BILL ANALYSIS �
------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 641|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 445-6614 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: SB 641
Author: Calderon (D)
Amended: 5/31/11
Vote: 21
SENATE ELECTIONS & CONST. AMEND. COMMITTEE : 3-2, 5/3/11
AYES: Correa, De Le�n, Lieu
NOES: La Malfa, Gaines
SENATE APPROPRIATIONS COMMITTEE : 6-3, 5/26/11
AYES: Kehoe, Alquist, Lieu, Pavley, Price, Steinberg
NOES: Walters, Emmerson, Runner
SUBJECT : Elections: voter registration
SOURCE : Author
DIGEST : This bill establishes conditional voter
registration, using an affidavit of registration, whereby a
person would be permitted to register to vote after the
15th day prior to an election or on Election Day, and cast
a provisional ballot to be counted if the conditional voter
registration is deemed effective. This bill provides that
a conditional voter registration shall be deemed effective
only if the county elections official is able to determine
before or during the canvass period for the election that
the registrant is eligible to register to vote and has
provided at least once form of identification deemed
acceptable under the federal Help America Vote Act of 2002
(HAVA). If a conditional voter registration is not deemed
CONTINUED
SB 641
Page
2
effective pursuant to these new provisions, the elections
official would be required to process the affidavit of
registration as specified and, if the registrant meets all
other eligibility requirements to vote, the registration
would be deemed effective in forthcoming elections. This
bill requires the county elections official to offer
conditional voter registration and provisional voting at
its permanent offices. This bill also requires the county
elections official to cancel, as specified, duplicate voter
registrations that may arise due to conditional voter
registration. The penalty for conviction of a crime costly
increased, pertaining to an election from $10,000 to
$25,000.
ANALYSIS :
Existing law provides that an eligible elector may not vote
in an election unless his or her affidavit of registration
is executed and received by the county elections official
on or before the 15th day prior to the election. However,
existing law also permits an individual who becomes a new
United States citizen between seven and 14 days before
Election Day to register to vote up to seven days prior to
the election and to vote in that election.
Existing law specifies that in order to be eligible to
vote, 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.
Existing law requires a voter to mail or deliver the
affidavit to the county elections official, or submit it to
the Department of Motor Vehicles or any other public agency
designated as a voter registration agency.
This bill establishes conditional voter registration, using
an affidavit of registration, whereby a person would be
permitted to register to vote after the 15th day prior to
an election or on Election Day, and cast a provisional
ballot to be counted if the conditional voter registration
is deemed effective.
CONTINUED
SB 641
Page
3
This bill provides that a conditional voter registration
shall be deemed effective only if the county elections
official is able to determine before or during the canvass
period for the election that the registrant is eligible to
register to vote and that the registrant has provided at
least one form of identification deemed acceptable under
the federal Help America Vote Act of 2002.
This bill requires the elections official, if a conditional
voter registration is not deemed effective pursuant to
these new provisions, to process the affidavit of
registration as specified and, if the registrant meets all
other eligibility requirements to vote, the registration
would be deemed effective in forthcoming elections.
This bill requires the county elections official to offer
conditional voter registration and provisional voting at
its permanent offices.
This bill requires the county elections official to cancel,
as specified, duplicate voter registrations that may arise
due to conditional voter registration.
This bill increases the fine to $25,000 for conviction of a
crime pertaining to an election for which no fine is
prescribed, that a court may impose, in addition to any
prescribed imprisonment.
This bill makes various other minor and technical changes.
Other States . 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. North Dakota has no voter
registration requirement at all.
According to a study conducted by Dr. Michael McDonald,
Associate Professor at George Mason University, for the
United States Elections Project, nationwide turnout in the
2008 General Election among the voting-eligible population
(VEP) was 61.7 percent which was identical to turnout among
the VEP in California for that election. Among the states
that have some form of Election Day voter registration,
CONTINUED
SB 641
Page
4
turnout among the VEP for that election ranged from a low
of 63.4 percent in Iowa to a high of 78.1 percent in
Minnesota with an overall average of 68.7 percent.
2002 Initiative Measure . Proposition 52, which appeared on
the 2002 General Election ballot, would have allowed
eligible citizens, upon presenting proof of current
residence, to register up to and including Election Day.
That measure failed by a margin of 40.9 percent to 59.1
percent.
Prior/Related Legislation
SB 1140 (Yee) and AB 1531 (Portantino), both were from the
Session 2009-10, were similar to this bill - dealing with
one-stop voting. Both bills were retained on suspense in
the Assembly Appropriations Committee and the Senate
Appropriations Committee respectively.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13 2013-14 Fund
Conditional regis/voting --- unknown, potentially
$500 --- General
*Reimbursable local mandate
SUPPORT : (per Senate Elections & Constitutional
Amendments Committee analysis of 5/3/11-- unable to
reverify at time of writing)
Disability Rights California
University of California Student Association
California Common Cause
Rock the Vote
California Voting Rights Institute
OPPOSITION : (per Senate Elections & Constitutional
CONTINUED
SB 641
Page
5
Amendments Committee analysis of 5/3/11-- unable to
reverify at time of writing)
Howard Jarvis Taxpayers Association
ARGUMENTS IN SUPPORT : According to the author, it is a
fundamental principle of the United States that the people
should have access to our systems of democracy. However,
the voter registration process is often a barrier to
participation. California is ranked 41st out of 50 states
in voter turnout. In 2006, only 76 percent of the
voting-age population was registered. Research has shown
that election-day registration can considerably boost voter
turnout. This bill deletes the arbitrary timelines which
prevent eligible citizens from voting in elections. This
bill allows eligible citizens to register and vote up to
and including on Election Day.
ARGUMENTS IN OPPOSITION : Howard Jarvis Taxpayers
Association states, "Cost and fraud are among our major
concerns with this bill. We believe the costs that will be
placed on County Registrar of Voter officers will be
substantial. They will likely have to hire more staff or
recruit volunteers to handle the longer lines at the polls.
With half of California voters now voting absentee, county
registrars have already expressed concerns over their
ability to certify ballots within 30 days following an
election. One-stop voting enhances pressure on them, and
increases the likelihood of fraud. In our view 14 days is
enough time to ensure that our process of representative
democracy continues to function effectively for all
Californians."
DLW:kc 5/31/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED