BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       AB 1020|
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                                   THIRD READING 


          Bill No:  AB 1020
          Author:   Ridley-Thomas (D)
          Amended:  9/1/15 in Senate
          Vote:     21  

           SENATE ELECTIONS & C.A. COMMITTEE:  4-0, 7/7/15
           AYES:  Allen, Hancock, Hertzberg, Liu
           NO VOTE RECORDED:  Anderson

           SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

           ASSEMBLY FLOOR:  74-0, 5/22/15 - See last page for vote

           SUBJECT:   Elections: voter registration


          SOURCE:    Secretary of State Alex Padilla

          DIGEST:   This bill updates key Elections Code statutes and  
          deletes obsolete provisions in anticipation of the deployment of  
          the federally mandated VoteCal statewide voter registration  
          database.

          Senate Floor Amendments of 9/1/15 add double-jointing language  
          to avoid chaptering problems with SB 589 (Block) and AB 477  
          (Mullin) and also restore provisions relating to the  
          verification of signatures to the version that was approved in  
          policy committee.

          ANALYSIS: 
          
          Existing law:









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          1)Requires, pursuant to the federal Help America Vote Act (HAVA)  
            of 2002, every state to implement a computerized statewide  
            voter registration list defined, maintained, and administered  
            at the state level.  

          2)Provides that a person is entitled to register to vote if he  
            or she 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 registration.

          3)Authorizes county elections officials, under specified  
            circumstances and in order to promote and encourage voter  
            registrations, to deputize as registrars qualified citizens to  
            register voters anywhere within the county.

          4)Sets forth the deadlines by which county elections officials  
            must accept affidavits of registration which is generally at  
            all times except during the 14 days immediately preceding an  
            election except under forthcoming provisions permitting  
            "conditional" registration of voters in conjunction with  
            provisional voting after this deadline up to and including  
            Election Day.

          5)Specifies that conditional voter registration as described  
            above becomes operative on January 1 of the year following the  
            year in which the Secretary of State (SOS) certifies that the  
            state has a statewide voter registration database that  
            complies with the requirements of HAVA.  It is anticipated  
            that this statewide voter database will become operative in  
            2016, therefore conditional voter registration will commence  
            in 2017.

          6)Permits specified voters to apply for and receive confidential  
            voter status.

          7)Provides that a person who obtains signatures or other  
            information collected for an initiative, referendum, or recall  
            petition shall not send that information outside of the United  
            States or make it available in any way electronically to  
            persons outside the United States, including, but not limited  
            to, access over the Internet.

          This bill: 








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          1)Updates numerous sections of the Elections Code and deletes  
            numerous obsolete sections in anticipation of the deployment  
            of the federally mandated VoteCal statewide voter registration  
            database.

          2)Provides that a person is entitled to preregister to vote in  
            an election if, among other things, that person is at least 16  
            years of age but is not eligible to vote until he or she is 18  
            years of age and makes other conforming changes related  
            thereto.

          3)Deletes references in the code to deputy registrars of voters  
            and makes conforming changes to related provisions of law.

          4)Deletes various existing provisions of law regarding the  
            timing of acceptance of affidavits of registration and  
            consolidate these and other related code sections into a  
            single section that consolidates deadlines for voter  
            registration, re-registration, and updating of registrations  
            that also reflects anticipation of the start of conditional  
            voter registration.

          5)Makes corresponding changes to the process whereby specified  
            voters may apply for and receive confidential voter status in  
            anticipation of VoteCal.

          6)Provides, additionally, that a person who obtains signatures  
            or other information collected for a political party  
            qualification petition shall not send that information outside  
            of the United States or make it available in any way  
            electronically to persons outside the United States,  
            including, but not limited to, access over the Internet.

          7)Corrects incorrect cross-references and deletes numerous  
            obsolete provisions of law.

          8)Becomes operative only if the SOS certifies that the state has  
            a statewide voter registration database that complies with  
            HAVA.

          9)Includes language to avoid chaptering problems with SB 589  
            (Block) and AB 477 (Mullin).

          Background







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          VoteCal.  HAVA requires every state to implement a computerized  
          statewide voter registration list defined, maintained, and  
          administered at the state level.  At the time HAVA was approved,  
          California was already using a statewide voter registration  
          system, known as Calvoter, which achieved some of the goals of  
          the voter registration list required by HAVA.  However, Calvoter  
          did not satisfy all 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 order to meet the statewide voter registration requirements  
          outlined in HAVA, California made upgrades to the Calvoter  
          system to achieve interim compliance while the state developed a  
          new permanent statewide voter registration system.  The new  
          system, which is currently in development, is known as VoteCal.   
          The VoteCal system is currently on track for full implementation  
          in 2016.

          VoteCal will include a number of new key features and upgrades  
          from the Calvoter system, including the following:

          1)A Publicly Available Web site.  VoteCal will provide improved  
            service to the voters of California through a publicly  
            available statewide customer service Web site.  At the Web  
            site, voters will be able to apply to register to vote or  
            update their existing voter registration record.  Voters will  
            also be able to review information in their voter record,  
            including: their precinct and polling place; political party  
            preference; eligibility to vote in an upcoming election; and,  
            status as a permanent vote-by-mail or one-time mail ballot  
            voter.

          In addition, voters using the public VoteCal Web site will be in  
            a better position to take advantage of many lesser known  
            election tools and services already on the books.  They will  
            be able to opt in or out of receiving physical copies of the  
            Voter Information Guide and County Sample Ballots, and may  
            instead request to receive the documents electronically.  A  
            voter will also be able to retrieve information from the new  
            website about whether their vote-by-mail or provisional ballot  
            is counted and, if it was not, the reason why it was not  
            counted.







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          2)A Complete Index of Voter Registration Records.  The most  
            discussed portion of VoteCal is the statewide database, as  
            required under HAVA, that the SOS and county elections  
            officials will collectively use to manage the voter  
            information for all Californians.  VoteCal will store and  
            maintain voter registration information for the voters of  
            California in the 58 counties.  Moreover, VoteCal will allow  
            county elections officials to research a voter's registration,  
            voter activity and voter participation history, store voter  
            affidavit and signature images, and much more.

          3)A Single Place for List Maintenance Functions.  VoteCal offers  
            much needed utility to state and local elections officials.   
            As a central source for list maintenance functions, VoteCal  
            ensures the voter registration list is up-to-date and  
            accurate.  As part of list maintenance, VoteCal is designed to  
            check for duplicate registrations, check registration records  
            to ensure voters have not been convicted of a crime that would  
            preclude them from voting, check for deceased voters, and  
            accommodate immediate updates of voter registration data in a  
            central system as it is entered by the counties.

          4)Local Elections Official Assistance.  VoteCal will work with  
            county Election Management Systems (EMS) to help county  
            elections officials set up and track their elections.  VoteCal  
            will be used to set up statewide elections, and VoteCal will  
            interact with the county EMS to track election information  
            such as a voter's districts and precincts and their political  
            party preference.  VoteCal will also allow voters to opt in or  
            out of receiving the voter information guide and the county  
            sample ballot.

          This bill incorporates multiple federal VoteCal requirements  
          into voter registration and other related statutes by revising  
          and repealing relevant Elections Code sections as necessary.   
          These provisions were developed through collaboration between  
          the SOS and county elections officials in an ongoing process to  
          identify statutory changes in preparation for implementing  
          VoteCal, including the following:

          1)Streamlining voter registration updates and voter file  
            maintenance, so that voters' registrations are seamlessly  
            updated using the real-time efficiencies of VoteCal.







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          2)Eliminating outdated references and procedures, including  
            references to deputy registrars of voters and to  
            technology-specific references to obsolete registration  
            systems, and requirements to maintain multiple paper copies of  
            registration records. 

          3)Codifying language necessary to prescribe the new VoteCal  
            system and procedures, including clarifying the roles of state  
            and county elections officials.

          4)Improving clarity in existing law by repealing code sections  
            that are no longer used under the current system and  
            irrelevant to VoteCal.

          5)Consolidating obsolete voter registration management statutes  
            into fewer, more specific code sections.

          6)Ensuring the continued protection for confidential voters and  
            their personal information.

          Comments 
          
          1)According to the author, California is in the process of  
            developing a new statewide voter registration system in order  
            to fully comply with requirements in federal law.  The new  
            system, which is known as VoteCal, is currently on track for  
            full implementation in 2016.  While California must develop a  
            statewide voter database pursuant to federal law, multiple  
            state statutes must be changed to conform to federal  
            requirements.

          AB 1020 will ensure that the federally mandated VoteCal  
            statewide voter registration database can be implemented  
            effectively by updating key Elections Code statutes and  
            deleting obsolete provisions.

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes


          SUPPORT:   (Verified8/17/15)









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          Secretary of State Alex Padilla (source)
          California Association of Clerks and Elections Officials 


          OPPOSITION:   (Verified8/17/15)


          None received

          ASSEMBLY FLOOR:  74-0, 5/22/15
          AYES:  Achadjian, Travis Allen, Baker, Bigelow, Bloom, Bonilla,  
            Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau,  
            Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly,  
            Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina  
            Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,  
            Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,  
            Irwin, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,  
            Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,  
            Nazarian, Obernolte, Patterson, Perea, Quirk, Rendon,  
            Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark  
            Stone, Thurmond, Ting, Wagner, Wilk, Williams, Wood, Atkins
          NO VOTE RECORDED:  Alejo, Jones, O'Donnell, Olsen, Waldron,  
            Weber

          Prepared by:Darren Chesin / E. & C.A. / (916) 651-4106
          8/18/15 17:03:16





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