BILL ANALYSIS �
AB
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ASSEMBLY THIRD READING
AB 84 (Fong)
As Introduced January 5, 2011
Majority vote
ELECTIONS 5-2 APPROPRIATIONS 11-5
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|Ayes:|Fong, Bonilla, Hall, |Ayes:|Fuentes, Blumenfield, |
| |Mendoza, Swanson | |Bradford, Charles |
| | | |Calderon, Campos, Davis, |
| | | |Gatto, Hill, Lara, |
| | | |Mitchell, Solorio |
|-----+--------------------------+-----+--------------------------|
| | | | |
|Nays:|Logue, Valadao |Nays:|Harkey, Donnelly, |
| | | |Nielsen, Norby, Wagner |
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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 (U.S.) 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 U.S.
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
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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 : According to the Assembly Appropriations
Committee, minor reimbursable costs to register and process
additional ballots of new citizens on Election Day and during
the week before Election Day.
COMMENTS : According to the author, "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."
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 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
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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. This bill proposes a similar accommodation for new
citizens by allowing new citizens to register and vote until
close of polls on Election Day.
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.
SB 382 (Oropeza) of 2007 was substantially similar to this bill.
SB 382 was vetoed by Governor Schwarzenegger, who expressed
concern that this bill could inadvertently open the door to
fraud.
Analysis Prepared by : Maria Garcia / E. & R. / (916)
319-2094
FN: 0000184