BILL ANALYSIS                                                                                                                                                                                                    �






                          SENATE COMMITTEE ON EDUCATION
                                 Carol Liu, Chair
                            2013-2014 Regular Session
                                         

          BILL NO:       AB 1817
          AUTHOR:        Gomez
          AMENDED:       June 5, 2014
          FISCAL COMM:   No             HEARING DATE: June 11, 2014
          URGENCY:       No             CONSULTANT:Lynn Lorber

          NOTE:  This bill has been referred to the Committees on  
          Education and Elections and Constitutional Amendments.  A "do  
          pass" motion should include referral to the Committee on  
          Elections and Constitutional Amendments.

           SUBJECT  :  Voter registration.
          
           SUMMARY
           
          This bill requires schools to allow any person authorized to  
          register voters to do so on high school campuses during  
          specified times, and authorizes high schools to appoint  
          students to be voter outreach coordinators.

           BACKGROUND
           
          Current law:

           Authorization to register voters
           
             1)   Requires the county elections official to provide  
               voter registration cards to any citizens or  
               organizations who wish to distribute the cards, other  
               than to people who have been convicted of violating  
               specified laws within the last five years.  Citizens and  
               organizations are permitted to distribute voter  
               registration cards anywhere within the county.  If the  
               person registering to vote allows another person to  
               submit the application to the county election office,  
               the person submitting the application is required to  
               sign and date the attached, numbered receipt indicating  
               his or her address and telephone number and give the  
               receipt to the elector.  Submission of another person's  








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               voter registration form to the elections official or by  
               mail must be within three days of receipt from a voter,  
               excluding Saturdays, Sundays, and state holidays.    
               (Elections Code � 2158 and � 2138)

             2)   Provides that any person who is a registered voter  
               qualifies for appointment by a county elections official  
               as a deputy registrar of voters.  
             (Elections Code � 2109)  



           High school voter weeks
           
          Establishes the last two full weeks in April and the last two  
          full weeks in September as "high school voter weeks," during  
          which time deputy registrars of voters must be allowed to  
          register students and school personnel on any high school  
          campus in areas designated by the school administration,  
          which are reasonably accessible to all students. (Education  
          Code � 49040)

           Voter registration forms at schools
           
             1)   Requires the Secretary of State provide every high  
               school, community college, and California State  
               University and University of California campus with  
               voter registration forms, and requires the number of  
               forms to be consistent with the number of students  
               enrolled at each school who are of voting age or will be  
               of voting age by the end of the year.  
             (Elections Code � 2146)

             2)   Requires the Secretary of State to include with the  
               registration forms information describing eligibility  
               requirements and that the completed form may be returned  
               in person or by mail to the elections official of the  
               county in which the student resides or to the Secretary  
               of State.  
             (Elections Code � 2146) 

             3)   Requires every high school, community college, and  









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               California State University campus to designate a  
               contact person and provide the address, telephone  
               number, and e-mail address, when possible, to the  
               Secretary of State in order to facilitate the  
               distribution of voter registration cards.  (Elections  
               Code � 2148)

             4)   States legislative intent that every high school  
               student receive a voter registration card with his or  
               her diploma and that every school do everything in its  
               power to ensure that students are provided the  
               opportunity and means to register to vote, including  
               providing voter registration forms at the start of the  
               school year, including voter registration forms with  
               orientation materials, placing voter registration forms  
               at central locations, and including voter registration  
               forms with graduation materials.

           Eligibility to register to vote   

             1)   Provides that a person is entitled to register to  
               vote if they are a United States citizen, a resident of  
               California, not in prison or on parole for the  
               conviction of a felony, and at least 18 years of age at  
               the time of the next election.  (Elections Code � 2101)

             2)   Authorizes a person who is at least 17 years of age  
               and otherwise meets all eligibility requirements to  
               submit an affidavit of registration.  
             (Elections Code � 2102)
           ANALYSIS

           This bill requires schools to allow any person authorized to  
          register voters to do so on high school campuses during  
          specified times, and authorizes high schools to appoint  
          students to be voter outreach coordinators. Specifically,  
          this bill:

          1)   Expands the individuals, from deputy registrars of  
               voters to people authorized by the county elections  
               official, who must be allowed to register students and  
               school personnel on any high school campus in areas  









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               designated by the school administration during high  
               school voter weeks.

          2)   Authorizes the administration of a high school to  
               appoint one or more students who are enrolled at that  
               high school to be voter outreach coordinators.  

          3)   Authorizes a voter outreach coordinator to coordinate  
               voter registration activities on the high school campus  
               that encourage people who are eligible to register to  
               vote, or other people who may submit an affidavit of  
               registration, to apply to register to vote by submitting  
               an affidavit of registration on paper or electronically  
               on the Secretary of State's electronic voter  
               registration system.

          4)   Authorizes a voter outreach coordinator, with the  
               approval of the school administration, coordinate  
               election-related activities on the high school campus,  
               including voter registration drives, mock elections,  
               debates, and other election-related student outreach  
               activities.  

           STAFF COMMENTS
           
           1)   Necessary  ?  Current law specifically permits citizens  
               and organizations to distribute voter registration cards  
               anywhere within the county.  People who register voters  
               are not required to be a registered voter, be a  
               particular age, or be a resident of the county.  Nothing  
               in current law prohibits a student, of any age, from  
               registering eligible voters, at any location.  Current  
               law requires schools to allow deputy registrars to  
               register voters on high school campuses during voter  
               weeks, but does not require schools to allow people who  
               are not deputy registrars from registering voters on  
               high school campuses. 

           2)   How to register a voter  .  Citizens or organizations that  
               are not deputy registrars are specifically authorized to  
               distribute as many voter registration cards as desired  
               within the county.  Registrants may submit the completed  









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               application to the county elections office in person or  
               by mail, or the registrant may allow another person to  
               submit the completed form.  If a person other than the  
               registrant submits the application, the person  
               submitting the application is required to sign and date  
               the attached, numbered receipt indicating his or her  
               address and telephone number and give the receipt to the  
               registrant.  Submission of another person's voter  
               registration form to the elections official or by mail  
               must be within three days of receipt from a voter,  
               excluding Saturdays, Sundays, and state holidays.

           3)   Restrictive  ?  While current law does not require schools  
               to allow students to register voters on campus, students  
               do not need statutory authority to register voters  
               regardless of location or dates.  It is possible that  
               this bill could inadvertently restrict the ability of  
               students to register voters on campus at times other  
               than during voter weeks and therefore, staff recommends  
               an amendment to state that students are not precluded  
               from registering voters on campus at any time, pursuant  
               to current law.  

           4)   Report on student voter registration  .  Current law  
               requires the Secretary of State to submit an annual  
               report to the Legislature on its student voter  
               registration efforts, including estimates as to how many  
               voter registration forms were sent to high schools,  
               community colleges, and California State University  
               (CSU) and University of California campuses, how many  
               voter registration forms were returned, and how many  
               voter registration forms were sent out to students  
               through a community college or CSU automated class  
               registration program.  According to the 2013 report, of  
               the 271 responses from high schools, 189 requested voter  
               registration applications.  Further, 156 high schools  
               indicated that the school's website includes a link to  
               the Secretary of State's online voter registration  
               application, and an additional 24,197 paper voter  
               registration applications were sent to high schools in  
               2013.  Data relative to the number of completed forms  
               returned is not disaggregated between high schools,  









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               community colleges, CSU campuses and University of  
               California campuses; overall rates of return are very  
               low.   
                http://www.sos.ca.gov/admin/reports/2013/student-voter-re 
               g.pdf  

           5)   Technical amendments  .  This bill authorizes the  
               administration of a high school to appoint one or more  
               students who are enrolled at that high school to be  
               voter outreach coordinators, and makes other references  
               to school administration.  Staff recommends amendments  
               to strike reference to the school administration and  
               instead reference the school principal or principal's  
               designee.  

          This bill references the submission of affidavits of  
               registration on the Secretary of State's electronic  
               voter registration system.  Staff recommends an  
               amendment to instead reference submissions on the  
               Internet website of the Secretary of State.

           SUPPORT
           
          None on file.

           OPPOSITION

           None on file.