THIRD READING  

Bill No: ACA 4

Author: Mullin (D) and Low (D), et al.

Amended: 6/20/20 in Senate

Vote: 27

SENATE ELECTIONS & C.A. COMMITTEE: 4-1, 6/23/20

AYES: Umberg, Hertzberg, Leyva, Stern

NOES: Nielsen

SENATE APPROPRIATIONS COMMITTEE: 5-1, 6/24/20

AYES: Portantino, Bradford, Hill, Leyva, Wieckowski

NOES: Jones

NO VOTE RECORDED: Bates

ASSEMBLY FLOOR: 58-13, 8/22/19 - See last page for vote

SUBJECT: Elections: voting age

SOURCE: Author

DIGEST:

This constitutional amendment permits a 17-year-old who will be 18 by the time of the next general election to vote at any primary or special election that occurs before the next general election.

ANALYSIS:

Existing law:

1. Requires an elector to be at least 18 years old in order to vote in any local, state, or federal election.
   
2. Permits a person who is a United States (US) citizen, a resident of California, not in prison or on parole for the conviction of a felony, and is at least 18 years of age at the time of the next election to register to vote in any local, state, or federal election.
   
3. Allows a person who is at least 16 years old and otherwise meets all voter eligibility requirements to preregister to vote. Provides that the registration will be deemed effective as soon as the affiant is 18 years old at the time of the next election.

This constitutional amendment permits a US citizen who is 17 years of age, is a California resident, and will be at least 18 years of age at the time of the next general election to vote in any primary or special election that occurs before the next general election in which the citizen would be eligible to vote if at least 18 years of age.

Background

Consistent with United States Constitution. The Twenty Sixth Amendment to the US Constitution states, "The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any state on account of age. "Additionally, Article II, Section 2 of the California Constitution states, "A United States citizen 18 years of age and resident in this State may vote." Since the US Constitution only addresses abridging the right to vote and this measure expands voting rights, there does not appear to be a conflict with the federal constitution. In an opinion dated April 12, 2004, the Legislative Counsel opined that an amendment to the California Constitution to permit a person under the age of 18 to vote would not violate federal law.

Other States. Although it appears that no state allows people under the age of 18 to vote in federal general elections, according to information from the National Conference of State Legislatures, at least 18 states (Colorado, Connecticut, Delaware, Illinois, Indiana, Kentucky, Maine, Maryland, Mississippi, Nebraska, New Mexico, North Carolina, Ohio, South Carolina, Utah, Vermont, Virginia, and West Virginia) and the District of Columbia permit a 17-year-old to vote in a primary election if the voter will turn 18 by the time of the general election. In some other states, 17-year-olds are allowed to participate in presidential caucuses if they will be 18 by the date of the general election, though the eligibility requirements for participating in a presidential caucus generally is determined by the political party conducting the caucus.

At least two localities (Takoma Park and Hyattsville, Maryland) have allowed 16- and 17-year-olds to vote in municipal elections. Takoma Park first permitted 16- and 17-year-olds to vote in its elections held in 2013, and Hyattsville first allowed 16- and 17-year-olds to vote in its 2015 elections. The city of Greenbelt, Maryland amended its charter in 2018 to allow 16- and 17-year-olds to vote in municipal elections. The first election in Greenbelt with a lower voting age requirement was held in November 2019.

Lowering the Voting Age in California. In 2016, voters in the City of Berkeley approved a charter amendment that permits the City Council to lower the voting age to 16 years old for school board elections.

In 2020, the San Francisco Board of Supervisors introduced a charter amendment that would permit 16- and 17-year-old residents to vote in San Francisco’s municipal elections. In 2016, a similar ballot measure, known as Proposition F, was proposed and subsequently rejected by San Francisco voters.

Additionally, in 2020, the Oakland City Council voted to submit a ballot measure to the voters for the November 3, 2020 general election that would amend the city’s charter to authorize the City Council to allow eligible individuals who are at least 16 years old to vote for the office of School Director by ordinance.

Comments

1. According to the author, ACA 4 will allow individuals who are 17 years of age who will be 18 years of age by the general election to register to vote and to vote in primary and special elections that occur after the individual registers to vote. This measure will amplify the voices of young voters in California by allowing more first-time voters to take part in the full election cycle rather than just the general election. This important change will result in a more inclusive election process in California, ensuring that first-time voters have the opportunity to select candidates that will ultimately appear on the November ballot.

This would also create an opportunity to increase voter turnout among youth voters. Allowing 17-year-olds to register and participate in primary elections would complement the civic education many receive in high school. Research indicates that voting is habit-forming. Early involvement in the electoral process for first-time voters should be a high priority for this reason.

1. More than a Primary. Unlike other states, California and numerous local jurisdictions within California use the state’s primary election for other elective purposes beyond deciding which candidates qualify for the general election. For example, the Legislature is able to place a ballot measure on the primary ballot. In the March 2020 election, there was one statewide ballot measure on the ballot. Additionally, many local jurisdictions (counties, cities, school boards, special districts, etc.) also elect their members and/or place ballot measures for voter approval on the primary ballot. For a large number of these jurisdictions, there is no run-off in the general election. This measure does not prohibit a voter under the age of 18 from voting on any contest on the ballot in a primary. However, it should be noted that many of the contests on a primary ballot will not appear on ballot for the general election.
2. Other Election Dates. Local elections can also take place on an established election date other than the statewide primary date and the day of the general election. For example, an election was held on April 14, 2020 in Los Angeles County for few charter cities. Among the cities taking part in the April 14 elections, the City of Lancaster elected a mayor, councilmembers, and decided on a ballot measure. This election and other elections held on this date were not special elections nor a primary election.
3. Age of Majority. This measure breaks with traditional notions of the age of majority and the responsibilities and privileges that accompany it. For the most part, California law does not allow minors to enter into civil contracts, including marriage, or to be held to the same standards of accountability in criminal matters, except in certain circumstances. With a few limited exceptions (most notably the legal drinking age and the legal smoking age), California confers the legal rights and responsibilities attendant with adulthood on those individuals who are 18 years of age or older.
4. Approval by Voters. As a constitutional amendment, this measure requires the approval of the voters to take effect. Legislation making statutory changes necessary to implement this measure would also be required.

Related/Prior Legislation

ACA 8 (Low of 2020), lowers the voting age to 17 year olds. Similarly, ACA 10 (Low of 2017) proposed lowering the voting age to 17. ACA 10 failed passage on the Assembly Floor.

ACA 6 (McCarty of 2020), permits a person who is on parole for the conviction of a felony to register to vote and to vote.

ACA 7 (Gonzalez of 2016), would have permitted 16 and 17 year olds to vote in school and community college district governing board elections, as specified. A vote was not taken when the measure was heard in the Assembly Committee on Elections and Redistricting.

AB 2517 (Thurmond of 2016), would have allowed a charter city to permit 16 and 17 year olds to vote in school district elections if those elections are governed by the city's charter, as specified. A vote was not taken when the bill was heard in the Assembly Committee on Elections and Redistricting.

ACA 2 (Mullin of 2015), ACA 7 (Mullin of 2013), ACA 2 (Furutani of 2009), ACA 17 (Mullin of 2005), and ACA 25 (Mullin of 2004), all were similar to ACA 4. All of these measures were approved by the Assembly Elections & Redistricting Committee (or, in the case of ACA 25 of 2004, the Assembly Elections, Redistricting, and Constitutional Amendments Committee), but none of the measures passed off the Assembly Floor.

SB 113 (Jackson, Chapter 619, Statutes of 2014), expanded pre-registration by authorizing a 16 year old to pre-register to vote, provided the person meets all other eligibility requirements.

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.

SCA 19 (Vasconcellos of 2004), initially proposed to lower the voting age to 14 years, with votes by 14 and 15 year olds counting as one-quarter of a vote, and votes by 16 and 17 year olds counting as one-half of a vote. SCA 19 subsequently was amended instead to lower the voting age to 16, with all votes counting equally as a single vote. SCA 19 failed passage in the Senate Appropriations Committee.

ACA 23 (Speier of 1995), proposed lowering the voting age to 14, but was never set for a hearing in the Assembly Elections, Reapportionment, and Constitutional Amendments Committee.

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

According to the Senate Appropriations Committee, this measure would result in one-time General Fund costs to the Secretary of State (SOS) in the range of $480,000 to $640,000, likely in 2020-21, for printing and mailing costs to place the measure on the ballot in a statewide election. Actual costs may be higher or lower, depending on the length of required elements and the overall size of the ballot.

Additionally, the measure would result in one-time increased General Fund costs of roughly $250,000 for SOS to provide new or replenish existing registration cards and for changes to the VoteCal system, including validation and modifications on the California Online Voter Registration website (COVR).

SUPPORT: (Verified 6/24/20)

Secretary of State Alex Padilla

Alliance for Boys and Men of Color

California Association of Student Councils

California League of Conservation Voters

California School Boards Association

California YMCA Youth & Government

IGNITE

League of Women Voters of California

Peninsula Young Democrats

Power California

University of California Student Association

OPPOSITION: (Verified 6/24/20)

California Election Integrity Project, Inc.

ARGUMENTS IN SUPPORT: In a letter supporting ACA 4, the California Association of Student Councils, stated, in part, the following:

This amendment would serve as a means to further channel the civic enthusiasm among 17 year olds into the habitual practice of voting. By allowing students who will turn 18 before the general election the chance to be involved in the preliminary stages, California would provide them with an incentive to follow through in the elections process rather than asking them to dive head first into the general election.

ARGUMENTS IN OPPOSITION: In a letter opposing ACA 4, California Election Integrity Project, Inc., stated, in part, the following:

…18-year-olds will almost always be high school graduates by November, either beginning to earn their way in the world or beginning to prepare for a future career by vocational training or enrollment in an institution of higher learning. This entrance into “real life” creates a sobering and maturing effect that 17-year-olds will not have experienced. Most will see the world differently, more responsibly, and will feel more ownership for their own lives and the political decisions that affect them. Only when people reach that stage can they cast an educated vote.

There is NO legitimate reason to extend voting rights to legal minors, and many scientific and logical reasons not to.

ASSEMBLY FLOOR: 58-13, 8/22/19

AYES: Aguiar-Curry, Arambula, Bauer-Kahan, Berman, Bloom, Boerner Horvath, Bonta, Burke, Calderon, Carrillo, Cervantes, Chau, Chiu, Chu, Cooley, Cooper, Daly, Diep, Eggman, Friedman, Gabriel, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Limón, Maienschein, McCarty, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Petrie-Norris, Quirk, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Voepel, Wicks, Wood, Rendon

NOES: Bigelow, Brough, Choi, Cunningham, Fong, Gallagher, Kiley, Lackey, Levine, Mathis, Obernolte, Patterson, Waldron

NO VOTE RECORDED: Chen, Flora, Frazier, Gray, Low, Mayes, Melendez, Weber

Prepared by: Scott Matsumoto / E. & C.A. / (916) 651-4106

6/25/20 0:11:00

**** END ****

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:ACA 4

Author:(Mullin and Low)

As Amended Ver:June 20, 2020

2/3 vote

SUMMARY:

Permits a United States (US) citizen who is 17 years of age, is a resident of the state, and who will be at least 18 years of age at the time of the next general election to vote in any primary or special election that occurs before the next general election in which the citizen would be eligible to vote if at least 18 years of age.

The Senate Amendments:

Make a clarifying change and add a joint author.

COMMENTS:

The California Constitution provides the right to vote to individuals who are 18 years of age or older, residents of the state, and citizens of the country. With a few exceptions, such as the legal drinking age and smoking age, California confers the legal rights and responsibilities of adulthood on those individuals who are 18 years of age or older.

The 26th Amendment to the US Constitution states, "The right of citizens of the United States, who are 18 years of age or older, to vote shall not be denied or abridged by the United States or by any state on account of age." Because the US Constitution only addresses abridging the right to vote and this measure expands voting rights there appears to be no conflict with the federal constitution. In an opinion dated April 12, 2004, the Legislative Counsel opined that an amendment to the California Constitution to permit a person under the age of 18 to vote would not violate federal law.

According to information from the National Conference of State Legislatures, at least 17 states (Connecticut, Delaware, Illinois, Indiana, Kentucky, Maine, Maryland, Mississippi, Nebraska, New Mexico, North Carolina, Ohio, South Carolina, Utah, Vermont, Virginia, and West Virginia) and the District of Columbia permit a 17-year-old to vote in a primary election if the voter will turn 18 by the time of the general election. In some other states, 17-year-olds are allowed to participate in presidential caucuses if they will be 18 by the date of the general election, though the eligibility requirements for participating in a presidential caucus generally are determined by the political party that is conducting the caucus.

ACA 8 (Low) of the current legislative session would lower the voting age to 17 years of age.

ACA 10 (Low) of 2017, proposed lowering the voting age to 17. ACA 10 failed passage on the Assembly Floor.

As a constitutional amendment, this measure requires the approval of the voters to take effect. Legislation making statutory changes necessary to implement this measure would also be required.

According to the Author:

"ACA 4 will allow individuals who are 17 years of age who will be 18 years of age by the general election to register to vote and to vote in primary and special elections that occur after the individual registers to vote. This measure will amplify the voices of young voters in California by allowing more first-time voters to take part in the full election cycle rather than just the general election. This important change will result in a more inclusive election process in California, ensuring that first-time voters have the opportunity to select candidates that will ultimately appear on the November ballot. This would also create an opportunity to increase voter turnout among youth voters. Allowing 17-year-olds to register and participate in primary elections would complement the civic education many receive in high school. Research indicates that voting is habit-forming. Early involvement in the electoral process for first-time voters should be a high priority for this reason."

Arguments in Support:

In support of this measure, the California Association of Student Councils writes, "Young people whose birthdays fall between the primary [and] general election are currently at a disadvantage to those who are permitted to vote in the primaries. Without full exposure to the election process they are unable to submit their most educated vote in the general election. Assembly Constitutional Amendment [four] would ensure that a greater number of citizens voting in the general election have the resources and experience they need to provide the vote that best matches their own values."

Arguments in Opposition:

In opposition to this measure, the Election Integrity Project California, Inc., writes, "17-year-olds are legal minors. Under that definition, they are still considered children. They are almost all still living at home and under the strong influence of their parents. This is not conducive to independent thought and voting without undue pressure from their immediate superiors… 17-year-olds will almost always still be in high school, and under the strong influence of their teachers. This again makes it less likely that they would be expressing their own, independently thought-out choices were they to be allowed to vote."

FISCAL COMMENTS:

According to the Senate Appropriations Committee, "[t]his measure would result in one-time General Fund costs to the Secretary of State (SOS) in the range of $480,000 to $640,000, likely in 2020-21, for printing and mailing costs to place the measure on the ballot in a statewide election. Actual costs may be higher or lower, depending on the length of required elements and the overall size of the ballot.

"Additionally, the measure would result in one-time increased General Fund costs of roughly $250,000 for SOS to provide new or replenish existing registration cards and for changes to the VoteCal system, including validation and modifications on the California Online Voter Registration website (COVR)."

VOTES:

ASM ELECTIONS AND REDISTRICTING: 4-0-3

YES: Berman, Calderon, Low, Mullin

ABS, ABST OR NV: Gallagher, Mayes, Weber

ASM APPROPRIATIONS: 13-4-1

YES: Gonzalez, Bloom, Bonta, Calderon, Carrillo, Chau, Diep, Eggman, Gabriel, Eduardo Garcia, Petrie-Norris, Quirk, Robert Rivas

NO: Bigelow, Brough, Fong, Obernolte

ABS, ABST OR NV: Maienschein

ASSEMBLY FLOOR: 58-13-8

YES: Aguiar-Curry, Arambula, Bauer-Kahan, Berman, Bloom, Boerner Horvath, Bonta, Burke, Calderon, Carrillo, Cervantes, Chau, Chiu, Chu, Cooley, Cooper, Daly, Diep, Eggman, Friedman, Gabriel, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Limón, Maienschein, McCarty, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Petrie-Norris, Quirk, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Voepel, Wicks, Wood, Rendon

NO: Bigelow, Brough, Choi, Cunningham, Fong, Gallagher, Kiley, Lackey, Levine, Mathis, Obernolte, Patterson, Waldron

ABS, ABST OR NV: Chen, Flora, Frazier, Gray, Low, Mayes, Melendez, Weber

UPDATED:

VERSION: June 20, 2020

CONSULTANT: Ethan Jones / E. & R. / (916) 319-2094 FN: 0003145

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2019 - 2020 Regular Session

ACA 4 (Mullin) - Elections: voting age

Bill Summary:

ACA 4, if approved by the voters, would to permit a 17-year-old who will be 18 by the time of the next general election to vote at any primary or special election held prior to that general election.

Fiscal Impact:

This measure would result in one-time General Fund costs to the Secretary of State (SOS) in the range of $480,000 to $640,000, likely in 2020-21, for printing and mailing costs to place the measure on the ballot in a statewide election. Actual costs may be higher or lower, depending on the length of required elements and the overall size of the ballot.

Additionally, the measure would result in one-time increased General Fund costs of roughly $250,000 for SOS to provide new or replenish existing registration cards and for changes to the VoteCal system, including validation and modifications on the California Online Voter Registration website (COVR).

Background:

The California Constitution provides the right to vote to individuals who are 18 years of age or older, residents of the state and citizens of the country. With a few exceptions, such as the legal drinking age and smoking age, California confers the legal rights and responsibilities of adulthood on those individuals who are 18 years of age or older.

The National Conference on State Legislatures (NCSL) indicates that the District of Columbia and 17 states have enacted legislation or passed initiatives to allow a 17-year-old to vote in primary elections if the individual will turn 18 by the of the general election. Other states that hold caucuses instead of primaries have adopted similar provisions.

Proposed Law:

This measure, would authorize a United States citizen who is 17 years of age, is a resident of the State, and will be at least 18 years of age at the time of the next general election to vote in any primary or special election that occurs before the next general election in which the citizen would be eligible to vote if at least 18 years of age.

Related Legislation:

ACA 8 (Low) would amend the constitution, upon approval by the voters, to lower the voting age from 18 years of age to 17 years of age. The measure is currently pending in the Senate Elections and Constitutional Amendments Committee.

Staff Comments:

SOS indicates that printing and mailing costs associated with placing a measure on the statewide ballot are approximately $80,000 per page, depending on the length of the ballot. The fiscal estimates noted above reflect the addition of 6-8 pages in the Voter Information Guide. Actual costs would depend upon the length of the title and summary, analysis by the Legislative Analyst’s Office, proponent and opponent arguments, and text of the proposal.

-- END --

SENATE COMMITTEE ON

ELECTIONS AND CONSTITUTIONAL AMENDMENTS

Senator Thomas Umberg, Chair

2019 - 2020 Regular

Bill No: 4 Hearing Date: 6/23/20

Subject:

DIGEST

This measure permits a 17-year-old who will be 18 by the time of the next general election to vote at any primary or special election that occurs before the next general election.

ANALYSIS

Existing law:

1. Requires an elector to be at least 18 years old in order to vote in any local, state, or federal election.
   
2. Permits a person who is a United States (US) citizen, a resident of California, not in prison or on parole for the conviction of a felony, and is at least 18 years of age at the time of the next election to register to vote in any local, state, or federal election.
   
3. Allows a person who is at least 16 years old and otherwise meets all voter eligibility requirements to preregister to vote. Provides that the registration will be deemed effective as soon as the affiant is 18 years old at the time of the next election.

This measure:

1. Permits a US citizen who is 17 years of age, is a California resident, and will be at least 18 years of age at the time of the next general election to vote in any primary or special election that occurs before the next general election in which the citizen would be eligible to vote if at least 18 years of age.

BACKGROUND

Consistent with United States Constitution. The Twenty Sixth Amendment to the US Constitution states, "The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any state on account of age. "Additionally, Article II, Section 2 of the California Constitution states, "A United States citizen 18 years of age and resident in this State may vote." Since the US Constitution only addresses abridging the right to vote and this measure expands voting rights, there does not appear to be a conflict with the federal constitution. In an opinion dated April 12, 2004, the Legislative Counsel opined that an amendment to the California Constitution to permit a person under the age of 18 to vote would not violate federal law.

Other States. Although it appears that no state allows people under the age of 18 to vote in federal general elections, according to information from the National Conference of State Legislatures, at least 18 states (Colorado, Connecticut, Delaware, Illinois, Indiana, Kentucky, Maine, Maryland, Mississippi, Nebraska, New Mexico, North Carolina, Ohio, South Carolina, Utah, Vermont, Virginia, and West Virginia) and the District of Columbia permit a 17-year-old to vote in a primary election if the voter will turn 18 by the time of the general election. In some other states, 17-year-olds are allowed to participate in presidential caucuses if they will be 18 by the date of the general election, though the eligibility requirements for participating in a presidential caucus generally is determined by the political party conducting the caucus.

At least two localities (Takoma Park and Hyattsville, Maryland) have allowed 16- and 17-year-olds to vote in municipal elections. Takoma Park first permitted 16- and 17-year-olds to vote in its elections held in 2013, and Hyattsville first allowed 16- and 17-year-olds to vote in its 2015 elections. The city of Greenbelt, Maryland amended its charter in 2018 to allow 16- and 17-year-olds to vote in municipal elections. The first election in Greenbelt with a lower voting age requirement was held in November 2019.

Lowering the Voting Age in California. In 2016, voters in the City of Berkeley approved a charter amendment that permits the City Council to lower the voting age to 16 years old for school board elections.

In 2020, the San Francisco Board of Supervisors introduced a charter amendment that would permit 16- and 17-year-old residents to vote in San Francisco’s municipal elections. In 2016, a similar ballot measure, known as Proposition F, was proposed and subsequently rejected by San Francisco voters.

Additionally, in 2020, the Oakland City Council voted to submit a ballot measure to the voters for the November 3, 2020 general election that would amend the city’s charter to authorize the City Council to allow eligible individuals who are at least 16 years old to vote for the office of School Director by ordinance.

COMMENTS

1. According to the author: ACA 4 will allow individuals who are 17 years of age who will be 18 years of age by the general election to register to vote and to vote in primary and special elections that occur after the individual registers to vote. This measure will amplify the voices of young voters in California by allowing more first-time voters to take part in the full election cycle rather than just the general election. This important change will result in a more inclusive election process in California, ensuring that first-time voters have the opportunity to select candidates that will ultimately appear on the November ballot.

This would also create an opportunity to increase voter turnout among youth voters. Allowing 17-year-olds to register and participate in primary elections would complement the civic education many receive in high school. Research indicates that voting is habit-forming. Early involvement in the electoral process for first-time voters should be a high priority for this reason.

1. More than a Primary. Unlike other states, California and numerous local jurisdictions within California use the state’s primary election for other elective purposes beyond deciding which candidates qualify for the general election. For example, the Legislature is able to place a ballot measure on the primary ballot. In the March 2020 election, there was one statewide ballot measure on the ballot. Additionally, many local jurisdictions (counties, cities, school boards, special districts, etc.) also elect their members and/or place ballot measures for voter approval on the primary ballot. For a large number of these jurisdictions, there is no run-off in the general election. This measure does not prohibit a voter under the age of 18 from voting on any contest on the ballot in a primary. However, it should be noted that many of the contests on a primary ballot will not appear on ballot for the general election.
2. Other Election Dates. Local elections can also take place on an established election date other than the statewide primary date and the day of the general election. For example, an election was held on April 14, 2020 in Los Angeles County for few charter cities. Among the cities taking part in the April 14 elections, the City of Lancaster, elected a mayor, councilmembers, and decided on a ballot measure. This election and other elections held on this date were not special elections nor a primary election.

Since there are local offices and ballot measures decided on an established election date on a day other than a special election and in between the primary and general election, the author should consider whether a 17-year-old should be able to vote in elections beyond an intervening primary or special election that occurs before the next general election.

1. Age of Majority. This measure breaks with traditional notions of the age of majority and the responsibilities and privileges that accompany it. For the most part, California law does not allow minors to enter into civil contracts, including marriage, or to be held to the same standards of accountability in criminal matters, except in certain circumstances.
   
   With a few limited exceptions (most notably the legal drinking age and the legal smoking age), California confers the legal rights and responsibilities attendant with adulthood on those individuals who are 18 years of age or older. The committee should consider whether the right to vote is appropriate to confer on certain individuals who have not yet reached the age of majority.
2. Argument in Support. In a letter supporting ACA 4, the California Association of Student Councils, stated, in part, the following:

This amendment would serve as a means to further channel the civic enthusiasm among 17 year olds into the habitual practice of voting. By allowing students who will turn 18 before the general election the chance to be involved in the preliminary stages, California would provide them with an incentive to follow through in the elections process rather than asking them to dive head first into the general election.

1. Argument in Opposition. In a letter opposing ACA 4, Election Integrity Project California, Inc., stated, in part, the following:

…18-year-olds will almost always be high school graduates by November, either beginning to earn their way in the world or beginning to prepare for a future career by vocational training or enrollment in an institution of higher learning. This entrance into “real life” creates a sobering and maturing effect that 17-year-olds will not have experienced. Most will see the world differently, more responsibly, and will feel more ownership for their own lives and the political decisions that affect them. Only when people reach that stage can they cast an educated vote.

There is NO legitimate reason to extend voting rights to legal minors, and many scientific and logical reasons not to.

1. Approval by Voters. As a constitutional amendment, this measure requires the approval of the voters to take effect. Legislation making statutory changes necessary to implement this measure would also be required.

RELATED/PRIOR LEGISLATION

ACA 2 (Mullin) of 2015, ACA 7 (Mullin) of 2013, ACA 2 (Furutani) of 2009, ACA 17 (Mullin) of 2005, and ACA 25 (Mullin) of 2004, all were similar to ACA 4. All of these measures were approved by the Assembly Elections & Redistricting Committee (or, in the case of ACA 25 of 2004, the Assembly Elections, Redistricting, and Constitutional Amendments Committee), but none of the measures passed off the Assembly Floor.

ACA 8 (Low) of 2020, would lower the voting age to 17 year olds. Similarly, ACA 10 (Low) of 2017 proposed lowering the voting age to 17. ACA 10 failed passage on the Assembly Floor.

ACA 7 (Gonzalez) of 2016, would have permitted 16 and 17 year olds to vote in school and community college district governing board elections, as specified. A vote was not taken when the measure was heard in the Assembly Committee on Elections and Redistricting.

AB 2517 (Thurmond) of 2016, would have allowed a charter city to permit 16 and 17 year olds to vote in school district elections if those elections are governed by the city's charter, as specified. A vote was not taken when the bill was heard in the Assembly Committee on Elections and Redistricting.

AB 30 (Price), Chapter 364, Statutes of 2009, allows 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, expands pre-registration by authorizing a 16 year old to pre-register to vote, provided the person meets all other eligibility requirements.

SCA 19 (Vasconcellos) of 2004, initially proposed to lower the voting age to 14 years, with votes by 14 and 15 year olds counting as one-quarter of a vote, and votes by 16 and 17 year olds counting as one-half of a vote. SCA 19 subsequently was amended instead to lower the voting age to 16, with all votes counting equally as a single vote. SCA 19 failed passage in the Senate Appropriations Committee.

ACA 23 (Speier) of 1995 proposed lowering the voting age to 14, but was never set for a hearing in the Assembly Elections, Reapportionment, and Constitutional Amendments Committee.

ACA 6 (McCarty) of 2020 would permit a person who is on parole for the conviction of a felony to register to vote and to vote.

PRIOR ACTION

POSITIONS

Sponsor: Author

Support: California Secretary of State, Alex Padilla

Alliance for Boys and Men of Color

California Association of Student Councils

California League of Conservation Voters

California School Boards Association

California YMCA Youth & Government

IGNITE

League of Women Voters of California

Peninsula Young Democrats

University of California Student Association

Oppose: California Election Integrity Project, Inc.

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:ACA 4

Author:(Mullin)

As Introduced Ver:January 18, 2019

2/3 vote

SUMMARY:

Permits a United States (US) citizen who is 17 years of age, is a resident of the state, and who will be at least 18 years of age at the time of the next general election to vote in any intervening primary or special election that occurs before the next general election.

Major Provisions

COMMENTS:

The California Constitution provides the right to vote to individuals who are 18 years of age or older, residents of the state, and citizens of the country. With a few exceptions, such as the legal drinking age and smoking age, California confers the legal rights and responsibilities of adulthood on those individuals who are 18 years of age or older.

The 26th Amendment to the US Constitution states, "The right of citizens of the United States, who are 18 years of age or older, to vote shall not be denied or abridged by the United States or by any state on account of age." Because the US Constitution only addresses abridging the right to vote and this measure expands voting rights there appears to be no conflict with the federal constitution. In an opinion dated April 12, 2004, the Legislative Counsel opined that an amendment to the California Constitution to permit a person under the age of 18 to vote would not violate federal law.

According to information from the National Conference of State Legislatures, at least 17 states (Connecticut, Delaware, Illinois, Indiana, Kentucky, Maine, Maryland, Mississippi, Nebraska, New Mexico, North Carolina, Ohio, South Carolina, Utah, Vermont, Virginia, and West Virginia) and the District of Columbia permit a 17-year-old to vote in a primary election if the voter will turn 18 by the time of the general election. In some other states, 17-year-olds are allowed to participate in presidential caucuses if they will be 18 by the date of the general election, though the eligibility requirements for participating in a presidential caucus generally are determined by the political party that is conducting the caucus.

ACA 8 (Low) of the current legislative session would lower the voting age to 17 years of age.

ACA 10 (Low) of 2017, proposed lowering the voting age to 17. ACA 10 failed passage on the Assembly Floor.

As a constitutional amendment, this measure requires the approval of the voters to take effect. Legislation making statutory changes necessary to implement this measure would also be required.

According to the Author:

"ACA 4 will allow individuals who are 17 years of age who will be 18 years of age by the general election to register to vote and to vote in primary and special elections that occur after the individual registers to vote. This measure will amplify the voices of young voters in California by allowing more first-time voters to take part in the full election cycle rather than just the general election. This important change will result in a more inclusive election process in California, ensuring that first-time voters have the opportunity to select candidates that will ultimately appear on the November ballot. This would also create an opportunity to increase voter turnout among youth voters. Allowing 17-year-olds to register and participate in primary elections would complement the civic education many receive in high school. Research indicates that voting is habit-forming. Early involvement in the electoral process for first-time voters should be a high priority for this reason."

Arguments in Support:

In support of this measure, the California Association of Student Councils writes, "Young people whose birthdays fall between the primary [and] general election are currently at a disadvantage to those who are permitted to vote in the primaries. Without full exposure to the election process they are unable to submit their most educated vote in the general election. Assembly Constitutional Amendment [four] would ensure that a greater number of citizens voting in the general election have the resources and experience they need to provide the vote that best matches their own values."

Arguments in Opposition:

In opposition to this measure, the Election Integrity Project California, Inc., writes, "17-year-olds are legal minors. Under that definition, they are still considered children. They are almost all still living at home and under the strong influence of their parents. This is not conducive to independent thought and voting without undue pressure from their immediate superiors… 17-year-olds will almost always still be in high school, and under the strong influence of their teachers. This again makes it less likely that they would be expressing their own, independently thought-out choices were they to be allowed to vote."

FISCAL COMMENTS:

According to the Assembly Appropriations Committee:

1. One-time General Fund (GF) costs of at least $200,000 to include an analysis of the measure, and arguments for and against the measure, in the statewide voter pamphlet. The actual costs, assumed to be about $69,000 per page in the voter guide, will depend on the length of the analysis by the Legislative Analyst's Office, proponent and opponent arguments and the text of the proposal, which in this case is very short.
2. One-time increased GF costs, in the approximate range of $200,000 to $250,000, for the Secretary of State to provide new or replenish existing registration cards and for changes to the VoteCal system, including validation and modifications on the California Online Voter Registration website.

3) Minimal county costs.

VOTES:

ASM ELECTIONS AND REDISTRICTING: 4-0-3

YES: Berman, Calderon, Low, Mullin

ABS, ABST OR NV: Gallagher, Mayes, Weber

ASM APPROPRIATIONS: 13-4-1

YES: Gonzalez, Bloom, Bonta, Calderon, Carrillo, Chau, Diep, Eggman, Gabriel, Eduardo Garcia, Petrie-Norris, Quirk, Robert Rivas

NO: Bigelow, Brough, Fong, Obernolte

ABS, ABST OR NV: Maienschein

UPDATED:

VERSION: January 18, 2019

CONSULTANT: Ethan Jones / E. & R. / (916) 319-2094 FN: 0001311

Date of Hearing: August 14, 2019

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:ACA 4

Author:(Mullin) – As Introduced Ver:January 18, 2019

Urgency: State Mandated Local Program: No Reimbursable: No

SUMMARY:

This measure amends the constitution, upon approval of the voters, to permit a 17-year-old who will be 18 by the time of the next general election to vote at any primary or special election held prior to that general election. The existing voting requirements to be a resident of the state and a citizen of the country apply.

FISCAL EFFECT:

1. One-time GF costs of at least $200,000 to include an analysis of the measure, and arguments for and against the measure, in the statewide voter pamphlet. The actual costs, assumed to be about $69,000 per page in the voter guide, will depend on the length of the analysis by the Legislative Analyst’s Office, proponent and opponent arguments and the text of the proposal, which in this case is very short.
2. One-time increased GF costs, in the approximate range of $200,000 to $250,000, for the Secretary of State (SOS) to provide new or replenish existing registration cards and for changes to the VoteCal system, including validation and modifications on the California Online Voter Registration website (COVR).
3. Minimal county costs.

COMMENTS:

1. Background and Purpose. The California Constitution provides the right to vote to individuals who are 18 years of age or older, residents of the state and citizens of the country. With a few exceptions, such as the legal drinking age and smoking age, California confers the legal rights and responsibilities of adulthood on those individuals who are 18 years of age or older.

ACA 4 proposes to allow individuals who are 17 years of age and who will be 18 years of age by the general election to register to vote and to vote in primary and special elections that occur after the individual registers to vote. According to the author:

Allowing 17-year-olds to register and participate in primary elections would complement the civic education many receive in high school. Research indicates that voting is habit-forming. Early involvement in the electoral process for first-time voters should be a high priority for this reason.

1. Other States. According to the National Conference on State Legislatures (NCSL), the District of Columbia and the following states have enacted legislation or passed initiatives to allow a 17-year-old to vote in primary elections if the individual will turn 18 by the of the general election: Connecticut, Delaware, Illinois, Indiana, Kentucky, Maine, Maryland, Mississippi, Nebraska, New Mexico, North Carolina, Ohio, South Carolina, Utah, Vermont, Virginia and West Virginia. Other states that hold caucuses instead of primaries have adopted similar provisions.

In 2016, voters in the City of Berkeley approved a charter amendment to permit the city council to lower the voting age to 16 years old for school board elections. That measure has not yet been implemented.

1. Related Legislation. ACA 8 (Low) amends the constitution, upon approval by the voters, to lower the voting age from 18 years of age to 17 years of age. That measure is to be heard August 14^th, 2019 in this committee.
2. Approval by Voters. As a constitutional amendment, this measure requires the approval of the voters to take effect. Legislation to make the statutory changes necessary to implement this measure will also be required.
   

Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081

Date of Hearing: June 19, 2019

ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING

Marc Berman, Chair

ABPCA Bill Id:ACA 4 (

Author:Mullin) – As Introduced Ver:January 18, 2019

SUBJECT: Elections: voting age.

SUMMARY: Allows a 17 year old who will be 18 by the time of the next general election to vote at any primary or special election that occurs before that general election. Specifically, this bill permits a United States (US) citizen who is 17 years of age, is a resident of the state, and who will be at least 18 years of age at the time of the next general election to vote in any intervening primary or special election that occurs before the next general election.

EXISTING LAW:

1. Requires an elector to be at least 18 years old in order to vote in any local, state, or federal election.
   
2. Permits a person who is a US citizen, a resident of California, not in prison or on parole for the conviction of a felony, and is at least 18 years of age at the time of the next election to register to vote in any local, state, or federal election.
   
3. Allows a person who is at least 16 years old and otherwise meets all voter eligibility requirements to preregister to vote. Provides that the registration will be deemed effective as soon as the affiant is 18 years old at the time of the next election.

FISCAL EFFECT: Unknown

COMMENTS:

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

Voter turnout for primary elections is consistently lower than observed voter turnout levels for general elections. According to the Secretary of State’s office, 50.45% of eligible voters in California participated in the 2018 general election while only 28.43% of eligible voters participated in the 2018 primary election. Participation of eligible voters for the 2016 general and primary elections in California were slightly higher at 58.74% and 34.49% respectively, yet turnout statistics for presidential election years are consistently higher.

Amongst various age demographics of eligible voters, the young adult population has a staggering minimal voter turnout rate in comparison to other age groups. According to research conducted by the California Civic Engagement Project, while the overall turnout for eligible voters was approximately 50%, the turnout for eligible youth voters was much less at 27.5% for the 2018 general election in California. The registration rate for youth voters during the 2018 general election was also much smaller with 61.6% of youth eligible voters registered and 78.9% of the entire population of eligible voters registered.

ACA 4 will allow individuals who are 17 years of age who will be 18 years of age by the general election to register to vote and to vote in primary and special elections that occur after the individual registers to vote. This measure will amplify the voices of young voters in California by allowing more first-time voters to take part in the full election cycle rather than just the general election. This important change will result in a more inclusive election process in California, ensuring that first-time voters have the opportunity to select candidates that will ultimately appear on the November ballot.

This would also create an opportunity to increase voter turnout among youth voters. Allowing 17-year-olds to register and participate in primary elections would complement the civic education many receive in high school. Research indicates that voting is habit-forming. Early involvement in the electoral process for first-time voters should be a high priority for this reason.

1. Consistent with United States Constitution: The Twenty Sixth Amendment to the US Constitution states, "The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any state on account of age." Additionally, Article II, Section 2 of the California Constitution states, "A United States citizen 18 years of age and resident in this State may vote." Because the US Constitution only addresses abridging the right to vote and this measure expands voting rights there appears to be no conflict with the federal constitution. In an opinion dated April 12, 2004, the Legislative Counsel opined that an amendment to the California Constitution to permit a person under the age of 18 to vote would not violate federal law.
2. Other States: Although it appears that no state allows people under the age of 18 to vote in federal general elections, according to information from the National Conference of State Legislatures, at least 17 states (Connecticut, Delaware, Illinois, Indiana, Kentucky, Maine, Maryland, Mississippi, Nebraska, New Mexico, North Carolina, Ohio, South Carolina, Utah, Vermont, Virginia, and West Virginia) and the District of Columbia permit a 17-year-old to vote in a primary election if the voter will turn 18 by the time of the general election. In some other states, 17-year-olds are allowed to participate in presidential caucuses if they will be 18 by the date of the general election, though the eligibility requirements for participating in a presidential caucus generally is determined by the political party that is conducting the caucus.
   
   At least two localities (Takoma Park and Hyattsville, Maryland) have allowed 16 and 17 year olds to vote in municipal elections. Takoma Park first permitted 16 and 17 year olds to vote in its elections held in 2013, and Hyattsville first allowed 16 and 17 year olds to vote in its 2015 elections. The city of Greenbelt, Maryland amended its charter in 2018 to allow 16 and 17 year olds to vote in municipal elections; the first election at which the lower voting age is in effect will be held later this year.
   
   In 2016, voters in the City of Berkeley approved a charter amendment that permits the City Council to lower the voting age to 16 years old for school board elections, but that measure has not yet been implemented.
3. Age of Majority: This measure breaks with traditional notions of the age of majority and the responsibilities and privileges attached thereto. For the most part, California law does not allow minors to enter into civil contracts, including marriage, or to be held to the same standards of accountability in criminal matters, absent extenuating circumstances.
   
   With a few limited exceptions (most notably the legal drinking age and the legal smoking age), California confers the legal rights and responsibilities attendant with adulthood on those individuals who are 18 years of age or older. The committee should consider whether it is appropriate to confer one specific legal right—the right to vote—on certain individuals who have not yet reached the age of majority.
   
4. Arguments in Support: In support of this measure, the California Association of Student Councils (CASC) writes:

Over the past several years, students across the state have taken remarkable initiative to speak up for issues such as gun violence, climate justice, human trafficking and sexual harassment; these activists have primarily been in high school from the ages of 15-17. Students of this age realize the issues that need to be addressed and have resorted to exhausting all means of civic engagement that is currently available to them. It is essential for our democracy that we extend their rights to include the ability to vote in primary and special elections. This amendment would serve as a means to further channel the civic enthusiasm among 17 year olds into the habitual practice of voting. By allowing students who will turn 18 before the general election the chance to be involved in the preliminary stages, California would provide them with an incentive to follow through in the elections process rather than asking them to dive head first into the general election.

Young people whose birthdays fall between the primary elections and the general election are currently at a disadvantage to those who are permitted to vote in the primaries. Without full exposure to the election process they are unable to submit their most educated vote in the general election. Assembly Constitutional Amendment 4 would ensure that a greater number of citizens voting in the general election have the resources and experience they need to provide the vote that best matches their own values.

1. Arguments in Opposition: In opposition to this measure, the Election Integrity Project California, Inc., writes:

17-year-olds are legal minors. Under that definition, they are still considered children. They are almost all still living at home and under the strong influence of their parents. This is not conducive to independent thought and voting without undue pressure from their immediate superiors.

This situation is exacerbated by the fact that over 75% of CA voters are voting with a mail-in ballot and that same percentage would logically apply to 17-year-old, would-be voters. Therefore, these children would be marking their ballot in the home, quite probably under the direct “assistance” of the adults in their environment. They would not be guaranteed the freedom to vote independently and express their own conscience.

17-year-olds will almost always still be in high school, and under the strong influence of their teachers. This again makes it less likely that they would be expressing their own, independently thought-out choices were they to be allowed to vote.

1. Related Legislation: ACA 8 (Low), which is also being heard in this committee today, would lower the voting age from 18 years of age to 17 years of age.
   
   ACA 6 (McCarty), which is also being heard in this committee today, would permit a person who is on parole for the conviction of a felony to register to vote and to vote.
   
2. Previous Legislation: ACA 2 (Mullin) of 2015; ACA 7 (Mullin) of 2013, ACA 2 (Furutani) of 2009, ACA 17 (Mullin) of 2005, and ACA 25 (Mullin) of 2004, all were similar to this measure. All of these measures were approved by the Assembly Elections & Redistricting Committee (or, in the case of ACA 25 of 2004, the Assembly Elections, Redistricting, and Constitutional Amendments Committee), but none of the measures passed off the Assembly Floor.
   
   ACA 10 (Low) of 2017, proposed lowering the voting age to 17. ACA 10 was approved by this committee on a 4-2 vote, but failed passage on the Assembly Floor.
   
   ACA 7 (Gonzalez) of 2016, would have permitted 16 and 17 year olds to vote in school and community college district governing board elections, as specified. No vote was taken in this committee on this measure.
   
   AB 2517 (Thurmond) of 2016, would have allowed a charter city to permit 16 and 17 year olds to vote in school district elections if those elections are governed by the city's charter, as specified. No vote was taken in this committee on this bill.
   
   AB 30 (Price), Chapter 364, Statutes of 2009, allows a person who is 17 years of age to pre-register to vote, provided that the person would otherwise meet all eligibility requirements. SB 113 (Jackson), Chapter 619, Statutes of 2014, expands pre-registration by authorizing a 16 year old to pre-register to vote, provided that the person meets all other eligibility requirements.
   
   SCA 19 (Vasconcellos) of 2004, initially proposed to lower the voting age to 14 years, with votes by 14 and 15 year olds counting as one-quarter of a vote, and votes by 16 and 17 year olds counting as one-half of a vote. SCA 19 subsequently was amended instead to lower the voting age to 16, with all votes counting equally as a single vote. SCA 19 failed passage in the Senate Appropriations Committee.
   
   ACA 23 (Speier) of 1995, proposed lowering the voting age to 14, but was never set for a hearing in the Assembly Elections, Reapportionment, and Constitutional Amendments Committee.
   
3. Approval by Voters: As a constitutional amendment, this measure requires the approval of the voters to take effect. Legislation making statutory changes necessary to implement this measure would also be required.
   

REGISTERED SUPPORT / OPPOSITION:

Support

Alliance for Boys and Men of Color
California Association of Student Councils
California School Boards Association
California YMCA Youth & Government

Ignite
League of Women Voters of California

Peninsula Young Democrats

1 individual

Opposition

Election Integrity Project California, Inc.

Analysis Prepared by: Ethan Jones / E. & R. / (916) 319-2094