          presumptions include a presumption that if the affiant  
          fails to list a middle name or initial then no middle name  
          exists, and if the affiant fails to list a state of birth  
          within the United States then it is presumed that the place  
          of birth is in the United States if the affiant lists his  
          or her birthplace as the United States, U.S.A., or other  
          recognizable term designating the United States.

           This bill  would provide that if an affiant fails to  
          identify his or her place of birth, the county elections  
          official shall apply a rebuttable presumption that the  
          affiant is eligible to register to vote if he or she marked  
          the box on the affidavit of registration, executed under  
          penalty of perjury, that he or she is a citizen of the  
          United States. 

                                    BACKGROUND  
          
          Existing election law contains a number of rebuttable  
          presumptions that elections officials can make when a voter  
          does not fill in certain information on a voter  
          registration card.  For example, if no middle name or  
          initial is shown on the voter registration card, it is  
          presumed that none exists.  However, if a voter doesn't  
          fill in their state or country of birth, the law  requires   









          county elections officials to contact the voter before  
          processing the voter registration card.

                                     COMMENTS  
          
           1.According to the author  , "SB 1434 creates a rebuttable  
            presumption clarifying that if a registrant fails to  
            identify his or her place of birth, it is presumed that  
            he or she is eligible to register to vote as long as he  
            or she marked the box stating that he or she is a citizen  
            of the United States and signs the affidavit under  
            penalty of perjury.  This proposal will allow county  
            elections officials to process a voter registration card  
            that is missing this information without needing to  
            contact the registrant by phone or mail.  Counties may  
            realize a cost savings to the extent that staff is not  
            required to contact registrants to obtain this  
            information."

           2.Voter Registration Forms  .  It should be noted that the  
            federal registration form  does not  require a person to  
            identify their state or country of birth.  The sponsor  
            states that, "Since it is not a requirement on the  
            federal form and it is not used to determine a person's  
            eligibility to register, there is really no need for it  
            to be filled in on the state form."

          3.This bill also contains technical conforming language  
            that would take effect only if Proposition 14 (Top Two)  
            on the June 8, 2010 ballot is passed by the voters.

                                    POSITIONS  
          
          Sponsor: Secretary of State

           Support: None received

           Oppose:  None received




          SB 1434 (PRICE)                                        Page  
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