BILL ANALYSIS                                                                                                                                                                                                    �




                   Senate Appropriations Committee Fiscal Summary
                            Senator Kevin de Le�n, Chair


          SB 1061 (Block) - Voter Registration
          
          Amended: April 10, 2014         Policy Vote: Trans 8-3, E&CA 4-1
          Urgency: No                     Mandate: Yes
          Hearing Date: May 5, 2014       Consultant: Maureen Ortiz
          
          This bill meets the criteria for referral to the Suspense File.
          
          
          Bill Summary:  SB 1061 establishes a method for voter  
          registration when an individual applies for a new or renewed  
          driver's license or California identification card.

          Fiscal Impact: 
          
              Potentially $200,000-$300,000 annually to the Department of  
              Motor Vehicles (Special/General)

           Unknown, costs to county elections officials (General)

           One-time costs of $350,000 to the Secretary of State.

          The Department of Motor Vehicles (DMV) is still in the process  
          of completing a fiscal analysis at the time of this writing,  
          however, preliminary estimates are several hundred thousand  
          dollars annually related to increased field office processing,  
          the redaction of personal information on the application form,  
          and transmitting the forms to the county elections officials.   
          It is not clear where these funds will come from as it is  
          unlikely that the Motor Vehicle Account will be able to be used  
          for voter registration purposes.  Consequently, these costs may  
          need to be funded out of the General Fund.

          The Secretary of State will incur one-time costs of $350,000 for  
          the development, testing, and the building of interfaces with  
          DMV, VoteCal, and county election management systems.

          Background:  The National Voter Registration Act (NVRA) became  
          effective January 1, 1995 in order to enhance and increase  
          voting opportunities for eligible voters. The NVRA required  
          states to provide the opportunity to register to vote through  
          various methods, including at motor vehicle agencies.   








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          Additionally, NVRA imposed requirements on states to protect the  
          integrity of the electoral process and ensure that states  
          maintain accurate and current voter registration rolls.

          Proposed Law:  SB 1061 requires an application for a new or  
          renewed California driver's license, instruction permit, junior  
          permit, or identification card to:

          a)  Request information to establish whether the applicant  
          satisfies statutory voter registration requirements.

          b)  Include a method by which the applicant shall indicate  
          whether he or she is currently registered to vote.

          c)  Include a statement that, if the applicant satisfies  
          statutory voter registration requirements, and provides written  
          consent by signing the statement, he or she shall be registered  
          to vote, or pre-registered to vote if the individual is under  
          age 18.

          d)  Include a method by which the applicant may decline to be  
          registered to vote.

          e)  Contain a method on the application to indicate party  
          preference.

          f)  Request any other information required by state or federal  
          law in order to be registered to vote.

          SB 1061 requires the Department of Motor Vehicles to transmit an  
          electronic copy of the completed new or renewed driver's license  
          application to the county elections official for the county in  
          which the applicant resides if the application is fully  
          completed, the applicant has not indicated that he or she is  
          already registered to vote, and the applicant has provided  
          written consent by signing the application.  The DMV will be  
          required to redact any information that is not required for  
          voter registration from the electronic copy of the application  
          that is transmitted to the county elections official.

          SB 1061 requires the DMV, in consultation with the Secretary of  
          State (SOS), to develop a new driver's application form that  
          includes the information required for voter registration.  The  








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          DMV and SOS will be required to develop a process and the  
          infrastructure to allow the electronic copy of the applicant's  
          completed application for a new or renewed driver's license to  
          be transmitted to the county elections official. 

          Staff Comments:  Currently, every individual who applies for or  
          renews a California driver's license or identification card, or  
          changes his or her address, receives a voter registration card.   
          If a voter updates his or her address with a DMV office, the new  
          address is electronically transmitted to the SOS statewide voter  
          registration database, and the SOS then shares the information  
          with county elections officials.

          SB 1061 is intended to conform the voter registration  
          application process at the DMV to the standards of the National  
          Voter Registration Act.  Specifically the Act requires states to  
          provide an application for a driver's license or state  
          identification card that will serve as an application for voter  
          registration in a manner that doesn't require the applicant to  
          duplicate any information already provided on the form.  This  
          bill will allow a person to register to vote when at the DMV  
          office, by using a combined form that can be used to apply for a  
          driver's license or identification card and for registering to  
          vote in accordance with federal law.  It will also require the  
          application to be sent electronically to the county elections  
          official instead of through the postal service.

          Staff notes that to be valid, the voter registration card must  
          include the signature of the voter indicating they certify under  
          penalty of perjury that the information on the card is accurate.  


          SB 1061 provides that a person who is not currently registered  
          to vote and properly completes an application for a new or  
          renewed California driver's license, instruction permit, junior  
          permit, or identification card and who will not be 18 years of  
          age at the time of the next election, but others satisfies the  
          requirements to be registered to vote, shall be automatically  
          registered to vote at the time that he or she will be 18 years  
          of age, as specified.  This essentially provides for  
          pre-registration of voters and could be interpreted to allow the  
          voter pre-registration of 14, 15, and 16 year olds if they apply  
          to register to vote through the DMV.  However, the bill fails to  








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          amend existing code sections that allow for 17 year olds to  
          register to vote by affidavit of registration after the  
          implementation of the statewide voter registration database,  
          VoteCal.  SB 113 (Jackson), currently pending the Assembly, will  
          allow the pre-registration of 16 year olds.  Having different  
          age thresholds depending on where an individual pre-registers to  
          vote will undoubtedly result in confusion, and will add  
          increased costs if the pre-registration provision in SB 1061 is  
          not contingent upon the enactment of VoteCal.

          Recommended Amendments:  It is staff understanding that the  
          author will amend this bill to ensure that the combined form  
          which will be used as an application for a driver's  
          license/identification card AND a voter registration card will  
          include all of the information that is required on the affidavit  
          of registration.