BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 397| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 445-6614 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: SB 397 Author: Yee (D), et al. Amended: 8/26/11 Vote: 21 SENATE ELECT. & CONST. AMENDMENTS COMMITTEE : 3-2, 5/3/11 AYES: Correa, De León, Lieu NOES: La Malfa, Gaines SENATE APPROPRIATIONS COMMITTEE : 6-2, 5/26/11 AYES: Kehoe, Alquist, Lieu, Pavley, Price, Steinberg NOES: Walters, Runner NO VOTE RECORDED: Emmerson SENATE FLOOR : 25-14, 6/2/11 AYES: Alquist, Calderon, Corbett, Correa, De León, DeSaulnier, Evans, Hancock, Hernandez, Kehoe, Leno, Lieu, Liu, Lowenthal, Negrete McLeod, Padilla, Pavley, Price, Rubio, Simitian, Steinberg, Vargas, Wolk, Wright, Yee NOES: Anderson, Berryhill, Blakeslee, Cannella, Dutton, Emmerson, Fuller, Gaines, Harman, Huff, La Malfa, Strickland, Walters, Wyland NO VOTE RECORDED: Runner ASSEMBLY FLOOR : 50-27, 9/1/11 - See last page for vote SUBJECT : Online voter registration SOURCE : California Common Cause CONTINUED SB 397 Page 2 DIGEST : This bill permits online voter registration to begin prior to the completion of a new statewide voter registration database, if certain conditions are met. Assembly Amendments (1) specify that if an applicant for an affidavit of registration cannot electronically submit required information he/she shall nevertheless be able to complete the affidavit electronically on the Secretary of State's (SOS) Internet Web site, print a hard copy of the completed affidavit, and mail or deliver the hard copy of the completed affidavit to the SOS or the appropriate county elections official, (2) exempt the SOS from various information technology requirements, and from project and funding approvals, for the purposes of implementing this bill as expeditiously as possible, and (3) make legislative findings and declarations. ANALYSIS : Existing state law requires licensed persons to provide to the Department of Motor Vehicles (DMV) a signature and the DMV is required to digitize that signature and forward the digitized signature to the SOS if a person wishes to register to vote. Existing law will permit a person who is qualified to register to vote and who has a valid California driver's license or state identification card to submit an affidavit of voter registration electronically on the Internet Web site of the SOS. This provision will become operative when the SOS certifies that the state has a statewide voter registration database (VoteCal) that complies with the requirements of the federal Help America Vote Act of 2002 (HAVA). This bill: 1. Requires the DMV and the SOS to develop a process and the infrastructure to allow the electronic copy of the signature of a person who is registering to vote to be transferred to the SOS and to county election management systems to allow a person who is qualified to register to vote in California to register to vote electronically on the Internet Web site of the SOS. 2. Permits online voter registration to begin, pursuant to conditions outlined in existing law, on the date that either of the following occurs: CONTINUED SB 397 Page 3 A. The SOS certifies that the state has a statewide voter registration database that complies with the requirements of the HAVA; or, B. The SOS executes a declaration stating that the following conditions have occurred: (1) The United States Elections Assistance Commission has approved the use of HAVA funding to provide online voter registration in advance of the deployment of the statewide voter registration database, or other federal funding is available and approved for the same purpose; (2) The DMV and the SOS have developed a process and the infrastructure necessary to transfer the electronic copy of a person's signature from the DMV to the SOS and to county election management systems; and, (3) All county election management systems have been modified to receive and store electronic voter registration information received from the SOS in order to allow a person to register to vote pursuant to this bill. 3. Exempts the SOS from various information technology requirements, and from project and funding approvals, for the purposes of implementing this bill as expeditiously as possible. Background VoteCal and Online Voter Registration . Among other things, HAVA required every state to implement a single, uniform, official, centralized, interactive computerized statewide voter registration list defined, maintained, and administered at the state level. This statewide voter registration list will serve as the official list of eligible voters for any federal election held within the state. HAVA provided funds to states to develop voter registration lists and required each state to develop such a list by January 1, 2004. HAVA also provided a procedure, CONTINUED SB 397 Page 4 however, for states to request a waiver that extended the deadline to January 1, 2006. The SOS applied for, and received, such a waiver. At the time HAVA was approved, California was already using a statewide voter registration system known as Calvoter that achieved some of the goals of the voter registration list required by HAVA. However, Calvoter did not satisfy many of the requirements in that law, including requirements that the database be fully interactive and have the capability of storing a complete voter registration history for every voter. In January 2005, the SOS sought guidance from the U.S. Department of Justice (DOJ) regarding a plan for compliance with HAVA's statewide voter registration list requirements. Under the initial plan, the state would achieve interim short-term compliance with HAVA by January 1, 2006, through upgrades to Calvoter, with a plan for long-term compliance through the development and implementation of a new voter registration system, to be known as VoteCal. The DOJ, however, expressed concerns that this plan did not comply with the requirements of HAVA. Subsequent discussions between the SOS and the DOJ led to the adoption of a memorandum of agreement (MOA) between the two parties. In that MOA, the SOS committed to further upgrades to the Calvoter system to achieve short-term interim compliance with the requirements of HAVA, and to complete development and implementation of a longer-term solution for replacing the Calvoter system with a new permanent statewide voter registration system. In exchange, the DOJ agreed to refrain from initiating litigation in federal court against the state to enforce the voter registration list requirements of HAVA. Since that MOA was signed on November 2, 2005, the state has continued its efforts to develop the VoteCal system. After completing a planning process that is required by state law for all major technology projects, the procurement process began, and a final deadline for bids to be submitted for the VoteCal project was set for January 29, 2009. Of all the vendors who submitted bids for the VoteCal project, only one - Catalyst Consulting - met all the requirements of the request for proposal (RFP). Upon obtaining approvals for expenditure authority for the VoteCal costs, a contract was executed with Catalyst Consulting on September 8, 2009, and work on the VoteCal project commenced. CONTINUED SB 397 Page 5 However, on April 19, 2010, the SOS discovered that the vendor hired to develop and deploy the VoteCal system had not obtained a performance bond for the project, even though the RFP required the vendor to obtain such a bond within 21 days of the contract being executed. Additionally, the SOS and the independent project oversight consultant that was hired to oversee the VoteCal project both expressed concerns about the ability of Catalyst Consulting to meet the agreed-upon schedule for VoteCal to be deployed. On May 21, 2010, the SOS and Catalyst Consulting agreed to terminate the contract for the development of VoteCal. Since terminating the contract with Catalyst Consulting in May, the SOS, in coordination with the Department of General Services and the California Technology Agency, has begun the process again of awarding a contract for the development of VoteCal. A new RFP was issued on October 29, 2010 but a contract has yet to be awarded. The delay in the implementation of a statewide voter registration database that complies with HAVA has notable impacts on election administration in the state. Among other programs that have been signed into law and absent new legislation to provide otherwise, online voter registration will not go into effect until VoteCal is in place. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No According to the Assembly Appropriations Committee: 1. One-time costs of around $250,000 to the DMV, and one-time costs of $150,000 and ongoing costs of $40,000 to the SOS to develop and maintain online voter registration capability prior to implementation of the statewide voter registration database. Per this bill's requirements, these costs would have to be covered by federal funds. 2. To the extent this bill results in the availability of online voter registration sooner than the expected completion of the statewide voter registration database, and significant numbers of registrants use this option, the SOS, DMV, and counties will more quickly realize CONTINUED SB 397 Page 6 significant and ongoing savings from reduced paper processing of voter registrations. SUPPORT : (Verified 9/1/11) California Common Cause (source) AARP California Association of Clerks and Elections Officials California Church IMPACT California National Organization for Women California Nurses Association California Public Interest Research Group California State Council of the Services Employees International Union California State Student Association California Teachers Association Consumer Federation of California League of Women Voters of California Los Angeles County Board of Supervisors Los Angeles County Registrar-Recorder/County Clerk Pew Center on the States Election Initiatives Progressive States Action Rock the Vote San Mateo County Board of Supervisors Southwest Voter Registration Education Project University of California Student Association EDITORIAL - The Bakersfield Californian EDITORIAL - Sacramento Bee OPPOSITION : (Verified 9/1/11) Department of Motor Vehicles ARGUMENTS IN SUPPORT : According to the sponsors, current law allows voters to submit an affidavit of voter registration electronically under Elections Code Section 2196 once the VoteCal is implemented. Unfortunately, VoteCal is delayed until at least 2015. The voter registration process should be a catalyst, not a barrier to participation. It would be practical and convenient to allow for online voter registration. In fact, eleven states currently or soon will offer online registration, including North Carolina, Washington, Oregon, and Colorado. This change helped alleviate the expenses of election CONTINUED SB 397 Page 7 cycles in many states. In Arizona, one county went from paying 83 cents to three cents per registration. This bill authorizes counties to develop and use an electronic voter registration system for the electronic submission of an affidavit of voter registration. Under this bill, only people who are qualified to register to vote, who have a valid California driver's license or state identification card, and who reside in a county that chooses to participate in the online voter registration, will be able to participate. The provisions of this bill remain in effect only until the SOS certifies that the state has a statewide voter registration database that complies with the requirements of HAVA. This bill increases security, accuracy, and efficiency in voter registrations by creating a new avenue for voters to register online. Additionally, the registration information can be automatically verified for authenticity, increasing registration security and saving the state and counties time and resources. Voter registrations now are often handwritten and must be keyed in by county workers, whereas under this bill, many voters would be able to enter their own information directly - minimizing concerns about inaccuracies. In support of this bill, the Los Angeles County Board of Supervisors writes: "The federal National Voter Registration Act of 1993 provides for state departments of motor vehicles to make voter registration information and materials available to an applicant for a driver's license and other vehicular documents. Existing state law requires persons to provide the ÝDMV] a signature, and requires the DMV to digitize that signature and forward it to the ÝSOS] if a person wishes to register to vote. Under existing law, operative when the ÝSOS] certifies that the state has a statewide voter registration database, a person who is qualified to register to vote and who has a valid DMV-issued license or identification card may submit an affidavit of voter registration electronically on the Secretary of State's Internet Web site. Currently, it is estimated that more than one million Los Angeles County residents are eligible to register to vote but have not done so. Online voter registration would greatly expand access for many of these potential voters. In addition, CONTINUED SB 397 Page 8 the Los Angeles Registrar-Recorder notes that significant cost avoidances may be expected as the use of paper-based voter registration forms declines." ARGUMENTS IN OPPOSITION : DMV states: "Current law provides for an online voter registration system to be established once the statewide voter registration database (VoteCal) is deployed. The DMV continues to work with the SOS on the current business requirements to providing the SOS with digitized signatures necessary to implement VoteCal. SB 397 seeks interim online voter registration system be implemented while waiting for VoteCal to become operational, and in time for the 2012 election. Developing an interim system to online voter registration before the 2012 election would only be possible if all parties involved (SOS, DMV, counties and their election management systems providers) are able to fund and perform all of the programming required and in an extremely short timeframe. For the DMV, this presents a significant programming effort, pulling valuable information technology resources away from the department's mission critical Information Technology Modernization (ITM) project currently underway, as well as numerous legislatively mandated programming efforts. It is unlikely that the programming required by this bill could be accomplished in time for the 2012 election without jeopardizing other projects, including VoteCal itself" They believe that mandating DMV and the SOS to develop a process and infrastructure that provides for the applicant's signature now, without any assurance that these interim processes/efforts would be utilized or incorporated into the online voter registration system that will be developed as part of VoteCal, is not efficient use of valuable DMV information technology resources. ASSEMBLY FLOOR : 50-27, 9/1/11 AYES: Alejo, Allen, Ammiano, Atkins, Beall, Block, Blumenfield, Bradford, Brownley, Buchanan, Butler, Charles Calderon, Campos, Carter, Cedillo, Chesbro, Dickinson, Eng, Feuer, Fong, Fuentes, Furutani, Galgiani, CONTINUED SB 397 Page 9 Gatto, Gordon, Hall, Hayashi, Roger Hernández, Hill, Huber, Hueso, Huffman, Lara, Bonnie Lowenthal, Ma, Mendoza, Mitchell, Monning, Pan, Perea, V. Manuel Pérez, Portantino, Skinner, Solorio, Swanson, Torres, Wieckowski, Williams, Yamada, John A. Pérez NOES: Achadjian, Bill Berryhill, Conway, Cook, Donnelly, Fletcher, Beth Gaines, Garrick, Grove, Hagman, Halderman, Harkey, Jeffries, Jones, Knight, Logue, Mansoor, Miller, Morrell, Nestande, Nielsen, Norby, Olsen, Silva, Smyth, Valadao, Wagner NO VOTE RECORDED: Bonilla, Davis, Gorell DLW:kc 9/1/11 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED