BILL ANALYSIS �
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
SB 641 (Calderon)
Hearing Date: 5/16/2011 Amended: 4/26/2011
Consultant: Maureen Ortiz Policy Vote: E&CA 3-2
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BILL SUMMARY: SB 641 establishes conditional voter registration
whereby a person can register to vote, and cast a ballot, all
the way up to and including elections day.
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Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13 2013-14 Fund
Conditional regis/voting ---------unknown,
potentially $500-------- General
*Reimbursable local mandate
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STAFF COMMENTS: This bill meets the criteria for referral to the
Suspense file.
Actual costs to establish a conditional voting program are
unknown, however, if every county incurred expenses of only
$10,000, the total costs would be $580,000 which would be
reimbursed from the General Fund as a local mandate. Counties
indicate that the increase in last minute voter registration
activity would necessitate additional labor, overtime,
computers, ballots, networks, and security. In addition,
counties may incur substantial staffing and overtime costs in
order to complete the processing of the increase in the number
of provisional ballots during the 28 day canvass period after an
election.
Current law requires a person to register to vote fifteen days
prior to an election, in order to cast a ballot at that
election. An exception is provided to persons who become new
United States citizens between 7 and 14 days before elections
day, and allows them to register and vote up to 7 days prior to
elections day.
SB 641 will allow a person to register to vote and cast a
provisional ballot to be counted if the conditional voter
registration is deemed effective by the county elections
official. The conditional voter registration will be deemed
effective only if the county elections official is able to
determine before or during the canvass period that the
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registrant is eligible to register to vote and that the
registrant has a valid California driver's license or state
identification number.
SB 641 requires each county elections official to offer
conditional voter registration and provisional voting at all
permanent offices, and would permit the official to offer this
registration and voting at satellite offices on elections day.
Elections officials will be required to advise registrants that
a conditional voter registration will be effective only if the
registrant is determined to be eligible to register to vote and
the registrant's California driver's license or state
identification number can be validated before or during the
canvass period for the election. Officials will be required to
conduct the receipt and handling of each conditional voter
registration in a manner that protects the secrecy of the
ballot. Elections officials will also be required to cancel
duplicate voter registrations.
SB 641 will increase the penalty for conviction of a crime
pertaining to an election from $10,000 to a fine of $25,000.
In order to be eligible to vote, existing law provides that an
individual must be a United States citizen, a resident of
California, not in prison or on parole for the conviction of a
felony, not deemed mentally incompetent, and at least 18 years
of age at the time of the next election.
This bill is intended to increase voter participation in
California. Recent data shows that only 76 percent of the
voting age population is registered to vote, and that California
is ranked 41st out of 50 states in voter turnout. The following
states have some form of Election Day voter registration:
Connecticut (for presidential elections only), Idaho, Iowa,
Maine, Minnesota, Montana, New Hampshire, North Carolina,
Wisconsin, and Wyoming.
SB 1140 (Yee), held on the Assembly Suspense File, and AB 1531
(Portantino), held on the Senate Suspense File, both of 2010,
would have established one-stop voting programs that would
enable eligible persons to register and vote up to and including
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on election day.