(1)Existing law authorizes an elector who complies with specified provisions governing the registration of electors to vote at an election held within the territory within which he or she resides and the election is held. Existing law defines elector to mean a person who is a United States citizen 18 years of age or older and, except as specified, is a resident of an election precinct at least 15 days before an election.

Existing law prohibits an elector from being registered as a voter except by affidavit of registration received by the county elections official on or before the 15th day before an election. However, existing law authorizes a person who is otherwise qualified to register to vote to complete a conditional voter registration and cast a provisional ballot during the 14 days immediately preceding an election or on election day.

This bill would revise the definition of elector by deleting the 15-day requirement, thereby including a person who is eligible to complete a conditional voter registration within the definition of elector.

(2)Existing law establishes the procedures for determining whether a conditional voter registration is deemed effective. Existing law requires that a voted provisional ballot be sealed in a provisional ballot envelope, which is substantially similar to, and completed in the same manner as, an envelope used for a vote by mail ballot.

This bill would authorize a county elections official to use a provisional ballot envelope as an affidavit of registration, as specified.

(1)Existing law authorizes an elector who complies with specified provisions governing the registration of electors to vote at an election held within the territory within which he or she resides and the election is held. Existing law defines elector to mean a person who is a United States citizen 18 years of age or older and, except as specified, is a resident of an election precinct at least 15 days before an election.

Existing law prohibits an elector from being registered as a voter except by affidavit of registration received by the county elections official on or before the 15th day before an election. However, existing law authorizes a person who is otherwise qualified to register to vote to complete a conditional voter registration and cast a provisional ballot during the 14 days immediately preceding an election or on election day.

This bill would revise the definition of elector by deleting the 15-day requirement, thereby including a person who is eligible to complete a conditional voter registration within the definition of elector.

(2)Existing law establishes the procedures for determining whether a conditional voter registration is deemed effective. Existing law requires that a voted provisional ballot be sealed in a provisional ballot envelope, which is substantially similar to, and completed in the same manner as, an envelope used for a vote by mail ballot.

This bill would authorize a county elections official to use a provisional ballot envelope as an affidavit of registration, as specified.

(1)Existing law authorizes an elector who complies with specified provisions governing the registration of electors to vote at an election held within the territory within which he or she resides and the election is held. Existing law defines elector to mean a person who is a United States citizen 18 years of age or older and, except as specified, is a resident of an election precinct at least 15 days before an election.

Existing law prohibits an elector from being registered as a voter except by affidavit of registration received by the county elections official on or before the 15th day before an election. However, existing law authorizes a person who is otherwise qualified to register to vote to complete a conditional voter registration and cast a provisional ballot during the 14 days immediately preceding an election or on election day.

This bill would revise the definition of elector by deleting the 15-day requirement, thereby including a person who is eligible to complete a conditional voter registration within the definition of elector.

(2)Existing law establishes the procedures for determining whether a conditional voter registration is deemed effective. Existing law requires that a voted provisional ballot be sealed in a provisional ballot envelope, which is substantially similar to, and completed in the same manner as, an envelope used for a vote by mail ballot.

This bill would authorize a county elections official to use a provisional ballot envelope as an affidavit of registration, as specified.

SENATE THIRD READING

STR Bill Id:

Author:(Stern)

As Introduced Ver:

Majority vote

SENATE VOTE: 25-10

SUMMARY: Authorizes a county elections official to use a provisional ballot envelope as an affidavit of registration, as specified, and updates the definition of an "elector." Specifically, this bill:

1. Permits a county elections official to use a provisional ballot envelope as an affidavit of registration. Requires a county elections official who intends to use a provisional ballot envelope as an affidavit of registration to do all of the following:
   1. Provide a provisional ballot envelope that sets forth the facts necessary to establish the voter as an elector and contains all of the information required to be on an affidavit of registration pursuant to existing law;
   2. Print an affidavit number on the provisional ballot envelope; and,
   3. Provide notice to the Secretary of State (SOS) no later than the 15th day before any election that provisional ballot envelopes will be used as affidavits of registration in that election.
2. Revises and updates the definition of an "elector" to include a person who is eligible to complete a conditional voter registration by deleting provisions of law that require an elector be a resident of an election precinct at least 15 days prior to an election and instead requires an elector to be a resident of an election precinct in California on or before the day of an election.

FISCAL EFFECT: None. This bill is keyed non-fiscal by the Legislative Counsel.

COMMENTS: According to the author, "As of January 2018, the California Secretary of State indicated that nearly 25% of eligible voters are not registered to vote. Voters fail to meet voter registration deadlines due to various reasons. However, as of 2017, conditional voter registration (also referred to as 'election day voter registration') is now a reality in California.

"SB 1171 will allow provisional voters to register fully by completing the requested information on a provisional ballot envelope without having to additionally complete a duplicative affidavit of registration thereby saving time and money. This bill also updates the definition of 'electors' to reflect changes in the deadline for voter registration."

Provisional ballots generally are cast by a voter whose name is not on the official voter registration list at a polling place, or by a Vote by mail (VBM) voter who did not receive or possess his or her VBM ballot and would like to vote at a polling place. A provisional ballot is considered a regular ballot, but is placed in a special envelope prior to being put in the ballot box. Current law requires a provisional ballot to be counted after an elections official has confirmed that the voter is registered to vote in that county and did not previously vote in that election.

In 2012, the Legislature approved and Governor signed AB 1436 (Feuer), Chapter 497, Statutes of 2012, which established conditional voter registration, also known as "same-day" registration, in California. Specifically, current law authorizes a person who is otherwise qualified to register to vote to complete a conditional voter registration and cast a provisional ballot at the elections official's permanent office during the 14 days immediately preceding an election or on election day. After receiving a conditional voter registration, current law requires an elections official to determine the registrant's eligibility to register to vote and validate the information, as specified. If the conditional voter registration is deemed effective, the registrant's provisional ballot is included in the official canvass. Conditional voter registration went into effect on January 1, 2017, after the SOS certified VoteCal, the state's statewide voter registration database.

Last session the Legislature approved and the Governor signed SB 439 (Allen), Chapter 734, Statutes of 2015, which permits county elections officials to offer conditional voter registration and provisional voting at satellite offices during the entire 14 days immediately preceding election day, among other provisions. Moreover, in 2016, the Legislature passed and the Governor signed SB 450, Chapter 832, Statutes of 2016, which enacted the California Voter's Choice Act (CVCA). The CVCA permits fourteen specified counties, starting this year, to conduct elections in which all voters are mailed ballots, and voters have the opportunity to vote on those ballots or to vote in person at a vote center for a period of 10 days leading up to election day. SB 450 requires vote centers to offer conditional voter registration, among other provisions.

In practice, a voter who conditionally registers to vote is required to fill out an affidavit of registration and subsequently fill out a provisional ballot. This bill streamlines this process and permits an elections official to use a provisional ballot envelope as an affidavit of registration if the provisional ballot envelope contains all the necessary information that would be required on a voter registration affidavit. Additionally, this bill revises and updates the definition of an "elector" to include individuals who register to vote during the conditional voter registration period.

Analysis Prepared by: Nichole Becker / E. & R. / (916) 319-2094 FN: 0003510

Date of Hearing: June 13, 2018

ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING

Marc Berman, Chair

SBPCA Bill Id:SB 1171

Author:(Stern) – As Introduced Ver:February 14, 2018

SENATE VOTE: 25-10

SUBJECT: Electors: conditional voter registration.

SUMMARY: Authorizes a county elections official to use a provisional ballot envelope as an affidavit of registration, as specified, and updates the definition of an "elector." Specifically, this bill:

1. Permits a county elections official to use a provisional ballot envelope as an affidavit of registration. Requires a county elections official who intends to use a provisional ballot envelope as an affidavit of registration to do all of the following:
   
   1. Provide a provisional ballot envelope that sets forth the facts necessary to establish the voter as an elector and contains all of the information required to be on an affidavit of registration pursuant to existing law;
      
   2. Print an affidavit number on the provisional ballot envelope; and,
      
   3. Provide notice to the Secretary of State (SOS) no later than the 15th day before any election that provisional ballot envelopes will be used as affidavits of registration in that election.
      
2. Revises and updates the definition of an “elector” to include a person who is eligible to complete a conditional voter registration by deleting provisions of law that require an elector be a resident of an election precinct at least 15 days prior to an election and instead requires an elector to be a resident of an election precinct in California on or before the day of an election.
3. Makes technical changes.

EXISTING LAW:

1. Defines an "elector" to mean any person who is a United States citizen 18 years of age or older and, except as specified below, is a resident of an election precinct at least 15 days prior to an election. Provides that an "elector" also means any person who is a military or overseas voter, as defined, who, except for the residence requirement, is eligible to vote in California and meets any of the following conditions:
   1. He or she was a resident of California when he or she was last living within the territorial limits of the United States or the District of Columbia; or,
   2. He or she was born outside of the United States or the District of Columbia, his or her parent or legal guardian was a resident of California when the parent or legal guardian was last living within the terrorital limits of the United States or the District of Columbia, and he or she has not previously registered to vote in any other state.
2. Provides that no person shall be registered as a voter except by affidavit of registration.
   
3. Provides that no affidavits of registration other than those provided by the SOS to the county elections officials or the national voter registration forms authorized pursuant to the federal National Voter Registration Act shall be used for the registration of voters.
   
4. Provides that a properly executed affidavit of voter registration shall be deemed effective upon receipt by the elections official if postmarked or received on or before the 15th day prior to an election to be held in the registrant’s precinct.
5. Authorizes a person who is otherwise qualified to register to vote to complete a conditional voter registration and cast a provisional ballot during the 14 days immediately preceding an election or on election day, as specified.
6. Requires county elections officials to offer conditional voter registration and provisional voting at its permanent offices, and permits them to offer this type of registration and voting at satellite offices on election day.
7. Provides that at all elections, a voter claiming to be properly registered to vote, but whose qualifications to vote cannot be immediately established upon examintion of the index of registration for the precinct or upon examination of the records on file with the county elections official, is entitled to vote a provisional ballot.
8. Requires an elections official to advise a voter of the voter's right to cast a provisional ballot.
9. Requires a voter that votes a provisional ballot to execute, in the presence of the elections official, a written affirmation stating that he or she is eligible to vote and is registered in the county where he or she desires to vote.
10. Requires a provisional ballot envelope to be a different color than the color of a vote by mail (VBM) ballot envelope, as specified.
11. Requires an elections official to use the same signature comparision procedures used for VBM ballots to compare the signature on the provisional ballot with the signature on the voter's affidavit of registration, as specified. Provides that if the signatures do not match, the ballot is rejected. Requires an elections official, if the signatures match and the voter's registration is confirmed, to count the ballot.

FISCAL EFFECT: None. This bill is keyed non-fiscal by the Legislative Counsel.

COMMENTS:

1. Purpose of the Bill: According to the author:

As of January 2018, the California Secretary of State indicated that nearly 25% of eligible voters are not registered to vote. Voters fail to meet voter registration deadlines due to various reasons. However, as of 2017, conditional voter registration (also referred to as “election day voter registration”) is now a reality in California.

SB 1171 will allow provisional voters to register fully by completing the requested information on a provisional ballot envelope without having to additionally complete a duplicative affidavit of registration thereby saving time and money. This bill also updates the definition of “electors” to reflect changes in the deadline for voter registration.

1. Provisional Ballots: Provisional ballots generally are cast by a voter whose name is not on the official voter registration list at a polling place, or by a VBM voter who did not receive or possess his or her VBM ballot and would like to vote at a polling place. A provisional ballot is considered a regular ballot, but is placed in a special envelope prior to being put in the ballot box. Current law requires a provisional ballot to be counted after an elections official has confirmed that the voter is registered to vote in that county and did not previously vote in that election.
   
2. Conditional Voter Registration and Previous Legislation: In 2012, the Legislature approved and Governor signed AB 1436 (Feuer), Chapter 497, Statutes of 2012, which established conditional voter registration, also known as "same-day" registration, in California. Specifically, current law authorizes a person who is otherwise qualified to register to vote to complete a conditional voter registration and cast a provisional ballot at the elections official's permanent office during the 14 days immediately preceding an election or on election day. After receiving a conditional voter registration, current law requires an elections official to determine the registrant's eligibility to register to vote and validate the information, as specified. If the conditional voter registration is deemed effective, the registrant's provisional ballot is included in the official canvass. Conditional voter registration went into effect on January 1, 2017, after the SOS certified VoteCal, the state's statewide voter registration database.
   
   Last session the Legislature approved and the Governor signed SB 439 (Allen), Chapter 734, Statutes of 2015, which permits county elections officials to offer conditional voter registration and provisional voting at satellite offices during the entire 14 days immediately preceding election day, among other provisions. Moreover, in 2016, the Legislature passed and the Governor signed SB 450, Chapter 832, Statutes of 2016, which enacted the California Voter's Choice Act (CVCA). The CVCA permits fourteen specified counties, starting this year, to conduct elections in which all voters are mailed ballots, and voters have the opportunity to vote on those ballots or to vote in person at a vote center for a period of 10 days leading up to election day. SB 450 requires vote centers to offer conditional voter registration, among other provisions.
   
   In practice, a voter who conditionally registers to vote is required to fill out an affidavit of registration and subsequently fill out a provisional ballot. This bill streamlines this process and permits an elections official to use a provisional ballot envelope as an affidavit of registration if the provisional ballot envelope contains all the necessary information that would be required on a voter registration affidavit. Additionally, this bill revises and updates the definition of an "elector" to include individuals who register to vote during the conditional voter registration period.
3. Arguments in Support: In support, the American Civil Liberties Union of California Center for Advocacy and Policy writes:

Currently, voters are required to complete two separate forms with nearly identical information, which is unnecessarily time consuming and costly and can lead to confusion. SB 1171 eliminates this duplicative voter registration process and allows the use of provisional ballot envelopes for voter registration purposes. SB 1171 also updates the definition of "elector" by providing technical clean-up to reflect new voter registration deadlines that went into effect in last year.

REGISTERED SUPPORT / OPPOSITION:

Support

Secretary of State Alex Padilla (sponsor)

American Civil Liberties Union of California Center for Advocacy and Policy

California Association of Clerks and Election Officials

League of Women Voters of California

Opposition

None on file.

Analysis Prepared by: Nichole Becker / E. & R. / (916) 319-2094

 THIRD READING  

Bill No: SB 1171

Author:

:

Vote:

SENATE ELECTIONS & C.A. COMMITTEE: 4-0, 4/3/18

AYES: Stern, Allen, Hertzberg, Leyva

NO VOTE RECORDED: Anderson

SUBJECT:

SOURCE: Secretary of State, Alex Padilla

DIGEST:

This bill permits county elections officials to use provisional ballot envelopes for voter registration provided the envelopes include all the information currently included on an affidavit of registration. This bill also updates the definition of “electors” to reflect changes in the deadline for voter registration.

ANALYSIS:

Existing law:

1. Provides that no other affidavits of voter registration than those provided by the Secretary of State (SOS) to county elections officials or the national voter registration forms authorized pursuant to the federal National Voter Registration Act of 1993 shall be used for the registration of voters.
2. Defines “electors” as persons otherwise eligible to vote who are residents of an election precinct at least 15 days prior to an election.
3. Provides that an elector who is otherwise qualified to register to vote may complete a conditional voter registration and cast a provisional ballot during the 14 days immediately preceding an election or on election day.
4. Provides that provisional ballots are counted after elections official have confirmed that the voter is registered to vote in that county and did not already vote in that election.

This bill:

1. Permits county elections officials to use provisional ballot envelopes as an affidavit of voter registration provided that the information requested on the envelope includes all of the information currently included on an affidavit of registration. Specifically, a county elections official who intends to use a provisional ballot envelope as an affidavit of voter registration shall do all of the following:
   1. Provide an envelope that includes all of the information currently included on an affidavit of registration.
   2. Print an affidavit number on the provisional ballot envelope.
   3. Notify the SOS no later than the 15th day before any election that provisional ballot envelopes will be used as affidavits of registration in that specific election.
2. Updates the definition of “elector” to a person who is a United States citizen, 18 years of age or older, and a resident of an election precinct in California to on or before the day of the election.

Background

Conditional Voter Registration. County elections officials are permitted to offer conditional voter registration at permanent locations and satellite offices throughout an individual county. In addition, during the last 15 days prior to and including the day of the election, existing law also authorizes a person who is qualified to register to vote to complete a conditional voter registration form, cast a provisional ballot, and complete the information requested on the provisional ballot’s envelope. In order to cast a provisional ballot, voters need to complete an affidavit of registration in addition to the information requested on a provisional ballot envelope even though much of the information required on both forms is identical.

Provisional Ballots. Provisional ballots are generally cast by voters whose names are not on the official voter registration list at a polling place as well as vote-by-mail voters who did not receive or possess his or her vote-by-mail ballot and want to vote at a polling place. A provisional ballot is considered a regular ballot, but is placed in a special envelope prior to being put in the ballot box.

A provisional ballot may be cast at any polling place in the county in which the voter is registered to vote. However, if a voter is found to be registered to vote elsewhere in the county and voted via a provisional ballot, then only the elections contests where the voter is eligible to vote will be counted. Provisional ballots are counted after elections officials have confirmed that the voter is registered to vote in that county and did not previously vote in that election. In addition, every voter who casts a provisional ballot has the right to find out from their county official if the ballot was counted and, if not, the reason why it was not counted.

Comments

1. According to the author, as of January 2018, the California Secretary of State indicated that nearly 25% of eligible voters are not registered to vote. Voters fail to meet voter registration deadlines due to various reasons. However, as of 2017, conditional voter registration (also referred to as “election day voter registration”) is now a reality in California.
   
   SB 1171 will allow provisional voters to register fully by completing the requested information on a provisional ballot envelope without having to additionally complete a duplicative affidavit of registration thereby saving time and money. This bill also updates the definition of “electors” to reflect changes in the deadline for voter registration.

Related/Prior Legislation

SB 439 (Allen, Chapter 734, Statutes of 2015), among other provisions, permitted county elections officials to offer conditional voter registration and provisional voting at satellite offices during the entire 14 days immediately preceding Election Day.

AB 1436 (Feuer, Chapter 497, Statutes of 2012) established conditional voter registration, if certain conditions are met, where an individual is permitted to register to vote by completing an affidavit of registration within the 15 days prior to an election or on election day, cast a provisional ballot, and be counted if the conditional voter registration is deemed effective.

AB 1679 (Committee on Elections, Redistricting, and Constitutional Amendments, Chapter 810, Statutes of 2003), among the other provisions in this omnibus bill, amended an elector’s residency requirement of an election precinct from at least 29 days prior to the election to 15 days prior to the election to align with the voter registration deadline established in AB 1094 (Hertzberg, Chapter 899, Statutes of 2000).

SB 535 (Marks, Chapter 1302, Statutes of 1993), among other provisions, codified existing administrative regulations by prohibiting the use of affidavits of registration other than those provided by the SOS to county elections officials.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 4/3/18)

Secretary of State, Alex Padilla (source)

American Civil Liberties Union of California Center for Advocacy and Policy

League of Women Voters of California

OPPOSITION: (Verified 4/3/18)

None received

Prepared by:

4/4/18 16:31:12

**** END ****

SENATE COMMITTEE ON

ELECTIONS AND CONSTITUTIONAL AMENDMENTS

Senator Henry Stern, Chair

2017 - 2018 Regular

Bill No: 1171 Hearing Date: 4/3/18

Subject:

DIGEST

This bill permits county elections officials to use provisional ballot envelopes for voter registration provided the envelopes include all the information currently included on an affidavit of registration. This bill also updates the definition of “electors” to reflect changes in the deadline for voter registration.

ANALYSIS

Existing law:

1. Provides that no other affidavits of voter registration than those provided by the Secretary of State (SOS) to county elections officials or the national voter registration forms authorized pursuant to the federal National Voter Registration Act of 1993 shall be used for the registration of voters.
2. Defines “electors” as persons otherwise eligible to vote who are residents of an election precinct at least 15 days prior to an election.
3. Provides that an elector who is otherwise qualified to register to vote may complete a conditional voter registration and cast a provisional ballot during the 14 days immediately preceding an election or on election day.
4. Provides that provisional ballots are counted after elections official have confirmed that the voter is registered to vote in that county and did not already vote in that election.

This bill:

1. Permits county elections officials to use provisional ballot envelopes as an affidavit of voter registration provided that the information requested on the envelope includes all of the information currently included on an affidavit of registration. Specifically, a county elections official who intends to use a provisional ballot envelope as an affidavit of voter registration shall do all of the following:
   1. Provide an envelope that includes all of the information currently included on an affidavit of registration.
   2. Print an affidavit number on the provisional ballot envelope.
   3. Notify the SOS no later than the 15th day before any election that provisional ballot envelopes will be used as affidavits of registration in that specific election.
2. Updates the definition of “elector” to a person who is a United States citizen, 18 years of age or older, and a resident of an election precinct in California to on or before the day of the election.

BACKGROUND

Conditional Voter Registration: County elections officials are permitted to offer conditional voter registration at permanent locations and satellite offices throughout an individual county. In addition, during the last 15 days prior to and including the day of the election, existing law also authorizes a person who is qualified to register to vote to complete a conditional voter registration form, cast a provisional ballot, and complete the information requested on the provisional ballot’s envelope. In order to cast a provisional ballot, voters need to complete an affidavit of registration in addition to the information requested on a provisional ballot envelope even though much of the information required on both forms is identical.

Provisional Ballots: Provisional ballots are generally cast by voters whose names are not on the official voter registration list at a polling place as well as vote-by-mail voters who did not receive or possess his or her vote-by-mail ballot and want to vote at a polling place. A provisional ballot is considered a regular ballot, but is placed in a special envelope prior to being put in the ballot box.

A provisional ballot may be cast at any polling place in the county in which the voter is registered to vote. However, if a voter is found to be registered to vote elsewhere in the county and voted via a provisional ballot, then only the elections contests where the voter is eligible to vote will be counted. Provisional ballots are counted after elections officials have confirmed that the voter is registered to vote in that county and did not previously vote in that election. In addition, every voter who casts a provisional ballot has the right to find out from their county official if the ballot was counted and, if not, the reason why it was not counted.

COMMENTS

1. According to the author: As of January 2018, the California Secretary of State indicated that nearly 25% of eligible voters are not registered to vote. Voters fail to meet voter registration deadlines due to various reasons. However, as of 2017, conditional voter registration (also referred to as “election day voter registration”) is now a reality in California.
   
   SB 1171 will allow provisional voters to register fully by completing the requested information on a provisional ballot envelope without having to additionally complete a duplicative affidavit of registration thereby saving time and money. This bill also updates the definition of “electors” to reflect changes in the deadline for voter registration.

RELATED/PRIOR LEGISLATION

SB 535 (Marks), Chapter 1302, Statutes of 1993, among other provisions, codified existing administrative regulations by prohibiting the use of affidavits of registration other than those provided by the SOS to county elections officials.

AB 1679 (Committee on Elections, Redistricting, and Constitutional Amendments), Chapter 810, Statutes of 2003, among the other provisions changes in this omnibus bill, amended an elector’s residency requirement of an election precinct from at least 29 days prior to the election to 15 days prior to the election to align with the voter registration deadline established in AB 1094 (Hertzberg), Chapter 899, Statutes of 2000.

AB 1436 (Feuer), Chapter 497, Statutes of 2012, established conditional voter registration, if certain conditions are met, where an individual is permitted to register to vote by completing an affidavit of registration within the 15 days prior to an election or on election day, cast a provisional ballot, and be counted if the conditional voter registration is deemed effective.

SB 439 (Allen), Chapter 734, Statutes of 2015, among other provisions, permitted county elections officials to offer conditional voter registration and provisional voting at satellite offices during the entire 14 days immediately preceding Election Day.

POSITIONS

Sponsor: Secretary of State, Alex Padilla

Support: American Civil Liberties Union of California Center for Advocacy and Policy

Oppose: None received

-- END --