SENATE COMMITTEE ON TRANSPORTATION

Senator Jim Beall, Chair

2019 - 2020 Regular

Bill No: SB 511 Hearing Date: 4/23/2019

SUBJECT: California New Motor Voter Program: implementation

DIGEST: This bill makes various changes to the California New Motor Voter Program (CNMVP).

ANALYSIS:

Existing law:

1. 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.
2. 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.
3. Requires, pursuant to the CNMVP, that each eligible voter be registered to vote by default when they submit an application for a driver's license or state identification card, or provides the DMV with a change of address, unless the voter specifically declines (i.e. opts-out).

This bill:

1. Requires the establishment of a committee that includes representatives from the office of the Secretary of State (SOS), the Department of Motor Vehicles (DMV), and counties to facilitate the sharing of information necessary to implement the CNMVP.
2. Requires the DMV to train all department employees on voter registration practices as it relates to CNMVP.

COMMENTS:

1. Author statement. According to the author, “Democracy works only with clean and honest elections. Every vote by United States and California citizens must count. Our Secretary of State is obligated to protect that right by doing everything in his power to oversee the voter registration process and prohibit those who are not citizens of our country and state from falsely registering to vote. On September 5, 2018, the Los Angeles Times and other major news outlets informed Californians the motor voter law had compromised 23,000 voter registrations. There has been a lot of concern about how this could happen when I was personally assured by Secretary of State Alex Padilla that this kind of thing would never happen. SB 511 would establish a committee with representatives from the SOS, the DMV, and counties, for the purpose of facilitating the sharing of information for better implementation of the Motor Voter program. The bill would also establish a requirement for the DMV to train its employees in proper voter registration practices that align with the new Motor Voter program in an effort to prevent future errors and restore voter confidence in the integrity of our elections.”
2. National Voter Registration Act. In 1993, the federal government enacted the National Voter Registration Act (NVRA), commonly referred to as the "motor voter" law, to make it easier for Americans to register to vote and maintain their registration. Among other provisions in the NVRA, DMV provides customers the opportunity to register to vote when completing an application for or a renewal of a driver’s license or an identification card and when a change of address transactions takes place.
3. Motor Voter. In 2015, the Legislature passed and Governor Brown signed AB 1461 (Gonzalez), Chapter 729, Statutes of 2015, which provides for every person who submits an application for a driver's license or state identification card, or provides DMV with a change of address, and who attests that they meet all voter eligibility requirements, is automatically registered to vote, unless that person opts out, as specified.

Specifically, DMV, in consultation with the SOS, is required to establish a schedule and method for DMV to electronically provide to the SOS the records of each person who submits an application for a driver's license or state identification card, or provides DMV with a change of address. The records include the person's name; date of birth; residence address and/or mailing address; digitized signature; telephone number, if available; email address, language preference; political party preference; whether the person chooses to become a permanent vote by mail voter; whether the person affirmatively declined to register or preregister to vote during a transaction with the DMV; a notation that the applicant has attested that he or she meets all voter eligibility requirements; and other information specified in regulations adopted pursuant to the program.

In April 2018, California officially launched the CNMVP. According to the SOS, 1,086,335 new voter registration transactions have been processed from CNMVP’s launch in April and May of 2018 through February 2019. If voter re-registrations and updated addresses are included with new registrations, the total for the same duration is 3,769,645 transactions. On the other hand, there were 3,054,343 transactions where the individual chose to opt-out of voter registration through either the electronic driver’s license or identification card.

1. Implementation. Since the launch of the CNMVP in 2018, DMV faced a number of challenges related to DMV transactions and voter registration. For example, in May 2018, a software error potentially affected approximately 77,000 voter records generated at the DMV. In September 2018, DMV reported 23,000 registration errors that stemmed from DMV technicians working with multiple screens and registration information being improperly merged. According to DMV, 4,600 individuals did not complete a voter registration affidavit, but had their information sent to the SOS. Lastly, prior to the November 2018 election, DMV did not timely transmit 589 voter records to SOS prior to the close of registration. Of the 589 records, 329 were registering to vote and 260 were trying to change their address.
2. Training? The provisions specified in this bill require that all DMV employees receive motor voter training. DMV currently employs thousands of employees that carry out a variety of functions. While employees in DMV field offices do in fact work with the public and are involved with motor voter, hundreds if not thousands of employees are completely detached from being involved in the motor voter process. According to DMV, the training mandate in this bill would require approximately 4,000 staff members to be trained in motor voter procedures that have no involvement with the program. Furthermore, the estimated 5,500 DMV employees involved with motor voter have already received training on the program. In a period where it’s been widely reported that DMV is undergoing significant program implementation issues with REAL ID and Motor Voter, it is unclear how motor voter training to all DMV employees would be an effective use of state resources nor would result in improved program implementation. Furthermore, for DMV staff that are involved in motor voter, it is unclear how participating in the same eight-hour training course an additional time is not duplicative and would result in improved program implementation. The author may wish to inform the committee as to how requiring motor voter training to non-applicable DMV employees would improve program implementation as well as requiring duplicative training to applicable DMV employees would also improve motor voter program implementation.

Related Legislation:

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.

AB 1407 (McCarty, Chapter 4, Statutes of 2018) — expanded the provisions of the New Motor Voter Program to 16 and 17 year olds.

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

POSITIONS: (Communicated to the committee before noon on Wednesday,

April 17, 2019.)

SUPPORT:

Disability Rights California

OPPOSITION:

None received.

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SENATE COMMITTEE ON

ELECTIONS AND CONSTITUTIONAL AMENDMENTS

Senator Thomas Umberg, Chair

2019 - 2020 Regular

Bill No: SB 511 Hearing Date: 4/2/19

Subject: California New Motor Voter Program: implementation

DIGEST

This bill requires the establishment of a committee that includes representatives from the Secretary of State’s (SOS) office, the California Department of Motor Vehicles (DMV), and counties to facilitate the sharing of information necessary to implement the California New Motor Voter Program (CNMVP). This bill also requires the DMV to train all department employees on voter registration practices.

ANALYSIS

Existing law:

1. 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.
2. 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.
3. Requires, pursuant to the CNMVP, 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 DMV with a change of address, unless the voter specifically declines (i.e. opts-out).

This bill:

1. Requires the establishment of a committee that includes representatives from the office of the SOS, the DMV, and counties to facilitate the sharing of information necessary to implement the CNMVP.
2. Requires the DMV to train all department employees on voter registration practices as it relates to the CNMVP.

BACKGROUND

National Voter Registration Act. In 1993, the federal government enacted the National Voter Registration Act (NVRA), commonly referred to as the "motor voter" law, to make it easier for Americans to register to vote and maintain their registration. Among other provisions in the NVRA, the DMV provides customers the opportunity to register to vote when completing an application for or a renewal of a driver’s license or an identification card and when a change of address transactions takes place.

New California New Motor Voter Program. In 2015, the Legislature passed and Governor Brown signed AB 1461 (Gonzalez), Chapter 729, Statutes of 2015, which provides for every person who submits an application for a driver's license or state identification card, or provides the DMV with a change of address, and who attests that they meet all voter eligibility requirements, is automatically registered to vote, unless that person opts out, as specified.

Specifically, the DMV, in consultation with the SOS, is required to establish a schedule and method for the DMV to electronically provide to the SOS the records of each person who submits an application for a driver's license or state identification card, or provides the DMV with a change of address. The records include the person's name; date of birth; residence address and/or mailing address; digitized signature; telephone number, if available; email address, if available; language preference; political party preference; whether the person chooses to become a permanent vote by mail voter; whether the person affirmatively declined to register or preregister to vote during a transaction with the DMV; a notation that the applicant has attested that he or she meets all voter eligibility requirements; and other information specified in regulations adopted pursuant to the program.

Under the CNMVP, an individual's records that are transmitted from the DMV to the SOS constitute a completed affidavit of voter registration unless the person affirmatively declines to register or preregister to vote at the DMV, the person does not attest that they meets all voter eligibility requirements while at the DMV, or the SOS determines that the person is not eligible to register to vote.

The DMV is also prohibited from electronically providing the records of a person who is issued a driver's license pursuant to specified provisions of law because that person is unable to establish satisfactory proof that their presence in the United States is authorized under federal law.

In April 2018, California officially launched the CNMVP.

DMV Voter Registration Statistics. According to information provided by the SOS, 1,086,335 new voter registration transactions have been processed from CNMVP’s launch in April and May of 2018 through February 2019. If voter re-registrations and updated addresses are included with new registrations, the total for the same duration is 3,769,645 transactions.

Conversely, there were 3,054,343 transactions where the individual chose to opt-out of voter registration through either the electronic driver’s license or identification card application (i.e. DL-44), a renewal form, or a change of address form.

Issues at the DMV and Response. Since the launch of the CNMVP in 2018, the DMV faced a number of challenges related to DMV transactions and voter registration. In May 2018, a software error potentially affected approximately 77,000 voter records generated at the DMV. According to news reports, this error resulted in two registration forms for a single voter, a problem reported in several county elections offices across California. In response, county elections officials contacted potentially affected voters and the software error was fixed.

In September, the DMV reported 23,000 registration errors that stemmed from DMV technicians working with multiple screens and registration information being improperly merged. According the DMV, 4,600 individuals did not complete a voter registration affidavit, but had their information sent to the SOS. The DMV also indicated that none of the applicants were undocumented immigrants. In response, the DMV sent the 23,000 customers a letter notifying them of the problem and the SOS cancelled the 4,600 registrations that it received.

Also in September, in response to the issues related to the DMV, Governor Brown directed the Department of Finance to conduct a performance audit of the DMV’s information technology and customer service functions. The CNMVP is included in the Department of Finance’s audit, but will be conducted by an independent, third-party expert. The report is expected to be completed spring of 2019.

In October, the DMV sent the SOS a letter indicating that 1,500 customers may have been registered to vote in error when DMV technicians processed customer requests at field offices to change voter eligibility responses on driver license applications. The DMV indicated that none of the processing errors were the fault of the customs and none were undocumented immigrants.

Prior to the November 2018 election, the DMV did not timely transmit 589 voter records to the SOS prior to the close of registration. Of the 589 records, 329 were registering to vote and 260 were trying to change their address. According to the SOS, the number of affected individuals resulting from this error would not have changed any of the results certified by the SOS. In response, the SOS conducted a review of the records to determine whether these eligible individuals attempted to cast a provisional ballot, determine whether any provisional ballots cast were rejected

In January 2019, Governor Newsom ordered an accelerated Review of Early Findings within 30 days of the independent audit of DMV initiated by Governor Brown, which is being managed by the Department of Finance.

COMMENTS

1. According the author: The New Motor Voter Program went into effect in late April of 2018. By September it was discovered that tens of thousands of Californians had been incorrectly registered to vote. The DMV reported that 23,000 errors were discovered and described the problem as “an administrative processing error.” Senate Bill 511, known as DMV Voter Registration Transparency and Training, would establish a committee to facilitate the sharing of information regarding the implementation of the Motor Voter program.
2. Additional Details Needed. While the intent of creating a committee of representatives from the SOS, DMV, and counties to facilitate information sharing as it relates to the CNMVP has merit, the language regarding the committee is extremely vague. The author should consider defining who leads in establishing the committee, the makeup of the committee, a more definitive scope of what the committee is attempting to accomplish, and whether the committee is going to provide recommendations on improving the current system.
3. Argument in Support. In support of SB 511, Disability Rights California (DRC) states:

DRC is supportive of the provision of this bill requiring establishment of a committee, as specified, and supports the intent of this bill to ensure that DMV employees are trained on implementation of the program. Based on the experiences of DRC constituents, who are individuals with disabilities, DRC believes that prior DMV staff trainings have been less than adequate.

DRC recommends, therefore, that the training requirement be more detailed and strengthened, specifically by referencing DMV field technicians, who are the frontline staff who have direct contact with the public, as among the employees to receive training. DRC suggests the following amendment to Section 1 of the bill, amending Elections Code Section 2270, to address these concerns:

(c) The Department of Motor Vehicles shall train provide comprehensive training to all department employees, including field technicians, on voter registration practices implementing this chapter.

For these reasons, DRC supports this bill and recommends the above amendment.

1. Double-referral. This bill has been double-referred to the Senate Committee on Transportation.

RELATED/PRIOR LEGISLATION

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.

AB 1407 (McCarty), Chapter 4, Statutes of 2018, expanded the provisions of the New Motor Voter Program to 16 and 17 year olds.

SB 57 (Bates) of 2019, also being heard by this committee, would change the CNMVP from an opt-out to an opt-in program.

AB 2065 (Harper) of 2016, would have changed the CNMVP from an opt-out to an opt-in program and would have provided that a person may be registered to vote under the program only if the DMV has a record of being provided a document that proves that the person is a citizen. This bill failed passage in the Assembly Committee on Elections and Redistricting with a vote of 2-5.

POSITIONS

Sponsor: Author

Support: Disability Rights California

Oppose: None received

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