BILL ANALYSIS �
SENATE COMMITTEE ON ELECTIONS
AND CONSTITUTIONAL AMENDMENTS
Senator Lou Correa, Chair
BILL NO: AB 84 HEARING DATE: 6/7/11
AUTHOR: FONG ANALYSIS BY: Frances Tibon
Estoista
AMENDED: AS INTRODUCED
FISCAL: YES
SUBJECT
Elections: new citizens
DESCRIPTION
Existing law allows individuals who are eligible to vote,
as specified, to execute an affidavit of voter registration
up to 15 days prior to an election.
Existing law defines a "new citizen" as an individual who
becomes a United States (U.S.) citizen after the 15th day
prior to an election but on or before the seventh day prior
to that election.
Existing law 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.
Existing law 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.
Existing law requires county elections officials to keep
open to public inspection a list of all persons who have
registered as new citizens.
This bill defines a "new citizen" as an individual who
becomes a U.S. citizen after the 15th day prior to an
election.
This bill 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.
BACKGROUND
Any citizen at least 18 years old that is a resident of
California may register to vote 15 days before an election.
There are limited exceptions to the registration deadline.
Similarly, current law allows new citizens to register to
vote up to seven days before an election.
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.
COMMENTS
1. According to the author : While the U.S. Citizenship
and Immigration Services tries to schedule
naturalization ceremonies with enough time to allow new
citizens to register to vote, unfortunately, some
individuals are naturalized less than seven days prior
to an election and are subsequently barred from voting
in their first election. Enthusiastic new citizens
hoping to cast their first ballot are often turned away
due to this prohibition.
This bill removes an unnecessary obstacle for new
citizens to participate in the state's electoral
process by permitting individuals who are sworn in as
new U.S. citizens in the final seven days prior to an
election to register to vote up until the close of
polls on election day, and to vote in that same
election. New citizens would be allowed to do this at
the office of the county elections official or at
AB 84 (FONG) Page
2
another location designated by the official.
If the first encounter with voting in California after
becoming a citizen is one of denial, this could have a
negative impact on further participation in the
democratic process. These new Americans are fully
eligible to vote under the state Constitution and
should be afforded the ability to exercise their most
basic democratic right and responsibility as citizens -
the right to vote.
2. 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."
3. Related and prior legislation . SB 641 (Calderon) of
this session, establishes conditional voter
registration whereby a person can register to vote, and
cast a ballot, all the way up to and including Election
Day. SB 641 recently passed out of the Senate
Appropriations Committee.
SB 382 (Oropeza) 2007 was substantially similar to this
bill but was vetoed by Governor Schwarzenegger. In his
veto message, the Governor stated, in part:
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.
AB 84 (FONG) Page
3
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
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 2005 was identical to this bill but
was held on the Senate Appropriations Committee's
suspense file.
AB 51 (Oropeza) of the 2002 was substantially similar
to this bill but was vetoed by Governor Davis. In his
veto message, the Governor stated, in part: 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.
PRIOR ACTION
Assembly Elections and Redistricting Committee: 5-2
Assembly Appropriations Committee: 11-5
Assembly Floor: 52-25
AB 84 (FONG) Page
4
POSITIONS
Sponsor: Author
Support: Asian Americans for Civil Rights & Equality
Asian Americans for Community Involvement
Asian Pacific American Legal Center
California Association of Clerks and Election
Officials
California Common Cause
California Communities United Institute
California Immigrant Policy Center
Coalition for Humane Immigrant Rights of Los
Angeles
Human Agenda
Mexican American Legal Defense and Educational
Fund
Services, Immigrant Rights and Education Network
The Greenlining Institute
Oppose: None received
AB 84 (FONG) Page
5