BILL ANALYSIS                                                                                                                                                                                                    Ó






                         SENATE COMMITTEE ON ELECTIONS 
                         AND CONSTITUTIONAL AMENDMENTS
                           Senator Lou Correa, Chair


          BILL NO:   SB 113            HEARING DATE:  4/2/13
          AUTHOR:    JACKSON           ANALYSIS BY:   DARREN CHESIN
          AMENDED:   AS INTRODUCED 
          FISCAL:    YES
          
                                     SUBJECT

           Voter registration: preregistration of 15, 16, and 17  
          year-olds

                                   DESCRIPTION  
          
           Existing law  permits a person who is 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 to register  
          to vote. 

           Existing law  , pursuant to the federal Help America Vote Act  
          (HAVA), in part requires states to implement a statewide  
          voter registration database, as specified. 
           
          Existing law  also permits a person who is at least 17 years  
          of age and who otherwise meets all eligibility requirements  
          to vote to submit his or her affidavit of registration.   
          Such a properly executed registration is deemed effective  
          as of the date that the affiant will be 18 years of age,  
          provided that the information in the affidavit of  
          registration is still current at that time.  The registrant  
          must provide current information to the county elections  
          official before the registration becomes effective if the  
          information in the current affidavit is incorrect. 

           Existing law  provides that the provisions regarding  
          preregistration of 17 year-olds become operative only if  
          the Secretary of State (SOS) certifies that the state has a  
          statewide voter registration database that complies with  
          the requirements of HAVA.
           
          Existing law  requires the local registrar of births and  
          deaths to notify the county elections official monthly of  









          all deceased persons 17 years of age and over whose deaths  
          were registered with him or her or of whose deaths he or  
          she was notified by the state registrar of vital  
          statistics. 

           This bill  would lower the minimum age for purposes of  
          submitting an affidavit of registration pursuant to these  
          provisions from 17 to 15 years of age.  This bill would  
          make conforming changes to other related provisions of  
          existing law and would provide that this change will become  
          operative on January 1, 2014 and therefore not be  
          contingent upon certification of a HAVA compliant statewide  
          voter registration database. 

                                    BACKGROUND  
          
           Other States  .  According to the National Conference of  
          State Legislatures (NCSL), the following 14 states permit  
          voter registration before the age of 18, but none prior to  
          16 (and none permit voting until the age of 18): Alaska,  
          California, Delaware, Hawaii, Iowa, Kansas, Louisiana,  
          Maryland, Minnesota, Nevada, North Carolina, Oregon, Rhode  
          Island, and Wyoming.

          NCSL also reports that the following 12 states permit 17  
          year-olds to vote in the primary election (presidential  
          caucuses in Iowa) if the voter will turn 18 before the  
          general election: Connecticut, Indiana, Iowa, Kentucky,  
          Maine, Maryland, Mississippi, Nebraska, North Carolina,  
          Ohio, Vermont, and Virginia.

           VoteCal Status  .  The SOS has been in the process of  
          implementing a new statewide voter registration database  
          for several years, as required by the Federal Help America  
          Vote Act (HAVA) of 2002.  After difficulties with the prior  
          vendor and the termination of that contract, the SOS  
          recently announced the selection of a new contractor to  
          develop the new VoteCal statewide voter registration  
          database.  The Department of General Services approved the  
          contract on March 6, 2013.  The SOS estimates that VoteCal  
          will be fully implemented by 2016.

                                     COMMENTS  
           
          SB 113 (JACKSON)                                         
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          1.According to the author  , SB 113 would allow a person to  
            preregister to vote beginning at age 15, an age when  
            young people typically interact with state government for  
            the first time when they get their driver's permit at the  
            Department of Motor Vehicles.  SB 113 accelerates a  
            provision in existing law that would allow 17-year-olds  
            to pre-register to vote and expands it to include 15- and  
            16-year-olds.

          Since 1995, the federal Motor Voter Law has required states  
            to allow voter registration when applying for a driver's  
            license.  Nearly one-quarter of all Californians who are  
            eligible to vote are not registered to vote.  
            Participation is even lower among young voters, with only  
            half of eligible voters registered.

          In 2010, youth in the state made up 14.2% of the  
            population, but only 9.1% of registered voters. Studies  
            have shown that the earlier people are introduced to  
            voting, the more likely they are to become life-long  
            participants in democracy. 

          Preregistration allows young people receiving high school  
            civics education the opportunity to take concrete steps  
            towards becoming future voters.  Numerous studies have  
            shown that when young voters are registered they turn out  
            in high numbers.  A 2009 George Mason University study  
            found that pre-registration programs in Hawaii and  
            Florida encouraged young people to start voting and keep  
            voting.

          SB 113 would not change the voting age, which is 18.  But  
            it would allow youth to preregister to vote either  
            online, by mail, or at the DMV, beginning at age 15.   
            Assuming they meet all eligibility requirements, once  
            they turn 18, their registration would become active.

          Prior to their first election, county elections officials  
            will be encouraged to mail each pre-registrant a card to  
            confirm that they still wish to be registered to vote at  
            the address on their original application.  Addresses and  
            other changes can easily be updated online, at the DMV  
            using an address change form, or by mail.
           
          SB 113 (JACKSON)                                         
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          2.But Will It Work Here  ?  According to the California  
            Association of Clerks and Election Officials (CACEO),  
            existing voter registration systems operated at the  
            county level have no way to administer preregistration.   
            CACEO further states that without a way to electronically  
            manage preregistrations, counties will be at risk of  
            erroneously qualifying an illegible registrant to receive  
            a ballot or sign a petition, or failing to keep the early  
            registrant's "current information" that is normally  
            obtained via a pre-election address confirmation or USPS  
            data. 

          However, SOS staff insists that both DFM and DIMS, the two  
            predominant election management systems used by  
            California counties can accommodate preregistration by  
            utilizing "pending folders." 

          CACEO counters that staff who work with the files maintain  
            that it does not work when a voter has more than one pend  
            code and these voters will have multiple pend codes.

           3.Related Legislation  .  ACA 7(Mullin), which is pending in  
            the Assembly, would permit an otherwise eligible elector  
            who is 17 years old and will be at least 18 years of age  
            at the time of the next general election to register to  
            vote and vote in any intervening primary or special  
            election that occurs after the person registers to vote.  
                                        
                                   POSITIONS 

          Sponsor: Secretary of State

           Support: California Common Cause
                    California State Council of the Service Employees  
                   International Union 
                    CALPIRG
                    Rock the Vote
                    FairVote, The Center for Voting and Democracy
                    UCSB College Republicans
                    Vote Latino
               
           Oppose:  Numerous individuals


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          SB 113 (JACKSON)                                         
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