BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                   SB 397|
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                                 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


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           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: 

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             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, 

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          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.

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          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 

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             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 

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          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, 

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            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, 

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            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

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