BILL ANALYSIS �
AB 84
Page 1
Date of Hearing: March 15, 2011
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Paul Fong, Chair
AB 84 (Fong) - As Introduced: January 5, 2011
SUBJECT : Elections: new citizens.
SUMMARY : Authorizes a new citizen, as defined, to register and
vote until the close of polls on election day. Specifically,
this bill :
1)Defines a "new citizen" as an individual who becomes a United
States (US) Citizen after the 15th day prior to an election.
2)Allows a new citizen to register and vote at the office of, or
at another location designated by, the county elections
official at any time beginning on the 14th day before an
election and ending at the close of polls on election day.
EXISTING LAW :
1)Allows individuals who are eligible to vote, as specified, to
execute an affidavit of voter registration up to 15 days prior
to an election.
2)Defines a "new citizen" as an individual who becomes a US
citizen after the 15th day prior to an election but on or
before the seventh day prior to that election.
3)Allows new citizens, as defined, to register to vote during
the period beginning 14 days prior to an election, and ending
on the seventh day prior to an election.
4)Requires a new citizen who registers to vote after the regular
voter registration deadline to provide the county elections
official with proof of citizenship prior to voting, and to
declare that he or she has established residency in
California.
5)Requires county elections officials to keep open to public
inspection a list of all persons who have registered as new
citizens.
FISCAL EFFECT : Unknown. State-mandated local program; contains
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reimbursement direction.
COMMENTS :
1)Purpose of the Bill : According to the author:
Current law prohibits US citizens who have been sworn in
after the voter registration deadline for new citizens from
voting in their first election. AB 84 ensures all citizens
have the right to vote in California's elections.
Most new Americans are enthusiastic to cast their first
ballot in an election, but when their first experience with
voting in California is one of denial, because their
naturalization ceremony was held after the deadline, it may
discourage future participation in the democratic process.
These citizens are fully eligible to vote under the state
Constitution and should be afforded the ability to exercise
their most basic democratic right, but they are denied
because of a timing problem.
2)Rationale for Current New Citizen Voter Registration Deadline :
The current deadline for a new citizen to register and vote
by the seventh day prior to an election was modeled after
California's new resident law, which allows individuals who
have recently established residency in the state to register
at least seven days before the election.
The seven day time frame in the new resident law, and
subsequently in the new citizen law, is rooted in a 1970
amendment to the Federal Voting Rights Act. These amendments
did several things as it relates to states' residence
requirements for voting, including:
a) Provided that a state may not impose a durational
residency requirement as a qualification for voting.
b) Established nationwide uniform standards relative to
absentee registration and absentee balloting in
presidential elections, including setting a deadline for
voters to apply for an absentee ballot seven days prior to
an election.
c) Required states to allow new residents to vote either in
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person or by absentee ballot.
In an effort to comply with the new federal amendments,
California revised both its absentee ballot program and its
procedures for new resident registration and voting (AB 2029,
Chapter 1453, Statutes of 1971). California opted to have new
residents vote via absentee ballot only and imposed the
deadline of seven days prior to the election as the
registration deadline, because such was the timeframe required
by federal law for residents to apply for an absentee ballot.
3)Election Day Voter Registration : Previous legislation proposed
permitting election day voter registration for all eligible
voters in the state. Proponents of election day voter
registration argue that it would increase voter participation;
while opponents contend that it would clog the polls on
election day, and potentially increase voter fraud.
AB 84 applies only to those persons who have become US citizens
after the 15th day prior to an election, requires new citizens
to vote at the office of the county elections official, and
requires new citizens to provide proof of citizenship prior to
voting. As a result, the common arguments for and against
election day voter registration are less applicable to this
bill.
4)No Opportunity to Vote : The California Constitution provides
that "A United States citizen 18 years of age and a resident
in this state may vote." Under existing law, however, a
resident of California who is at least 18 years of age and who
becomes a citizen in the last few days before an election
would not be permitted to vote, even though that person meets
all the criteria in the state Constitution to vote, because
the current voter registration deadline for new citizens is
seven days before an election. The limited exception in
current law for new citizen voter registration does not
accommodate those individuals who become citizens after the
seven day registration deadline.
This is in contrast to the flexibility provided in current law
for individuals who reach the age of 18 in the last few days
before an election. Under existing law, an individual who is
17 years old may still register to vote, provided that the
individual will be 18 years of age at the time of the next
election. AB 84 proposes a similar accommodation for new
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citizens by allowing new citizens to register and vote until
close of polls on election day.
5)Existing Safeguards : In order to ensure that the new citizen
voting process is not abused, existing law requires a new
citizen registering to vote after the close of registration to
provide the elections official with proof of citizenship and a
declaration that the new citizen has established residency in
California. In addition, existing law requires the county
elections official to keep a list of all persons who
registered as new citizens that is open to public inspection.
This bill maintains those existing safeguards.
6)Arguments in Support : According to Asian Americans for Civil
Rights and Equality and the Asian Pacific American Legal
Center; "In order to improve civic participation, it is
imperative that our state policies and practices ensure
eligible Asian American and Pacific Islander (API) communities
and other voters can exercise their right to vote. This
legislation would eliminate the problem of enthusiastic new
citizens eager to cast their first ballot being turned away at
the polls. By creating avenues for individuals to engage in
civic life in California, we can include more segments of our
population in local and state decision-making processes."
7)Previous Legislation : SB 382 (Oropeza) of the 2007-08
Legislative Session was substantially similar to this bill but
was vetoed by Governor Schwarzenegger, who wrote in his veto
message:
One of the most basic rights of any citizen is the right
to vote. This is why current law provides a special
exemption for new citizens to register to vote up to
seven days before an election. This bill allows new
citizens whose naturalization ceremonies are held less
than seven days before an election to register on the
day of an election itself.
Allowing any group of people, regardless of the size of
the group, to register and vote on the same day poses
both logistical and security concerns. Voter
registration deadlines are in place to provide elections
officials a reasonable opportunity to verify
registration information. The People of California
recognized the importance of reasonable voter
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registration deadlines when they rejected Proposition 52
of 2002, which would have allowed for same-day
registration.
As an immigrant myself, I understand how exciting and
important it is for new citizens to participate in the
democratic process. Thankfully, few naturalization
ceremonies are conducted within seven days of an
election. I encourage the proponents of this measure
and the Secretary of State to work with the federal
government to ensure this continues to be the case.
Coordination between the state and federal government,
not enacting a law that inadvertently opens the door to
fraud, is the best way to help our state's newest
citizens.
AB 432 (Oropeza) of the 2005-06 Legislative Session was
identical to this bill but was held on the Senate Appropriations
Committee's suspense file.
AB 51 (Oropeza) of the 2001-02 Legislative Session was
substantially similar to this bill but was vetoed by Governor
Davis, who wrote in his veto message; "While extending the
deadline to register could potentially increase voter
participation, this legislation could pose logistical problems
for local elections officials in the final days of preparation
prior to an election. Additionally, it could result in
confusion of poll workers and voters by having voting and
registration activities occurring simultaneously on Election
Day."
REGISTERED SUPPORT / OPPOSITION :
Support
Asian Americans for Civil Rights and Equality
Asian Americans for Community Involvement
Asian Pacific American Legal Center
California Association of Clerks and Election Officials
California Common Cause
California Immigrant Policy Center
Coalition for Humane Immigrant Rights of Los Angeles
Greenlining Institute
Human Agenda
Mexican American Legal Defense and Educational Fund
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Services, Immigrant Rights and Education Network
Opposition
None on file.
Analysis Prepared by : Maria Garcia / E. & R. / (916) 319-2094