SB 1400: Voter registration.
- Session Year: 2017-2018
- House: Senate
- Latest Version Date: 2018-03-22
Existing law authorizes a person who is at least 16 years of age and otherwise meets all voter eligibility requirements to preregister to vote by submitting his or her affidavit of registration. The affidavit of registration is deemed effective as of the date the affiant will be 18 years of age.
This bill would lower the minimum age for voter preregistration to 15 years of age. The bill also would make conforming changes to existing law.
By increasing the duties of local elections officials in processing voter registrations and related duties, the bill would create a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law requires the last 2 full weeks in April and in September to be known as high school voter weeks, during which time deputy registrars of voters are allowed to register to vote pupils and school personnel on high school campuses in areas designated by the school administration.This bill would make nonsubstantive changes to that provision.Existing law requires the last 2 full weeks in April and in September to be known as high school voter weeks, during which time deputy registrars of voters are allowed to register to vote pupils and school personnel on high school campuses in areas designated by the school administration.
This bill would make nonsubstantive changes to that provision.
(a)Every person who qualifies under Section 2 of Article II of the California Constitution and who complies with this code governing the registration of electors may vote at any election held within the territory within which he or she resides and the election is held.
(b)Any A person who will be at least 18 years of age at the time of the next election is eligible to register and vote at that election.
(c)Pursuant to Section 2102, any a person who is at least 16 15 years of age and otherwise meets all eligibility requirements to vote is eligible to preregister to vote, but is not eligible to vote until he or she is 18 years of age.
SEC. 2.Section 2101 of the Elections Code is amended to read:2101.(a)A person entitled to register to vote shall be a United States citizen, a resident of California, not imprisoned or on parole for the conviction of a felony, and at least 18 years of age at the time of the next election.
(b)A person entitled to preregister to vote in an election shall be a United States citizen, a resident of California, not imprisoned or on parole for the conviction of a felony, and at least 16 15 years of age.
(c)For purposes of this section, the following definitions apply:
(1)Imprisoned means currently serving a state or federal prison sentence.
(2)Parole means a term of supervision by the Department of Corrections and Rehabilitation.
(3)Conviction does not include a juvenile adjudication made pursuant to Section 203 of the Welfare and Institutions Code.
SEC. 3.Section 2102 of the Elections Code is amended to read:2102.(a)Except as provided in Chapter 4.5, a person shall not be registered as a voter except by affidavit of registration. The affidavit of registration shall be mailed or delivered to the county elections official and shall set forth all of the facts required to be shown by this chapter. A properly executed affidavit of registration shall be deemed effective upon receipt of the affidavit by the county elections official if received on or before the 15th day before an election to be held in the registrants precinct. A properly executed affidavit of registration shall also be deemed effective upon receipt of the affidavit by the county elections official if any of the following apply:
(1)The affidavit is postmarked on or before the 15th day before the election and received by mail by the county elections official.
(2)The affidavit is submitted to the Department of Motor Vehicles or accepted by any other public agency designated as a voter registration agency pursuant to the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.) on or before the 15th day before the election.
(3)The affidavit is delivered to the county elections official by means other than those described in paragraphs (1) and (2) on or before the 15th day before the election.
(4)The affidavit is submitted electronically on the Internet Web site of the Secretary of State pursuant to Section 2196 on or before the 15th day before the election.
(b)For purposes of verifying a signature on a recall, initiative, or referendum petition or a signature on a nomination paper or any other election petition or election paper, a properly executed affidavit of registration shall be deemed effective for verification purposes if both of the following conditions are satisfied:
(1)The affidavit is signed on the same date or a date before the signing of the petition or paper.
(2)The affidavit is received by the county elections official on or before the date on which the petition or paper is filed.
(c)Notwithstanding any other law to the contrary, the affidavit of registration required under this chapter shall not be taken under sworn oath, but the content of the affidavit shall be certified as to its truthfulness and correctness, under penalty of perjury, by the signature of the affiant.
(d)A person who is at least 16 15 years of age and otherwise meets all eligibility requirements to vote may submit his or her affidavit of registration as prescribed by this section. A properly executed affidavit of registration made pursuant to this subdivision shall be deemed effective as of the date the affiant will be 18 years of age, if the information in the affidavit of registration is still current at that time. If the information provided by the affiant in the affidavit of registration is not current at the time that the affidavit of registration would otherwise become effective, for his or her registration to become effective, the affiant shall provide the current information to the proper county elections official as prescribed by this chapter.
(e)An individual with a disability who is otherwise qualified to vote may complete an affidavit of registration with reasonable accommodations as needed.
(f)An individual with a disability who is under a conservatorship may be registered to vote if he or she has not been disqualified from voting.
SEC. 4.Section 2106 of the Elections Code is amended to read:2106.A program adopted by a county pursuant to Section 2103 or 2105, that is designed to encourage the registration of electors, shall contain the following statement in printed literature or media announcements made in connection with the program: A person entitled to register to vote must be a United States citizen, a resident of California, not currently imprisoned in a state or federal prison or on state parole for the conviction of a felony, and at least 18 years of age at the time of the election. A person may preregister to vote if he or she is a United States citizen, a resident of California, not currently imprisoned in a state or federal prison or on state parole for the conviction of a felony, and at least 16 15 years of age. A county elections official may continue to use existing materials before printing new or revised materials required by any changes to this section.
SEC. 5.Section 2150 of the Elections Code is amended to read:2150.(a)The affidavit of registration shall show:
(1)The facts necessary to establish the affiant as an elector.
(2)The affiants name at length, including his or her given name, and a middle name or initial, or if the initial of the given name is customarily used, then the initial and middle name. The affiants given name may be preceded, at the affiants option, by the designation of Miss, Ms., Mrs., or Mr. A person shall not be denied the right to register because of his or her failure to mark a prefix to the given name and shall be so advised on the voter registration card. This subdivision shall not be construed as requiring the printing of prefixes on an affidavit of registration.
(3)The affiants place of residence, residence telephone number, if furnished, and email address, if furnished. A person shall not be denied the right to register because of his or her failure to furnish a telephone number or email address, and shall be so advised on the voter registration card.
(4)The affiants mailing address, if different from the place of residence.
(5)The affiants date of birth to establish that he or she will be at least 18 years of age on or before the date of the next election. In the case of an affidavit of registration submitted pursuant to subdivision (d) of Section 2102, the affiants date of birth to establish that he or she is at least 16 15 years of age.
(6)The state or country of the affiants birth.
(7)(A)In the case of an affiant who has been issued a current and valid drivers license, the affiants drivers license number.
(B)In the case of any other affiant, other than an affiant to whom subparagraph (C) applies, the last four digits of the affiants social security number.
(C)If a voter registration affiant has not been issued a current and valid drivers license or a social security number, the state shall assign the affiant a number that will serve to identify the affiant for voter registration purposes. If the state has a computerized list in effect under this paragraph and the list assigns unique identifying numbers to registrants, the number assigned under this subparagraph shall be the unique identifying number assigned under the list.
(8)The affiants political party preference.
(9)That the affiant is currently not imprisoned or on parole for the conviction of a felony.
(10)A prior registration portion indicating whether the affiant has been registered at another address, under another name, or as preferring another party. If the affiant has been so registered, he or she shall give an additional statement giving that address, name, or party.
(b)The affiant shall certify the content of the affidavit of registration as to its truthfulness and correctness, under penalty of perjury, with the signature of his or her name and the date of signing. If the affiant is unable to write, he or she shall sign with a mark or cross. An affiant who is an individual with a disability may complete the affidavit with reasonable accommodations as needed.
(c)The affidavit of registration shall also contain a space that would enable the affiant to state his or her ethnicity or race, or both. An affiant shall not be denied the ability to register because he or she declines to state his or her ethnicity or race.
(d)If a person assists the affiant in completing the affidavit of registration, that person shall sign and date the affidavit below the signature of the affiant.
(e)The affidavit of registration shall also contain a space to permit the affiant to apply for permanent vote by mail status.
(f)The Secretary of State may continue to supply existing affidavits of registration to county elections officials before printing new or revised forms that reflect the changes made to this section by Chapter 508 of the Statutes of 2007.
SEC. 6.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SECTION 1.Section 49040 of the Education Code is amended to read:49040.(a)The last two full weeks in April and the last two full weeks in September shall be known as high school voter education weeks, during which time persons authorized by the county elections official shall be allowed to register pupils and school personnel on any high school campus in areas designated by the administrator of the high school, or his or her designee, and that are reasonably accessible to all pupils.(b)This section does not preclude a person from registering to vote pupils and school personnel on a high school campus as is otherwise permitted by the Elections Code.(a)The last two full weeks in April and the last two full weeks in September shall be known as high school voter education weeks, during which time persons authorized by the county elections official shall be allowed to register students pupils and school personnel on any high school campus in areas designated by the administrator of the high school, or his or her designee, which and that are reasonably accessible to all students. pupils.
(b)This section does not preclude a person from registering to vote students pupils and school personnel on a high school campus as is otherwise permitted by the Elections Code.
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Date
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Status
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| May 25, 2018 | May 25 hearing: Held in committee and under submission. |
| May 18, 2018 | Set for hearing May 25. |
| Apr 30, 2018 | April 30 hearing: Placed on APPR. suspense file. |
| Apr 20, 2018 | Set for hearing April 30. |
| Apr 17, 2018 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 3. Noes 1.) (April 17). Re-referred to Com. on APPR. |
| Apr 6, 2018 | Set for hearing April 17. |
| Apr 4, 2018 | Re-referred to Com. on E. & C.A. |
| Mar 22, 2018 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS. |
| Mar 8, 2018 | Referred to Com. on RLS. |
| Feb 20, 2018 | From printer. May be acted upon on or after March 22. |
| Feb 16, 2018 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
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Date
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Description
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Location
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Votes
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| Apr 30, 2018 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
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| Apr 17, 2018 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Elections and Constitutional Amendments |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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|---|---|---|
| CalPerk | * Support | Apr 17, 2018 |
| CALPIRG | ** Support | Apr 13, 2018 |
| League Of Women Voters Of California | * Support | Apr 17, 2018 |
| Mid-City CAN | ** Support | Apr 13, 2018 |
SENATE COMMITTEE ON
Senator Ricardo Lara, Chair
2017 - 2018 Regular Session
SB 1400 (Stern) - Voter registration
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
SB 1400 would lower the minimum age for voting preregistration to 15 years of age.
Fiscal Impact:
The Secretary of State (SOS) would incur a one-time cost of $200,000 for IT modifications, and ongoing annual costs of $50,000 for mailing voter registration cards (General Fund). Some of these costs would be offset from not registering these same voters in later years. County costs to process additional registrations would be covered through the existing reimbursement formula for this activity.
Background:
Current 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.
In 2014, SB 113 (Jackson, Chapter 619, Statutes of 2014) was signed into law. This bill, upon certification of California’s statewide voter registration database (VoteCal), allows future voters to preregister beginning at age 16, provided they meet the requisite requirements. In September 2016, SOS certified VoteCal, and SOS reports that about 100,000 16- and 17-year olds have preregistered thus far.
Finally, current law requires that eligible voters be registered to vote by default when they submit an application for a driver's license or state identification card, or provides the Department of Motor Vehicles (DMV) with a change of address, unless they opt out.
Proposed Law:
This bill would lower the minimum age for voter preregistration to 15 years of age, and make specified conforming changes.
Staff Comments:
In 2018, SOS indicated that nearly 19 million (76 percent) of the State’s residents are registered to vote. The 18-to-24 year old cohort registered to vote at a lower rate than any other age group. The voting participation of this cohort is also significantly lower than that for other age groups.
SOS notes that, for this bill, pre-registration can only be done on paper cards for 15 year-olds, as there is no signature for this age on file with DMV. This precludes them from using VoteCal.
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SENATE COMMITTEE ON
ELECTIONS AND CONSTITUTIONAL AMENDMENTS
Senator Henry Stern, Chair
2017 - 2018 Regular
Bill No: SB Hearing Date: 4/17/18
Author: | |||
Version: | 3/22/18 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Scott Matsumoto | ||
Subject: Voter registration
DIGEST
This bill lowers the minimum age for voter preregistration to 15 years of age.
ANALYSIS
Existing law:
- Provides that a person is entitled to register to vote who is a United States citizen, a resident of California, not imprisoned or on parole for the conviction of a felony, and at least 18 years of age at the time of the next election.
- Permits a person who is at least 16 years old and otherwise meets all voter eligibility requirements to preregister to vote. Provides that the person's voter registration will be deemed effective as soon as the person is 18 years old at the time of the next election.
- Requires, pursuant to the California New Motor Voter Program, that each eligible voter be registered to vote by default when he or she submits an application for a driver's license or state identification card, or provides the Department of Motor Vehicles (DMV) with a change of address, unless the voter specifically declines.
This bill:
- Lowers the minimum age for voter preregistration to 15 years of age and makes conforming changes to existing law.
BACKGROUND
Youth Voter Registration and Turnout: In 2018, the Secretary of State (SOS) indicated that nearly 19 million Californians, or 75.69%, are registered to vote. According to the SOS website, youth aged 18-24 years old register to vote at a lower rate than any other age group. For example, in 2016, of the nearly 79% of Californians who were registered to vote, only 13.2% were youth between the ages of 17.5 to 25.
In the November 2014 election, according to the California Civic Engagement Project, an analysis on the youth vote (ages 18-24) found that 8.2% of eligible California youth voted, only consisting of 3.9% of all voters in that election.
This disproportion was also seen in the Public Policy Institute of California’s 2017 report, California’s Likely Voters, stating that “young adults (18 to 34) make up 33% of the population but only 22% of likely voters.” In contrast, Californians age 55 and older make up 31% of the state's adult population but constitute 45% of likely voters.
Preregistration in California: In 2014, the Legislature passed and the Governor signed SB 113 (Jackson), Chapter 619, Statutes of 2014. This bill, upon certification of California’s statewide voter registration database (VoteCal), allowed future voters to preregister beginning at age 16. In September 2016, the SOS certified VoteCal, officially launching preregistration in California.
As of April 2, 2018, the SOS indicated that over 100,111 16- and 17-year olds have preregistered since the certification of VoteCal. Of the 100,000 total preregistrants, there are 48,904 individuals who are currently preregistered to vote.
Preregistration in the United States: In addition to California, according to the National Conference of State Legislatures (NCSL), Colorado, Delaware, District of Columbia, Florida, Hawaii, Louisiana, Maryland, Massachusetts, North Carolina, Oregon, Rhode Island, Utah, and Washington permit 16-year-olds to preregister to vote.
Encouraging Civic Engagement: Studies have shown that preregistering young people to vote before they turn 18 increases voter turnout and helps turn them into lifelong voters. One organization, The Center for Information & Research on Civic Learning and Engagement (CIRCLE), examined the lack of habitual voting patterns among teens and found that “voting is like any other habit: it must be taught, facilitated, and nurtured through concrete opportunities and through a culture that encourages and celebrates political participation.”
Similar to CIRCLE, the Young Voter Strategies project’s policy brief, Voting is a Habit, cites numerous academic studies and electoral analyses showing that voting is a learned behavior that is habit-forming. They ultimately conclude that encouraging young voters to go to the polls can lead to increased voter participation over their lifetime.
Finally, research published in the American Journal of Political Science in 2015 support using preregistration to encourage long-term voting and civic engagement. According to Holbein and Hillygus in "Making Young Voters: The Impact of Preregistration on Youth Turnout,” allowing preregistration can increase young voter turnout by up to 13 percentage points. This research also showed that people who vote at an early age are more likely to stay engaged and vote in later elections and suggested that supporting institutions play a valuable role increased youth civic engagement as well as voter turnout.
Automatic Preregistration at the DMV: In 2016, a report coauthored by CALPIRG, Path to the Polls: Preregistering California's Youth to Build a More Participatory Democracy, provided recommendations to expand youth voter participation. One of the recommendations looked at the DMV as an opportunity to expand youth civic participation because the DMV “provides a strong incentive for many young people to visit a government agency that has the obligation to provide voter registration opportunities to customers.”
As a result, earlier in 2018, the Legislature passed and the Governor signed AB 1407 (McCarty), Chapter 4, Statutes of 2018. This bill expanded upon the provisions of the New Motor Voter Program to include the automatic preregistration of 16- and 17-year-olds, unless the person opts-out. Even though the provisions of AB 1407 do not take effect until January 2019, the DMV is launching their automatic voter registration system on April 16, 2018 and will include the automatic voter registration for all eligible voters and preregistration of 16- and 17-year olds unless the person opts-out.
Limitations at the DMV: One of the limitations of trying to preregister 16- and 17-year-olds is that not every individual will visit the DMV. For people who are 16 and 17 years old, reasons for not going to the DMV could range from being unable to afford a car, not needing to drive, and applying for a provisional permit at 15 ½ years of age. According to the DMV, as of January 2018, there are 1,221,022 individuals between 16- and 19-years-olds who possess either a driver’s license or an identification card. When looking at the Department of Finance’s population projections for 2018, there are over 2.2 million Californians who are between ages of 16 and 19. As a result, a significant number of young, eligible individuals will not have the opportunity to preregister or fully register to vote through the New Motor Voter Program.
One population potentially missing from the New Motor Voter Program are individuals between 15 ½ and 16 years of age. As mentioned previously, a person who is at least 15 ½ years of age is eligible to apply for a provisional permit. The applicant is required to complete a Driver License or Identification Card Application form (DL 44). However, this form is submitted when applying for a provisional permit and an applicant does not submit another DL 44 when they pass their driving test and receive their provisional license. As a result, there are potentially thousands of 15-year-olds who apply for a provisional permit through the DMV, but are missed when they turn 16 and become eligible to preregister to vote. According to the DMV, as of March 2018, there are approximately 29,600 15-year-olds who currently have been issued a provisional permit.
COMMENTS
- According to the author: According to the DMV, there are about 29,600 15-year-olds who currently have been issued a driving learner’s permit. That significant figure is a snapshot as of March 2018.
Beginning April 17, 2018 the DMV will be including preregistration of 16 and 17 year-olds in their new “opt-out,” automated voter registration system (New Motor Voter Program).
First-time applicants register to vote through the DMV while completing a driver’s license application (form DL-44) which is done prior to issuance of a learner’s permit. Ergo, when a 15 ½ -year-old completes a DL-44 and passes the written driver’s test, they are issued a learner’s permit, but are not given the opportunity to register to vote because they are not yet 16 years old.
After six months of practice and their 16th birthday, they can return to the DMV to take their behind-the-wheel test and get their license, but they are not required to complete another DL-44. So, the system misses them until they have to renew their driver’s license several years later.
This bill will close that loophole by permitting 15-year-olds to preregister to vote which, according to NCSL, would make California the first state to permit preregistration of 15-year-olds.
RELATED/PRIOR LEGISLATION
AB 30 (Price), Chapter 364, Statutes of 2009, allowed a person who is 17 years of age to pre-register to vote, provided he or she would otherwise meet all eligibility requirements.
SB 113 (Jackson), Chapter 619, Statutes of 2014, allowed a person who is 16 years of age to pre-register to vote, provided he or she would otherwise meet all eligibility requirements.
AB 1461 (Gonzalez), Chapter 729, Statutes of 2015, provides for every person who has a driver's license or state identification card and who is eligible to register to vote to be automatically registered to vote at the DMV, unless that person opts out.
ACA 2 (Mullin), 2015, would have allowed 17-year-olds and who will be 18 years of age at the time of the next general election to register and vote in that general election and in any intervening primary or special election that occurs after the person registers to vote. ACA 2 was never brought up for a vote on the Assembly floor.
ACA 10 (Low), 2017, which is pending on the Assembly floor, lowers the minimum voting age and allows a person who is 17 years old and a resident of California to vote.
AB 1407 (McCarty), Chapter 4, Statutes of 2018, provides the automatic preregistration for every eligible person when that person applies for a driver's license or state identification card, unless the person elects to opt out.
AB 2245 (Berman), 2018, would, among other provisions, require certain information about preregistered voters remain confidential and not disclosed to any person, as specified. This bill is currently being considered by the Assembly Appropriations Committee.
POSITIONS
Sponsor: Author
Support: CALPIRG
Mid-City CAN
Oppose: None Received
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Discussed in Hearing
6MIN
Senate Standing Committee on Elections and Constitutional Amendments
Bill Author
Bill Co-Author(s):