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SB 641
THIRD READING
Bill No:
Author:
Amended:
Vote:
SB 641
Calderon (D)
5/31/11
21
SENATE ELECTIONS & CONST. AMEND. COMMITTEE: 3-2, 5/3/11
AYES: Correa, De León, 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 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
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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.
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
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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 votingeligible 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, 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 200910, were similar to this bill – dealing with one-stop voting. Both bills were
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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
Conditional regis/voting
--- unknown, potentially $500 ---
Fund
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 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
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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
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