BILL ANALYSIS
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THIRD READING
Bill No: SB 1434
Author: Price (D)
Amended: As introduced
Vote: 21
SENATE ELEC., REAP. & CONST. AMEND. COM. : 3-2, 4/20/10
AYES: Hancock, DeSaulnier, Liu
NOES: Denham, Strickland
SUBJECT : Voter registration: affidavits: rebuttable
presumptions
SOURCE : Secretary of State
DIGEST : This bill provides that if an affiant of voter
registration fails to identify his/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. The bill also
provides that it incorporates provisions of SB 6 if Senate
Constitutional Amendment 4 from the 2009-10 Regular Session
is approved by the voters which would, enact the Top Two
Primaries Act.
ANALYSIS : 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
CONTINUED
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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 provides that if an affiant of voter registration
fails to identify his/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. The bill also provides that
it incorporates provisions of SB 6 if Senate Constitutional
Amendment 4 from the 2009-10 Regular Session is approved by
the voters which would, if passed by the voters, enact the
Top Two Primaries Act.
Comments
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."
SCA 4 (Maldonado) Resolution Chapter 2, Statutes of 2009
(Proposition 14), which will appear on the June 2010
primary ballot, would enact the "Top Two Primaries Act" if
passed by the voters. SB 6 (Maldonado), Chapter 1,
Statutes of 2009, contains the codification language for
SCA 4 and only becomes effective if SCA 4 is adopted by the
voters. This bill contains technical conforming language
to SB 6 that will take effect only if Proposition 14
passes.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
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SUPPORT : (Verified 4/20/10)
Secretary of State (source)
ARGUMENTS IN SUPPORT : According to the author, this bill
creates a rebuttable presumption clarifying that if a
registrant fails to identify his/her place of birth, it is
presumed that he or she is eligible to register to vote as
long as he/she marked the box stating that he/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.
DLW:do 4/22/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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