Existing law requires, in conformance with federal law, that the Secretary of State and the Department of Motor Vehicles establish and implement the California New Motor Voter Program for the purpose of increasing opportunities for voter registration for qualified voters. Existing law requires the department to transmit to the Secretary of State specified information related to a persons eligibility to vote, which the person provides when applying for a drivers license or identification card or when the person notifies the department of an address change. Existing law requires that if this information transmitted to the Secretary of State constitutes a completed affidavit of registration, the Secretary of State must register or preregister the person to vote, as applicable, unless the person affirmatively declines to register or is ineligible to vote, as specified.

This bill would require the Secretary of State and the department to develop a process for the department to use information from the statewide voter registration database to determine whether a person who submits a drivers license application is already registered or preregistered to vote in the state. The bill would require the department, based upon this determination, to transmit specified information provided by the person during their transaction with the department to the Secretary of State for the purpose of registering or preregistering that person to vote or to update their registration information. The bill would prohibit the department from providing a person the opportunity to attest to meeting voter eligibility requirements when they submit a drivers license application, if the person provides a document to the department during the transaction demonstrating that the person is not a United States citizen. The bill would permit the Secretary of State, upon a determination that sufficient technology infrastructure exists, to promulgate regulations concerning the establishment of a list of individuals who are eligible to be preapproved for voter registration, as specified.

This bill would make these provisions operative on the earlier of January 1, 2030, or 5 days after the Secretary of State and the department certify that the information technology infrastructure necessary to substantially implement the bill is functional. The bill would permit the Secretary of State and the department, beginning on January 1, 2025, to perform administrative actions necessary to implement these provisions.

Existing law requires, in conformance with federal law, that the Secretary of State and the Department of Motor Vehicles establish and implement the California New Motor Voter Program for the purpose of increasing opportunities for voter registration for qualified voters. Existing law requires the department to transmit to the Secretary of State specified information related to a persons eligibility to vote, which the person provides when applying for a drivers license or identification card or when the person notifies the department of an address change. Existing law requires that if this information transmitted to the Secretary of State constitutes a completed affidavit of registration, the Secretary of State must register or preregister the person to vote, as applicable, unless the person affirmatively declines to register or is ineligible to vote, as specified.

This bill would require the Secretary of State and the department to develop a process for the department to use information from the statewide voter registration database to determine whether a person who submits a drivers license application is already registered or preregistered to vote in the state. The bill would require the department, based upon this determination, to transmit specified information provided by the person during their transaction with the department to the Secretary of State for the purpose of registering or preregistering that person to vote or to update their registration information. The bill would prohibit the department from providing a person the opportunity to attest to meeting voter eligibility requirements when they submit a drivers license application, if the person provides a document to the department during the transaction demonstrating that the person is not a United States citizen. The bill would permit the Secretary of State, upon a determination that adequate sufficient technology infrastructure exists, to promulgate regulations concerning the establishment of a list of individuals who are eligible to be preapproved for voter registration, as specified.

This bill would make these provisions operative on the earlier of June 30, 2027, January 1, 2030, or 5 days after the Secretary of State and the department certify that the information technology infrastructure necessary to substantially implement the bill is functional. The bill would permit the Secretary of State, State and the department, beginning on January 1, 2025, to perform administrative actions necessary to implement these provisions.

Existing law requires, in conformance with federal law, that the Secretary of State and the Department of Motor Vehicles establish and implement the California New Motor Voter Program for the purpose of increasing opportunities for voter registration for qualified voters. Existing law requires the department to transmit to the Secretary of State specified information related to a persons eligibility to vote, which the person provides when applying for a drivers license or identification card or when the person notifies the department of an address change. Existing law requires that if this information transmitted to the Secretary of State constitutes a completed affidavit of registration, the Secretary of State must register or preregister the person to vote, as applicable, unless the person affirmatively declines to register or is ineligible to vote, as specified.

This bill would require the Secretary of State and the department to develop a process for the department to use information from the statewide voter registration database to determine whether a person who submits a drivers license application is already registered or preregistered to vote in the state. The bill would require the department, based upon this determination, to transmit specified information provided by the person during their transaction with the department to the Secretary of State for the purpose of registering or preregistering that person to vote or to update their registration information. The bill would prohibit the department from providing a person the opportunity to attest to meeting voter eligibility requirements when they submit a drivers license application, if the person provides a document to the department during the transaction demonstrating that the person is not a United States citizen. The bill would permit the Secretary of State, upon a determination that adequate technology infrastructure exists, to promulgate regulations concerning the establishment of a list of individuals who are eligible to be preapproved for voter registration, as specified.

Existing law requires, in conformance with federal law, that the Secretary of State and the Department of Motor Vehicles establish and implement the California New Motor Voter Program for the purpose of increasing opportunities for voter registration for qualified voters. Existing law requires the department to transmit to the Secretary of State specified information related to a persons eligibility to vote, which the person provides when applying for a drivers license or identification card or when the person notifies the department of an address change. Existing law requires that if this information transmitted to the Secretary of State constitutes a completed affidavit of registration, the Secretary of State must register or preregister the person to vote, as applicable, unless the person affirmatively declines to register or is ineligible to vote, as specified.

Existing law requires, in conformance with federal law, that the Secretary of State and the Department of Motor Vehicles establish and implement the California New Motor Voter Program for the purpose of increasing opportunities for voter registration for qualified voters. Existing law requires the department to transmit to the Secretary of State specified information related to a persons eligibility to vote, which the person provides when applying for a drivers license or identification card or when the person notifies the department of an address change. Existing law requires that if this information transmitted to the Secretary of State constitutes a completed affidavit of registration, the Secretary of State must register or preregister the person to vote, as applicable, unless the person affirmatively declines to register or is ineligible to vote, as specified.

This bill would would, upon a determination by the Secretary of State that adequate technology infrastructure has been established, additionally require the Department of Motor Vehicles department to transmit specified information to the Secretary of State for a person submitting a drivers license application who provides documentation demonstrating United States citizenship and that the person is of an eligible age to register or preregister to vote. The bill would deem this information to constitute a completed affidavit of registration for such persons, and require the Secretary of State to register or preregister the person to vote, unless the Secretary of State determines they are ineligible. The bill would require, if a person is registered or preregistered to vote in this manner, that the county elections official send a notice to the person advising that they may decline to register or preregister to vote and providing additional information. The bill would also require the county elections official to send a notice to a person who is already registered to vote, but for whom the Secretary of State changes their registration information after receiving updated name or address information from the department.

This bill would prohibit the department from providing a person the opportunity to attest to meeting voter eligibility requirements when they submit a drivers license application, if the person provides a document to the department during the transaction demonstrating that the person is not a United States Citizen. citizen.

This bill would expand the definition of voter registration agency to include entities designated by the Secretary of State. The bill would would, upon a determination by the Secretary of State that adequate technology infrastructure has been established, also require the Secretary of State to establish a schedule whereby specified voter registration agencies must provide the Secretary of State electronic information regarding individuals who are eligible to vote or who provide updated registration information.

This bill would make these provisions operative on the earlier of January 1, 2026, June 30, 2027, or 5 days after the Secretary of State certifies and the department certify that the information technology infrastructure to substantially implement the bill is functional. The bill would allow the Secretary of State, commencing January 1, 2024, to perform administrative actions necessary to implement these provisions.

By imposing new duties on county elections officials with respect to voter registration, the bill would impose 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 establishes the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law generally requires a county to redetermine a Medi-Cal beneficiarys eligibility to receive Medi-Cal benefits every 12 months and whenever the county receives information about changes in a beneficiarys circumstances that may affect their eligibility for Medi-Cal benefits. In response to a change in circumstances, if a county cannot obtain sufficient information to redetermine eligibility, existing law requires the county to send to the beneficiary a form that is prepopulated with the information that the county has obtained and that states the information needed to renew eligibility. Under existing law, if the purpose for a redetermination is loss of contact with the beneficiary, as evidenced by the return of mail, as specified, a return of the prepopulated form requires the county to immediately send a notice of action terminating Medi-Cal eligibility.

This bill would remove loss of contact with a beneficiary, as evidenced by the return of mail, as a circumstance requiring prompt redetermination and would delete the above-described requirement for a county to send a notice of action terminating eligibility if the prepopulated form is returned and the purpose for the redetermination is loss of contact with the beneficiary. To the extent that the bill would modify county duties relating to the redetermination of Medi-Cal eligibility, the bill would impose 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 establishes the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law generally requires a county to redetermine a Medi-Cal beneficiarys eligibility to receive Medi-Cal benefits every 12 months and whenever the county receives information about changes in a beneficiarys circumstances that may affect their eligibility for Medi-Cal benefits. In response to a change in circumstances, if a county cannot obtain sufficient information to redetermine eligibility, existing law requires the county to send to the beneficiary a form that is prepopulated with the information that the county has obtained and that states the information needed to renew eligibility. Under existing law, if the purpose for a redetermination is loss of contact with the beneficiary, as evidenced by the return of mail, as specified, a return of the prepopulated form requires the county to immediately send a notice of action terminating Medi-Cal eligibility.

This bill would delete the above-described requirement for a county to send a notice of action terminating eligibility if the prepopulated form is returned and the purpose for the redetermination is loss of contact with the beneficiary. To the extent that the bill would modify county duties relating to the redetermination of Medi-Cal eligibility, the bill would impose 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.

 VETO  

Bill No: SB 299

Author: Limón (D) and Menjivar (D), et al.

Enrolled: 9/4/24

Vote: 27

PRIOR VOTES NOT RELEVANT

SENATE ELECTIONS & C.A. COMMITTEE: 5-1, 8/29/24

AYES: Blakespear, Allen, Menjivar, Newman, Umberg

NOES: Nguyen

NO VOTE RECORDED: Portantino

SENATE FLOOR: 29-9, 8/30/24

AYES: Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dodd, Durazo, Eggman, Glazer, Gonzalez, Hurtado, Laird, Limón, McGuire, Menjivar, Min, Newman, Padilla, Portantino, Roth, Rubio, Skinner, Stern, Umberg, Wahab, Wiener

NOES: Alvarado-Gil, Dahle, Grove, Jones, Nguyen, Niello, Ochoa Bogh, Seyarto, Wilk

NO VOTE RECORDED: Allen, Smallwood-Cuevas

ASSEMBLY FLOOR: 56-12, 8/28/24 - See last page for vote

SUBJECT: Voter registration: California New Motor Voter Program

SOURCE: Asian Americans and Pacific Islanders for Civic Empowerment

DIGEST:

The bill modifies the California New Motor Voter Program (CNMVP) by requiring the Secretary of State (SOS) and the Department of Motor Vehicles (DMV) to develop a process to determine whether a person who submits a driver’s license application is already registered or preregistered to vote. This bill also requires the DMV, based upon this determination, to transmit specified information provided by the person during their DMV transaction to the SOS so the SOS can register, preregister, or update that person’s existing voter registration.

ANALYSIS:

Existing law:

1. Provides that a person is entitled to register to vote who is a United States (U.S.) citizen, a resident of California, not imprisoned 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. The person will then be registered to vote when they are 18 years old at the time of the next election.
2. Requires the SOS and the DMV to establish the CNMVP to increase opportunities for voter registration by any person who is eligible to register to vote.
3. Requires, pursuant to the CNMVP, that each eligible voter be registered or preregistered to vote by default when they submit an application for a driver’s license or state identification card, or provide the DMV with a change of address, unless the voter specifically declines to be registered to vote.
4. Provides that the SOS, not the DMV, is solely responsible for determining eligibility for voter registration and voting.
5. Requires the DMV, in consultation with the SOS, to establish a schedule and a method to electronically provide the SOS the information needed to register a person to vote.

1. Requires the SOS to provide specified outreach and education materials in languages other than English.
2. Provides the SOS shall not sell, transfer or allow any third party access to the information acquired from the DMV without approval of the DMV, except as otherwise permitted by law and as specified.
3. Provides the DMV shall not electronically provide records to the SOS of a person who is unable to submit satisfactory proof that their presence in the U.S. is authorized under federal law.
4. Provides that the willful, unauthorized disclosure of information obtained from the DMV to any person, or the use of any false representation to obtain any of that information, or the use of any of that information for a purpose other than what is permitted by law, is a misdemeanor.
5. Prohibits the DMV from electronically providing records pursuant to CNMVP that contain a home address designated as confidential.
6. Requires the SOS to establish procedures to protect the confidentiality of the information acquired from the DMV, and requires the SOS to account for any disclosures, including those due to security breaches, in accordance with existing law.
7. Provides that the records of a person who registers to vote pursuant to the CNMVP shall constitute a completed affidavit of registration and the SOS shall register the person to vote, unless certain conditions are met.
8. Provides that if a person who is registered to vote does not provide a party preference, the voter’s party preference shall be designated as “Unknown” and the voter shall be treated as a “No Party Preference” voter. Any such person whose party preference is designated as “Unknown” shall not be counted for purposes of determining the total number of voters registered for political party qualification purposes under existing law.
9. Provides that a person registered to vote may cancel their voter registration at any time by any current method.
   
10. Provides that if a person who is ineligible to vote becomes registered to vote through the CNMVP in the absence of willful voter registration fraud, that person’s registration shall be presumed to have been effected with official authorization and to have not been the fault of that person.
11. Provides that if a person who is ineligible to vote becomes registered to vote and votes or attempts to vote in an election, that person shall be presumed to have acted with official authorization and shall not be guilty of fraudulently voting or attempting to vote unless they vote or attempt to vote knowing they are ineligible to do so.
12. Requires the SOS to adopt specified regulations to implement the CNMVP.

This bill:

1. Requires the SOS and the DMV to determine whether a person interacting with the DMV is already preregistered or registered to vote. If they are not, or if the DMV cannot determine if they are, then the DMV shall provide specified information from each person’s driver’s license application to the SOS for the purposes of voter registration.
2. Provides that if a person provides a document at the time of the transaction with the DMV that demonstrates they are not a U.S. citizen, the person shall not be offered the opportunity to register to vote and the DMV shall not electronically provide records of that person to the SOS.
3. Permits the SOS to promulgate regulations to establish a brand new list of people who are “preapproved” for voter registration if the SOS determines that sufficient technology infrastructure exists and sufficient funding is available for implementation. Requires the regulations to address all of the following:
   1. Updating and maintaining the accuracy of the list of people who are preapproved for voter registration;
   2. How a person who has been preapproved may activate their registration; and
   3. The manner and method by which the DMV may provide to the SOS, for inclusion on the list of people who are preapproved for voter registration, information regarding a person’s name and address, and any additional information required by the SOS that the person submitted with their driver’s license application.
4. Requires the provisions of this bill become operative on January 1, 2030, or five days after the date the SOS and the DMV certify the information technology infrastructure necessary to substantially implement this act is functional.

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 or Motor Voter, 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 a driver’s license or an identification card, when renewing a driver’s license, an identification card, or when a change of address transaction takes place.

Despite being commonly referred to as “motor voter,” the NVRA also requires states to designate other agencies as “voter registration agencies” and provides an opportunity to register to vote when interacting with those agencies. This includes offices that provide public assistance and offices that provide services to individuals with disabilities. In California, the Governor is also able to designate additional voter registration agencies.

California New Motor Voter Program. In 2015, the Legislature passed and Governor Brown signed AB 1461 (Gonzalez, Chapter 729, Statutes of 2015), which provides that every person who submits an application for a driver’s license, 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.

Specifically, the DMV, in consultation with the SOS, is required to establish a schedule and method for the DMV to electronically provide the SOS the records of each person who submits an application for a driver’s license, state identification card, or provides the DMV with a change of address. The transmission of a person’s record from the DMV to the SOS constitutes 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 to meeting all voter eligibility requirements while at the DMV, or the SOS determines 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 the California law that allows non-citizens to receive driver’s licenses. In April 2018, California officially launched the CNMVP.

Comments

1. According to the author: “SB 299 is an opportunity to build on the existing Partial Automatic Voter Registration (AVR) system in California to further streamline voter registration. This bill authorizes the SOS to move to a secure AVR system, once technology and infrastructure are adequate to make the shift. This upgrade will register millions more eligible Californians, bringing more people of color, young people, and formerly incarcerated people into the political process. Oregon, Alaska, Colorado, Delaware, Massachusetts, Nevada, New Mexico, Washington, Washington D.C., Michigan, and Minnesota have all already adopted Secure AVR. This bill provides a path for California to join these states and to welcome 4.6 million eligible, but unregistered people, to our democratic process.”
2. Preapproved for Registration. This bill authorizes the SOS, if the SOS determines that adequate technology infrastructure exists, to promulgate regulations to establish a list of people who are preapproved for voter registration. Additionally, this bill requires the SOS to develop regulations that include, among other things, procedures for updating and maintaining the accuracy of the preapproved for voter registration list and procedures that describe how a person on the preapproved list may activate their registration. Under this bill, a person is placed on the preapproved registration list when they, during their transaction with the DMV, provide citizenship documents, are sufficient age to register or preregister to vote, did not submit a voter registration application pursuant during their transaction with the DMV, and were advised they will be put on a preapproved voter registration list and can activate their registration from that list at a future date.

Currently in California, a person is either (a) actively registered to vote, (b) preregistered to vote, (c) registered to vote but on the inactive voter file, (d) qualified to register to vote but not registered, or (e) not qualified to register to vote. Having a person’s name on a list and requiring that person to take an affirmative step to activate their voter registration is little different than a person taking the affirmative step to go online to fill out a voter registration application.

1. Concerns from the Secretary of State. In a letter submitted to Governor Newsom, the SOS expressed numerous concerns with the planning and implementation of this bill. Specifically, the SOS summarized and stated the following:

“…while the author deserves singular praise in reaching for a noble objective, maximum voter participation, there are too many unanswered questions regarding the implementation of this bill, and there is too little information on specific technology solutions and their practicality and cost, for California to embark on automatic voter registration with any degree of confidence at this time. Given what we can anticipate as significant cost, to state it conservatively, there is a legitimate question as to the commensurate resulting benefit, given the great progress California has very recently made in boosting voter registration.”

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

According to the Assembly Appropriations Committee:

1. Costs of approximately $3.1 million in the first year and $60,000 annually thereafter to the SOS for significant system enhancements and related vendor costs (General Fund (GF)). The SOS notes the VoteCal system would need to be modified to: (a) allow near real-time updates to confirm registered and pre-registered voter records, (b) include an additional database to store and update pre-approved voter registration records, and (c) create a new application programming interface to support high-confidence matching of VoteCal information with information obtained by DMV.
2. Costs of approximately $45 million in the first year and $41 million annually thereafter to DMV for additional staff and the development and maintenance of information technology and procedural systems to implement the process (Motor Vehicle Account (MVA) or GF). DMV notes it would need to reengineer its existing workflows in all service channels where a driver’s license transaction may occur, including through field offices, online renewal, and mail renewal. For example, as it relates to in-person transactions, DMV could no longer collect information regarding a customer’s ability to register to vote before the appointment through an electronic application. Since this bill requires different questions be posed to the customer based on whether a legal presence document is provided at the time of the transaction, DMV would now have to collect voter registration information at the counter using a tablet after staff has reviewed the legal presence document. DMV must then conduct a real-time check of VoteCal to ensure the customer is presented with the appropriate questions and transmit related data to the SOS.

Additionally, DMV is currently undergoing a comprehensive modernization of its core legacy system. The project has encountered significant delays and is now expected to be complete in 2028. Due to concerns about the potential for further delays and complications to the modernization project, DMV is no longer considering adding additional functionality to the project contract and requesting a delayed implementation date of 2030 for legislation, such as this bill, that would require further changes to the driver’s license system.

According to the Legislative Analyst’s Office (LAO), the GF faces a structural deficit in the tens of billions of dollars over the next several fiscal years and the MVA is expected to fully exhaust its reserves and become insolvent in fiscal year (FY) 2025‑26. The LAO further warns that the MVA, absent corrective action, such as revenue increases or spending reductions, will experience a negative fund balance of $1.4 billion in FY 2028‑29.

SUPPORT: (Verified 10/7/24)

Asian Americans and Pacific Islanders for Civic Empowerment (source)

Alliance for Reparations, Reconciliation, and Truth

California Grassroots Democracy Coalition

OPPOSITION: (Verified 10/7/24)

American Civil Liberties Union California Action

Brennan Center for Justice at NYU School of Law

League of Women Voters of California

NALEO Educational Fund

GOVERNOR'S VETO MESSAGE:

I am returning Senate Bill 299 without my signature.

This bill would require the Department of Motor Vehicles (DMV) and the

Secretary of State (SOS) to develop a new IT system for processing voter

registration data based on citizenship and registration status. It would also

require the DMV to determine if applicants for a driver’s license or ID card are already registered to vote and require the DMV to assess voter registration eligibility documents. Additionally, the bill introduces a “pre-registration” system for individuals deemed eligible for future registration.

While the goal of streamlining voter registration is commendable, this bill raises several concerns. It would place the DMV in the role of determining voter eligibility, a function more suitable for elections officials. Additionally, the proposed system would capture those who have already declined to register, a decision that should be respected as a matter of personal prerogative.

Furthermore, the introduction of a “pre-registration” system would require costly and complex changes to the current Motor Voter system. These changes would result in significant ongoing costs, estimated in the tens of millions, which are not accounted for in the 2024 Budget Act. In partnership with the Legislature this year, my Administration has enacted a balanced budget that avoids deep program cuts to vital services and protected investments in education, health care, climate, public safety, housing, and social service programs that millions of Californians rely on. It is important to remain disciplined when considering bills with significant fiscal implications that are not included in the budget, such as this measure.

For these reasons, I cannot sign this bill.

ASSEMBLY FLOOR: 56-12, 8/28/24

AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Boerner, Bonta, Bryan, Juan Carrillo, Wendy Carrillo, Connolly, Mike Fong, Friedman, Garcia, Gipson, Grayson, Haney, Hart, Holden, Irwin, Jackson, Jones-Sawyer, Kalra, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Stephanie Nguyen, Pacheco, Papan, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Santiago, Schiavo, Soria, Ting, Valencia, Villapudua, Waldron, Ward, Wicks, Wilson, Wood, Zbur, Robert Rivas

NOES: Megan Dahle, Davies, Dixon, Essayli, Gallagher, Hoover, Mathis, Jim Patterson, Joe Patterson, Sanchez, Ta, Wallis

NO VOTE RECORDED: Berman, Calderon, Cervantes, Chen, Flora, Gabriel, Lackey, Muratsuchi, Ortega, Pellerin, Weber

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

10/9/24 15:51:11

**** END ****

SENATE COMMITTEE ON

ELECTIONS AND CONSTITUTIONAL AMENDMENTS

Senator Catherine Blakespear, Chair

2023 - 2024 Regular

Bill No: SB Hearing Date: 8/29/24

Subject: Voter registration: California New Motor Voter Program

DIGEST

The bill requires the Secretary of State (SOS) and the Department of Motor Vehicles (DMV) to develop a process to determine whether a person who submits a driver’s license application is already registered or preregistered to vote. This bill also requires the DMV, based upon this determination, to transmit specified information provided by the person during their DMV transaction to the SOS so the SOS can register, preregister, or update that person’s existing voter registration.

ANALYSIS

Existing law:

1. Provides that a person is entitled to register to vote who is a United States (U.S.) citizen, a resident of California, not imprisoned 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. The person will then be registered to vote when they are 18 years old at the time of the next election.
3. Requires the SOS and the DMV to establish the California New Motor Voter Program (CNMVP) to increase opportunities for voter registration by any person who is eligible to register to vote.
4. Requires, pursuant to the CNMVP, that each eligible voter be registered or preregistered to vote by default when they submit an application for a driver’s license or state identification card, or provide the DMV with a change of address, unless the voter specifically declines to be registered to vote.
5. Provides that the SOS, not the DMV, is solely responsible for determining eligibility for voter registration and voting.
6. Requires the DMV, in consultation with the SOS, to establish a schedule and a method to electronically provide the SOS the information needed to register a person to vote.

1. Requires the SOS to provide specified outreach and education materials in languages other than English.
2. Provides the SOS shall not sell, transfer or allow any third party access to the information acquired from the DMV without approval of the DMV, except as otherwise permitted by law and as specified.
3. Provides the DMV shall not electronically provide records to the SOS of a person who is unable to submit satisfactory proof that their presence in the U.S. is authorized under federal law.
4. Provides that the willful, unauthorized disclosure of information obtained from the DMV to any person, or the use of any false representation to obtain any of that information, or the use of any of that information for a purpose other than what is permitted by law, is a misdemeanor.
5. Prohibits the DMV from electronically providing records pursuant to CNMVP that contain a home address designated as confidential.
6. Requires the SOS to establish procedures to protect the confidentiality of the information acquired from the DMV, and requires the SOS to account for any disclosures, including those due to security breaches, in accordance with existing law.
7. Provides that the records of a person who registers to vote pursuant to the CNMVP shall constitute a completed affidavit of registration and the SOS shall register the person to vote, unless:
   1. The person’s records reflect they affirmatively declined to become registered to vote during a transaction with the DMV;
   2. The person’s records do not reflect they attested to meeting all voter eligibility requirements; or
   3. The SOS otherwise determines the person is ineligible to vote.
8. Provides that if a person who is registered to vote does not provide a party preference, the voter’s party preference shall be designated as “Unknown” and the voter shall be treated as a “No Party Preference” voter. Any such person whose party preference is designated as “Unknown” shall not be counted for purposes of determining the total number of voters registered for political party qualification purposes under existing law.
9. Provides that a person registered to vote may cancel their voter registration at any time by any current method.
   
10. Provides that if a person who is ineligible to vote becomes registered to vote through the CNMVP in the absence of willful voter registration fraud, that person’s registration shall be presumed to have been effected with official authorization and to have not been the fault of that person.
11. Provides that if a person who is ineligible to vote becomes registered to vote and votes or attempts to vote in an election, that person shall be presumed to have acted with official authorization and shall not be guilty of fraudulently voting or attempting to vote unless they vote or attempt to vote knowing they are ineligible to do so.
12. Requires the SOS to adopt specified regulations to implement the CNMVP.

This bill:

1. Requires the SOS and the DMV to determine whether a person interacting with the DMV is already preregistered or registered to vote. If they are not, or if the DMV cannot determine if they are, then the DMV shall provide specified information from each person’s driver’s license application to the SOS for the purposes of voter registration.
2. Provides that if a person provides a document at the time of the transaction with the DMV that demonstrates they are not a U.S. citizen, the person shall not be offered the opportunity to register to vote and the DMV shall not electronically provide records of that person to the SOS.
3. Permits the SOS to promulgate regulations to establish a brand new list of people who are “preapproved” for voter registration if the SOS determines that sufficient technology infrastructure exists and sufficient funding is available for implementation. Requires the regulations to address all of the following:
   1. Updating and maintaining the accuracy of the list of people who are preapproved for voter registration;
   2. How a person who has been preapproved may activate their registration; and
   3. The manner and method by which the DMV may provide to the SOS, for inclusion on the list of people who are preapproved for voter registration, information regarding a person’s name and address, and any additional information required by the SOS that the person submitted with their driver’s license application.
4. Requires the provisions of this bill become operative on January 1, 2030, or five days after the date the SOS and the DMV certify the information technology infrastructure necessary to substantially implement this act is functional.

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 or Motor Voter, 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 a driver’s license or an identification card, when renewing a driver’s license, an identification card, or when a change of address transaction takes place.

Despite being commonly referred to as “motor voter,” the NVRA also requires states to designate other agencies as “voter registration agencies” and provides an opportunity to register to vote when interacting with those agencies. This includes offices that provide public assistance and offices that provide services to individuals with disabilities. In California, the Governor is also able to designate additional voter registration agencies.

California New Motor Voter Program. In 2015, the Legislature passed and Governor Brown signed AB 1461 (Gonzalez), Chapter 729, Statutes of 2015, which provides that every person who submits an application for a driver’s license, 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.

Specifically, the DMV, in consultation with the SOS, is required to establish a schedule and method for the DMV to electronically provide the SOS the records of each person who submits an application for a driver’s license, state identification card, or provides the DMV with a change of address. The transmission of a person’s record from the DMV to the SOS constitutes 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 to meeting all voter eligibility requirements while at the DMV, or the SOS determines 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 the California law that allows non-citizens to receive driver’s licenses.

In April 2018, California officially launched the CNMVP.

DMV Voter Registration Statistics. According to information provided by the SOS, 6,019,494 new voter registration transactions have been processed since the CNMVP’s launch in April 2018 through July 2024. If voter re-registrations and updated addresses are included with new registrations, the total for the same period is 27,101,628 transactions.

Conversely, there were 23,303,881 transactions where a person chose to opt-out of voter registration through either the electronic driver’s license or identification card application, a renewal form, or a change of address form.

California Registration Statistics. Since 2018, the CNMVP has contributed to a rise of registered voters in California. According to the most recent report of registration from the SOS, there are 22,171,899 registered voters in California out of an estimated 26,899,157 Californians who are eligible to register to vote, meaning that approximately 82.43% of eligible Californians are registered to vote. To compare, in January 2018, there were 18,980,481 registered voters or about 75.69%.

AB 60 Licensees. AB 60 (Alejo), Chapter 524, Statutes of 2013, requires the DMV to issue an original driver’s license to an applicant who is unable to submit satisfactory proof of legal presence in the U.S. Driver’s license applicants under AB 60 must meet all other qualifications for licensure and must provide satisfactory proof of identity and California residency. The DMV began accepting applications for licenses under AB 60 on January 2, 2015.

Because the AB 60 licensing process was specifically established for people who are unable to submit satisfactory proof of legal presence in the U.S., the CNMVP expressly prohibits the DMV from transmitting information to the SOS about individuals who applied for or received a driver’s license pursuant to AB 60.

COMMENTS

1. According to the author: “SB 299 is an opportunity to build on the existing Partial Automatic Voter Registration (AVR) system in California to further streamline voter registration. This bill authorizes the SOS to move to a secure AVR system, once technology and infrastructure are adequate to make the shift. This upgrade will register millions more eligible Californians, bringing more people of color, young people, and formerly incarcerated people into the political process. Oregon, Alaska, Colorado, Delaware, Massachusetts, Nevada, New Mexico, Washington, Washington D.C., Michigan, and Minnesota have all already adopted Secure AVR. This bill provides a path for California to join these states and to welcome 4.6 million eligible, but unregistered people, to our democratic process.”
2. Registration Responsibility. Currently, when a person seeks services at the DMV, they are provided with questions prior to visiting the DMV. This includes the Motor Voter questions (eligibility, if the person wants to be register to vote, update an existing registration, etc.). The person decides whether to register to vote or update their existing registration and attests the information provided is correct.

This bill shifts some of the responsibilities for voter registration from the person seeking assistance at the DMV to the DMV by requiring the DMV to take a larger role in the screening process. Under the bill, the DMV would be responsible for collecting documents and/or information the person needs to provide to confirm their eligibility to vote and for the DMV transaction.

1. Preapproved for Registration. This bill authorizes the SOS, if the SOS determines that adequate technology infrastructure exists, to promulgate regulations to establish a list of people who are preapproved for voter registration. Additionally, this bill requires the SOS to develop regulations that include, among other things, procedures for updating and maintaining the accuracy of the preapproved for voter registration list and procedures that describe how a person on the preapproved list may activate their registration. Under this bill, a person is placed on the preapproved registration list when they, during their transaction with the DMV, provide citizenship documents, are sufficient age to register or preregister to vote, did not submit a voter registration application pursuant during their transaction with the DMV, and were advised they will be put on a preapproved voter registration list and can activate their registration from that list at a future date.

Currently in California, a person is either (1) actively registered to vote, (2) preregistered to vote, (3) registered to vote but on the inactive voter file, (4) qualified to register to vote but not registered, or (5) not qualified to register to vote.

The Committee may wish to consider what purpose is served by creating a brand new, separate list of people who fall into (4) above. Having a person’s name on a list and requiring that person to take an affirmative step to activate their voter registration is little different than a person taking the affirmative step to go online to fill out a voter registration application.

1. Modernization at the DMV. The DMV is currently undergoing a comprehensive modernization of its information technology (IT) systems through their Digital eXperience Platform (DXP) Project. The DXP Project will update and replace software, hardware, and programming languages for DMV’s current legacy systems. The DXP Project is a multi-year incremental technology project to replace all obsolete legacy applications and systems, including systems for occupational licensing, vehicle registration, and driver’s license and identification cards. The DXP Project will replace the current obsolete legacy applications and systems with flexible technology to meet business processes and services as well as to comply with changing legislation and new mandates in a timely manner. The DMV core systems technology architecture was designed in the late 1960s to address the business needs at the time and has reached its outer limits and any change to or expansion of functionality jeopardizes continuity of services, systems and data integrity, as well as the collection of billions of dollars.

According to DMV, challenges have caused significant delays in the completion of the DXP Project and the driver’s license modernization project is now expected to be complete in 2028. The modernization project will include the addition of functionality required by previously-enacted legislation. However, due to concerns about the potential for further delays and complications to the modernization project, DMV is no longer considering adding additional functionality to the contract for modernizing the driver’s licensing system and asking legislation that would require changes to driver’s licensing systems to delay implementation until 2030, with the changes being made to the modernized system after it is deployed in 2028.

It is unknown how the provisions of this bill will be implemented during and after this modernization project.

1. Concerns from the Secretary of State. In a letter submitted to Governor Newsom, the SOS expressed numerous concerns with the planning and implementation of this bill. Specifically, the SOS summarized and stated the following:

…while the author deserves singular praise in reaching for a noble objective, maximum voter participation, there are too many unanswered questions regarding the implementation of this bill, and there is too little information on specific technology solutions and their practicality and cost, for California to embark on automatic voter registration with any degree of confidence at this time. Given what we can anticipate as significant cost, to state it conservatively, there is a legitimate question as to the commensurate resulting benefit, given the great progress California has very recently made in boosting voter registration.

RELATED/PRIOR LEGISLATION

AB 2127 (Berman) of 2024 extends, from January 1, 2025 to January 1, 2030, the operation of the CNMVP program taskforce established by the SOS to advise the SOS and the DMV on the effective implementation of the CNMVP program.

SB 846 (Limón) of 2023 would have created a back-end automated voter registration system for registering voters via the CNMVP at the DMV, as specified. An earlier version of SB 299 was substantially similar to this bill.

AB 796 (Berman), Chapter 314, Statutes of 2021, among other provisions, made various changes to the timing and transfer of voter information data from the DMV to SOS.

SB 583 (Newman) of 2021 would have created a back-end automated voter registration system for registering voters at the DMV, as specified. SB 583 passed the Senate, was referred to the Assembly Committee on Elections, and was not taken up for consideration. SB 583 was substantially similar to SB 846.

AB 1137 (Mullin) of 2021 would have required the SOS to provide a report to the Legislature regarding the process and infrastructure of existing voter registration agencies, as specified. AB 1137 was amended to another topic.

SB 57 (Bates) of 2020 would have changed the CNMVP from an opt-out to an opt-in program.

SB 511 (Moorlach) of 2019 would have required the establishment of a committee including representatives of the SOS, DMV, and counties, for the purpose of facilitating the sharing of information necessary to implement CNMVP.

AB 1461 (Gonzalez), Chapter 729, Statutes of 2015, provided 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. A prior version of AB 1461 included a back-end registration model similar to SB 846. However, the bill was amended to the front-end opt-out system that was subsequently chaptered.

PRIOR ACTION

POSITIONS

Sponsor: Asian Americans and Pacific Islanders for Civic Empowerment

Support: Alliance for Reparations, Reconciliation, and Truth

California Grassroots Democracy Coalition

Oppose: American Civil Liberties Union California Action

Brennan Center for Justice at NYU School of Law

League of Women Voters of California

NALEO Educational Fund

-- END --

 UNFINISHED BUSINESS  

Bill No: SB 299

Author: Limón (D) and Menjivar (D), et al.

Amended: 8/22/24

Vote: 21

PRIOR VOTES NOT RELEVANT

SENATE ELECTIONS & C.A. COMMITTEE: 5-1, 8/29/24

AYES: Blakespear, Allen, Menjivar, Newman, Umberg

NOES: Nguyen

NO VOTE RECORDED: Portantino

ASSEMBLY FLOOR: 56-12, 8/28/24 - See last page for vote

SUBJECT: Voter registration: California New Motor Voter Program

SOURCE: Asian Americans and Pacific Islanders for Civic Empowerment

DIGEST:

The bill requires the Secretary of State (SOS) and the Department of Motor Vehicles (DMV) to develop a process to determine whether a person who submits a driver’s license application is already registered or preregistered to vote. This bill also requires the DMV, based upon this determination, to transmit specified information provided by the person during their DMV transaction to the SOS so the SOS can register, preregister, or update that person’s existing voter registration.

Assembly Amendments

replace the contents of the bill pertaining to Medi-Cal eligibility with the bill’s current language relating 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 (U.S.) citizen, a resident of California, not imprisoned 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. The person will then be registered to vote when they are 18 years old at the time of the next election.
2. Requires the SOS and the DMV to establish the CNMVP to increase opportunities for voter registration by any person who is eligible to register to vote.
3. Requires, pursuant to the CNMVP, that each eligible voter be registered or preregistered to vote by default when they submit an application for a driver’s license or state identification card, or provide the DMV with a change of address, unless the voter specifically declines to be registered to vote.
4. Provides that the SOS, not the DMV, is solely responsible for determining eligibility for voter registration and voting.
5. Requires the DMV, in consultation with the SOS, to establish a schedule and a method to electronically provide the SOS the information needed to register a person to vote.

1. Requires the SOS to provide specified outreach and education materials in languages other than English.
2. Provides the SOS shall not sell, transfer or allow any third party access to the information acquired from the DMV without approval of the DMV, except as otherwise permitted by law and as specified.
3. Provides the DMV shall not electronically provide records to the SOS of a person who is unable to submit satisfactory proof that their presence in the U.S. is authorized under federal law.
4. Provides that the willful, unauthorized disclosure of information obtained from the DMV to any person, or the use of any false representation to obtain any of that information, or the use of any of that information for a purpose other than what is permitted by law, is a misdemeanor.
5. Prohibits the DMV from electronically providing records pursuant to CNMVP that contain a home address designated as confidential.
6. Requires the SOS to establish procedures to protect the confidentiality of the information acquired from the DMV, and requires the SOS to account for any disclosures, including those due to security breaches, in accordance with existing law.
7. Provides that the records of a person who registers to vote pursuant to the CNMVP shall constitute a completed affidavit of registration and the SOS shall register the person to vote, unless certain conditions are met.
8. Provides that if a person who is registered to vote does not provide a party preference, the voter’s party preference shall be designated as “Unknown” and the voter shall be treated as a “No Party Preference” voter. Any such person whose party preference is designated as “Unknown” shall not be counted for purposes of determining the total number of voters registered for political party qualification purposes under existing law.
9. Provides that a person registered to vote may cancel their voter registration at any time by any current method.
   
10. Provides that if a person who is ineligible to vote becomes registered to vote through the CNMVP in the absence of willful voter registration fraud, that person’s registration shall be presumed to have been effected with official authorization and to have not been the fault of that person.
11. Provides that if a person who is ineligible to vote becomes registered to vote and votes or attempts to vote in an election, that person shall be presumed to have acted with official authorization and shall not be guilty of fraudulently voting or attempting to vote unless they vote or attempt to vote knowing they are ineligible to do so.
12. Requires the SOS to adopt specified regulations to implement the CNMVP.

This bill:

1. Requires the SOS and the DMV to determine whether a person interacting with the DMV is already preregistered or registered to vote. If they are not, or if the DMV cannot determine if they are, then the DMV shall provide specified information from each person’s driver’s license application to the SOS for the purposes of voter registration.
2. Provides that if a person provides a document at the time of the transaction with the DMV that demonstrates they are not a U.S. citizen, the person shall not be offered the opportunity to register to vote and the DMV shall not electronically provide records of that person to the SOS.
3. Permits the SOS to promulgate regulations to establish a brand new list of people who are “preapproved” for voter registration if the SOS determines that sufficient technology infrastructure exists and sufficient funding is available for implementation. Requires the regulations to address all of the following:
   1. Updating and maintaining the accuracy of the list of people who are preapproved for voter registration;
   2. How a person who has been preapproved may activate their registration; and
   3. The manner and method by which the DMV may provide to the SOS, for inclusion on the list of people who are preapproved for voter registration, information regarding a person’s name and address, and any additional information required by the SOS that the person submitted with their driver’s license application.
4. Requires the provisions of this bill become operative on January 1, 2030, or five days after the date the SOS and the DMV certify the information technology infrastructure necessary to substantially implement this act is functional.

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 or Motor Voter, 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 a driver’s license or an identification card, when renewing a driver’s license, an identification card, or when a change of address transaction takes place.

Despite being commonly referred to as “motor voter,” the NVRA also requires states to designate other agencies as “voter registration agencies” and provides an opportunity to register to vote when interacting with those agencies. This includes offices that provide public assistance and offices that provide services to individuals with disabilities. In California, the Governor is also able to designate additional voter registration agencies.

California New Motor Voter Program. In 2015, the Legislature passed and Governor Brown signed AB 1461 (Gonzalez, Chapter 729, Statutes of 2015), which provides that every person who submits an application for a driver’s license, 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.

Specifically, the DMV, in consultation with the SOS, is required to establish a schedule and method for the DMV to electronically provide the SOS the records of each person who submits an application for a driver’s license, state identification card, or provides the DMV with a change of address. The transmission of a person’s record from the DMV to the SOS constitutes 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 to meeting all voter eligibility requirements while at the DMV, or the SOS determines 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 the California law that allows non-citizens to receive driver’s licenses. In April 2018, California officially launched the CNMVP.

Comments

1. According to the author: “SB 299 is an opportunity to build on the existing Partial Automatic Voter Registration (AVR) system in California to further streamline voter registration. This bill authorizes the SOS to move to a secure AVR system, once technology and infrastructure are adequate to make the shift. This upgrade will register millions more eligible Californians, bringing more people of color, young people, and formerly incarcerated people into the political process. Oregon, Alaska, Colorado, Delaware, Massachusetts, Nevada, New Mexico, Washington, Washington D.C., Michigan, and Minnesota have all already adopted Secure AVR. This bill provides a path for California to join these states and to welcome 4.6 million eligible, but unregistered people, to our democratic process.”
2. Preapproved for Registration. This bill authorizes the SOS, if the SOS determines that adequate technology infrastructure exists, to promulgate regulations to establish a list of people who are preapproved for voter registration. Additionally, this bill requires the SOS to develop regulations that include, among other things, procedures for updating and maintaining the accuracy of the preapproved for voter registration list and procedures that describe how a person on the preapproved list may activate their registration. Under this bill, a person is placed on the preapproved registration list when they, during their transaction with the DMV, provide citizenship documents, are sufficient age to register or preregister to vote, did not submit a voter registration application pursuant during their transaction with the DMV, and were advised they will be put on a preapproved voter registration list and can activate their registration from that list at a future date.

Currently in California, a person is either (1) actively registered to vote, (2) preregistered to vote, (3) registered to vote but on the inactive voter file, (4) qualified to register to vote but not registered, or (5) not qualified to register to vote. Having a person’s name on a list and requiring that person to take an affirmative step to activate their voter registration is little different than a person taking the affirmative step to go online to fill out a voter registration application.

1. Concerns from the Secretary of State. In a letter submitted to Governor Newsom, the SOS expressed numerous concerns with the planning and implementation of this bill. Specifically, the SOS summarized and stated the following:

…while the author deserves singular praise in reaching for a noble objective, maximum voter participation, there are too many unanswered questions regarding the implementation of this bill, and there is too little information on specific technology solutions and their practicality and cost, for California to embark on automatic voter registration with any degree of confidence at this time. Given what we can anticipate as significant cost, to state it conservatively, there is a legitimate question as to the commensurate resulting benefit, given the great progress California has very recently made in boosting voter registration.

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

According to the Assembly Appropriations Committee:

1. Costs of approximately $3.1 million in the first year and $60,000 annually thereafter to the SOS for significant system enhancements and related vendor costs (General Fund (GF)). The SOS notes the VoteCal system would need to be modified to: (a) allow near real-time updates to confirm registered and pre-registered voter records, (b) include an additional database to store and update pre-approved voter registration records, and (c) create a new application programming interface to support high-confidence matching of VoteCal information with information obtained by DMV.
2. Costs of approximately $45 million in the first year and $41 million annually thereafter to DMV for additional staff and the development and maintenance of information technology and procedural systems to implement the process (Motor Vehicle Account (MVA) or GF). DMV notes it would need to reengineer its existing workflows in all service channels where a driver’s license transaction may occur, including through field offices, online renewal, and mail renewal. For example, as it relates to in-person transactions, DMV could no longer collect information regarding a customer’s ability to register to vote before the appointment through an electronic application. Since this bill requires different questions be posed to the customer based on whether a legal presence document is provided at the time of the transaction, DMV would now have to collect voter registration information at the counter using a tablet after staff has reviewed the legal presence document. DMV must then conduct a real-time check of VoteCal to ensure the customer is presented with the appropriate questions and transmit related data to the SOS.

Additionally, DMV is currently undergoing a comprehensive modernization of its core legacy system. The project has encountered significant delays and is now expected to be complete in 2028. Due to concerns about the potential for further delays and complications to the modernization project, DMV is no longer considering adding additional functionality to the project contract and requesting a delayed implementation date of 2030 for legislation, such as this bill, that would require further changes to the driver’s license system.

According to the Legislative Analyst’s Office (LAO), the GF faces a structural deficit in the tens of billions of dollars over the next several fiscal years and the MVA is expected to fully exhaust its reserves and become insolvent in fiscal year (FY) 2025‑26. The LAO further warns that the MVA, absent corrective action, such as revenue increases or spending reductions, will experience a negative fund balance of $1.4 billion in FY 2028‑29.

SUPPORT: (Verified 8/28/24)

Asian Americans and Pacific Islanders for Civic Empowerment (source)

Alliance for Reparations, Reconciliation, and Truth

California Grassroots Democracy Coalition

OPPOSITION: (Verified 8/28/24)

American Civil Liberties Union California Action

Brennan Center for Justice at NYU School of Law

League of Women Voters of California

NALEO Educational Fund

ASSEMBLY FLOOR: 56-12, 8/28/24

AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Boerner, Bonta, Bryan, Juan Carrillo, Wendy Carrillo, Connolly, Mike Fong, Friedman, Garcia, Gipson, Grayson, Haney, Hart, Holden, Irwin, Jackson, Jones-Sawyer, Kalra, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Stephanie Nguyen, Pacheco, Papan, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Santiago, Schiavo, Soria, Ting, Valencia, Villapudua, Waldron, Ward, Wicks, Wilson, Wood, Zbur, Robert Rivas

NOES: Megan Dahle, Davies, Dixon, Essayli, Gallagher, Hoover, Mathis, Jim Patterson, Joe Patterson, Sanchez, Ta, Wallis

NO VOTE RECORDED: Berman, Calderon, Cervantes, Chen, Flora, Gabriel, Lackey, Muratsuchi, Ortega, Pellerin, Weber

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

8/29/24 14:05:19

**** END ****

 UNFINISHED BUSINESS  

Bill No: SB 299

Author: Limón (D) and Menjivar (D), et al.

Amended: 8/22/24

Vote: 21

PRIOR VOTES NOT RELEVANT

ASSEMBLY FLOOR: 48-9, 8/28/24 – Roll call vote not available

SUBJECT: Voter registration: California New Motor Voter Program

SOURCE: Asian Americans and Pacific Islanders for Civic Empowerment

DIGEST:

The bill requires the Secretary of State (SOS) and the Department of Motor Vehicles (DMV) to develop a process to determine whether a person who submits a driver’s license application is already registered or preregistered to vote. This bill also requires the DMV, based upon this determination, to transmit specified information provided by the person during their DMV transaction to the SOS so the SOS can register, preregister, or update that person’s existing voter registration.

Assembly Amendments

replace the contents of the bill pertaining to Medi-Cal eligibility with the bill’s current language relating 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 (U.S.) citizen, a resident of California, not imprisoned 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. The person will then be registered to vote when they are 18 years old at the time of the next election.
2. Requires the SOS and the DMV to establish the CNMVP to increase opportunities for voter registration by any person who is eligible to register to vote.
3. Requires, pursuant to the CNMVP, that each eligible voter be registered or preregistered to vote by default when they submit an application for a driver’s license or state identification card, or provide the DMV with a change of address, unless the voter specifically declines to be registered to vote.
4. Provides that the SOS, not the DMV, is solely responsible for determining eligibility for voter registration and voting.
5. Requires the DMV, in consultation with the SOS, to establish a schedule and a method to electronically provide the SOS the information needed to register a person to vote.

1. Requires the SOS to provide specified outreach and education materials in languages other than English.
2. Provides the SOS shall not sell, transfer or allow any third party access to the information acquired from the DMV without approval of the DMV, except as otherwise permitted by law and as specified.
3. Provides the DMV shall not electronically provide records to the SOS of a person who is unable to submit satisfactory proof that their presence in the U.S. is authorized under federal law.
4. Provides that the willful, unauthorized disclosure of information obtained from the DMV to any person, or the use of any false representation to obtain any of that information, or the use of any of that information for a purpose other than what is permitted by law, is a misdemeanor.
5. Prohibits the DMV from electronically providing records pursuant to CNMVP that contain a home address designated as confidential.
6. Requires the SOS to establish procedures to protect the confidentiality of the information acquired from the DMV, and requires the SOS to account for any disclosures, including those due to security breaches, in accordance with existing law.
7. Provides that the records of a person who registers to vote pursuant to the CNMVP shall constitute a completed affidavit of registration and the SOS shall register the person to vote, unless certain conditions are met.
8. Provides that if a person who is registered to vote does not provide a party preference, the voter’s party preference shall be designated as “Unknown” and the voter shall be treated as a “No Party Preference” voter. Any such person whose party preference is designated as “Unknown” shall not be counted for purposes of determining the total number of voters registered for political party qualification purposes under existing law.
9. Provides that a person registered to vote may cancel their voter registration at any time by any current method.
   
10. Provides that if a person who is ineligible to vote becomes registered to vote through the CNMVP in the absence of willful voter registration fraud, that person’s registration shall be presumed to have been effected with official authorization and to have not been the fault of that person.
11. Provides that if a person who is ineligible to vote becomes registered to vote and votes or attempts to vote in an election, that person shall be presumed to have acted with official authorization and shall not be guilty of fraudulently voting or attempting to vote unless they vote or attempt to vote knowing they are ineligible to do so.
12. Requires the SOS to adopt specified regulations to implement the CNMVP.

This bill:

1. Requires the SOS and the DMV to determine whether a person interacting with the DMV is already preregistered or registered to vote. If they are not, or if the DMV cannot determine if they are, then the DMV shall provide specified information from each person’s driver’s license application to the SOS for the purposes of voter registration.
2. Provides that if a person provides a document at the time of the transaction with the DMV that demonstrates they are not a U.S. citizen, the person shall not be offered the opportunity to register to vote and the DMV shall not electronically provide records of that person to the SOS.
3. Permits the SOS to promulgate regulations to establish a brand new list of people who are “preapproved” for voter registration if the SOS determines that sufficient technology infrastructure exists and sufficient funding is available for implementation. Requires the regulations to address all of the following:
   1. Updating and maintaining the accuracy of the list of people who are preapproved for voter registration;
   2. How a person who has been preapproved may activate their registration; and
   3. The manner and method by which the DMV may provide to the SOS, for inclusion on the list of people who are preapproved for voter registration, information regarding a person’s name and address, and any additional information required by the SOS that the person submitted with their driver’s license application.
4. Requires the provisions of this bill become operative on January 1, 2030, or five days after the date the SOS and the DMV certify the information technology infrastructure necessary to substantially implement this act is functional.

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 or Motor Voter, 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 a driver’s license or an identification card, when renewing a driver’s license, an identification card, or when a change of address transaction takes place.

Despite being commonly referred to as “motor voter,” the NVRA also requires states to designate other agencies as “voter registration agencies” and provides an opportunity to register to vote when interacting with those agencies. This includes offices that provide public assistance and offices that provide services to individuals with disabilities. In California, the Governor is also able to designate additional voter registration agencies.

California New Motor Voter Program. In 2015, the Legislature passed and Governor Brown signed AB 1461 (Gonzalez, Chapter 729, Statutes of 2015), which provides that every person who submits an application for a driver’s license, 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.

Specifically, the DMV, in consultation with the SOS, is required to establish a schedule and method for the DMV to electronically provide the SOS the records of each person who submits an application for a driver’s license, state identification card, or provides the DMV with a change of address. The transmission of a person’s record from the DMV to the SOS constitutes 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 to meeting all voter eligibility requirements while at the DMV, or the SOS determines 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 the California law that allows non-citizens to receive driver’s licenses. In April 2018, California officially launched the CNMVP.

Comments

1. According to the author: “SB 299 is an opportunity to build on the existing Partial Automatic Voter Registration (AVR) system in California to further streamline voter registration. This bill authorizes the SOS to move to a secure AVR system, once technology and infrastructure are adequate to make the shift. This upgrade will register millions more eligible Californians, bringing more people of color, young people, and formerly incarcerated people into the political process. Oregon, Alaska, Colorado, Delaware, Massachusetts, Nevada, New Mexico, Washington, Washington D.C., Michigan, and Minnesota have all already adopted Secure AVR. This bill provides a path for California to join these states and to welcome 4.6 million eligible, but unregistered people, to our democratic process.”
2. Preapproved for Registration. This bill authorizes the SOS, if the SOS determines that adequate technology infrastructure exists, to promulgate regulations to establish a list of people who are preapproved for voter registration. Additionally, this bill requires the SOS to develop regulations that include, among other things, procedures for updating and maintaining the accuracy of the preapproved for voter registration list and procedures that describe how a person on the preapproved list may activate their registration. Under this bill, a person is placed on the preapproved registration list when they, during their transaction with the DMV, provide citizenship documents, are sufficient age to register or preregister to vote, did not submit a voter registration application pursuant during their transaction with the DMV, and were advised they will be put on a preapproved voter registration list and can activate their registration from that list at a future date.

Currently in California, a person is either (1) actively registered to vote, (2) preregistered to vote, (3) registered to vote but on the inactive voter file, (4) qualified to register to vote but not registered, or (5) not qualified to register to vote. Having a person’s name on a list and requiring that person to take an affirmative step to activate their voter registration is little different than a person taking the affirmative step to go online to fill out a voter registration application.

1. Concerns from the Secretary of State. In a letter submitted to Governor Newsom, the SOS expressed numerous concerns with the planning and implementation of this bill. Specifically, the SOS summarized and stated the following:

…while the author deserves singular praise in reaching for a noble objective, maximum voter participation, there are too many unanswered questions regarding the implementation of this bill, and there is too little information on specific technology solutions and their practicality and cost, for California to embark on automatic voter registration with any degree of confidence at this time. Given what we can anticipate as significant cost, to state it conservatively, there is a legitimate question as to the commensurate resulting benefit, given the great progress California has very recently made in boosting voter registration.

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

According to the Assembly Appropriations Committee:

1. Costs of approximately $3.1 million in the first year and $60,000 annually thereafter to the SOS for significant system enhancements and related vendor costs (General Fund (GF)). The SOS notes the VoteCal system would need to be modified to: (a) allow near real-time updates to confirm registered and pre-registered voter records, (b) include an additional database to store and update pre-approved voter registration records, and (c) create a new application programming interface to support high-confidence matching of VoteCal information with information obtained by DMV.
2. Costs of approximately $45 million in the first year and $41 million annually thereafter to DMV for additional staff and the development and maintenance of information technology and procedural systems to implement the process (Motor Vehicle Account (MVA) or GF). DMV notes it would need to reengineer its existing workflows in all service channels where a driver’s license transaction may occur, including through field offices, online renewal, and mail renewal. For example, as it relates to in-person transactions, DMV could no longer collect information regarding a customer’s ability to register to vote before the appointment through an electronic application. Since this bill requires different questions be posed to the customer based on whether a legal presence document is provided at the time of the transaction, DMV would now have to collect voter registration information at the counter using a tablet after staff has reviewed the legal presence document. DMV must then conduct a real-time check of VoteCal to ensure the customer is presented with the appropriate questions and transmit related data to the SOS.

Additionally, DMV is currently undergoing a comprehensive modernization of its core legacy system. The project has encountered significant delays and is now expected to be complete in 2028. Due to concerns about the potential for further delays and complications to the modernization project, DMV is no longer considering adding additional functionality to the project contract and requesting a delayed implementation date of 2030 for legislation, such as this bill, that would require further changes to the driver’s license system.

According to the Legislative Analyst’s Office (LAO), the GF faces a structural deficit in the tens of billions of dollars over the next several fiscal years and the MVA is expected to fully exhaust its reserves and become insolvent in fiscal year (FY) 2025‑26. The LAO further warns that the MVA, absent corrective action, such as revenue increases or spending reductions, will experience a negative fund balance of $1.4 billion in FY 2028‑29.

SUPPORT: (Verified 8/28/24)

Asian Americans and Pacific Islanders for Civic Empowerment (source)

Alliance for Reparation, Reconciliation, and Truth

Black Equity Collective

California Black Power Network

Catalyst California

Equal Justice Society

Livefree California

California Reparations Task Force members Dr. Cheryl Grills, Lisa Holder,

and Don Tamaki

OPPOSITION: (Verified 8/28/24)

American Civil Liberties Union California Action

Brennan Center for Justice at NYU School of Law

League of Women Voters of California

NALEO Educational Fund

Click here to enter text.

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

8/28/24 22:09:17

**** END ****

SENATE THIRD READING

STR Bill Id:SB 299

Author:(Limón and Menjivar)

As Amended Ver:August 22, 2024

Majority vote

SUMMARY

Makes significant modifications to the California New Motor Voter (NMV) Program.

Major Provisions

1. Modifies the NMV program by requiring the Secretary of State (SOS) and Department of Motor Vehicles (DMV) to develop a process by which DMV uses information from the statewide voter registration database (VoteCal) to determine whether a driver's license applicant is already registered or pre-registered to vote. Requires the DMV, based on the determination, to transmit the person's information to the SOS for purposes related to registering or pre-registering the person to vote or updating the person's registration information.
2. Allows the SOS to satisfy the requirement described above by providing a copy of the statewide voter registration database to the DMV.
3. Prohibits the DMV, if at the time of the transaction with the DMV the person provides a document that demonstrates the person is not a United States (US) citizen, from offering them the opportunity to register to vote, and prohibits the DMV from electronically providing records of that person to the SOS, as specified.
4. Allows the SOS, upon determining sufficient technology infrastructure exists and consulting with DMV and county elections officials, to promulgate regulations governing the establishment of a list of individuals who are "pre-approved for registration." Requires the regulations to address how: a) the list may be accurately maintained, b) a pre-approved individual may activate their voter registration, and c) the DMV may share applicant information with SOS for voter registration purposes.
5. Defines "preapproved for registration" to mean an unregistered person who, during their business with the DMV, provided documentation demonstrating US citizenship and sufficient age to register or preregister to vote, did not submit a voter registration application during their transaction with the DMV, and was notified that they will be put on a preapproved voter registration list and that the voter may activate their registration from that list at a future date. Requires the SOS to determine the entity who will provide a preapproved voter registration notice and the manner and method of such notice.
6. Provides this bill becomes operative on the earlier of January 1, 2030, or five days after the date the SOS and the DMV certify that the information technology infrastructure necessary to substantially implement this bill is functional. Permits the SOS and the DMV, beginning on January 1, 2025, to perform administrative actions necessary to implement this bill.

COMMENTS

The National Voter Registration Act (NVRA) requires states to provide individuals with the opportunity to register to vote at the same time that they apply for or renew a driver's license at the DMV. One of the provisions of the NVRA prohibits the voter registration portion of a driver's license application from requiring any information that duplicates information required in the driver's license portion of the form, other than a second signature or a statement attesting to the person's eligibility to register to vote. AB 1461 (Gonzalez), Chapter 729, Statutes of 2015, known as the NMV program, provides automatic voter registration for every person who has a driver's license or state identification card and who is eligible to register to vote at the DMV, unless that person opts out. Under the NMV program, a DMV customer who attests to their eligibility and does not opt out is automatically registered to vote. The implementation of AB 1461 was contingent upon the implementation of VoteCal, the appropriation of funds from the Legislature necessary for the SOS and the DMV to implement AB 1461, and the adoption of regulations required by AB 1461. The NMV program became operative in April 2018.

This bill significantly modifies the NMV program by applying different program filters that determine how DMV interacts with each applicant. Specifically, this bill creates a non-citizen filter and provides that a person who provides the DMV with a document that demonstrates the person is not a citizen will not be offered the opportunity to register to vote. The new non-citizen filer may help ensure a non-citizen is not inadvertently offered the opportunity to register to vote. On the flip side, the new non-citizen filter may prevent a person whose citizenship status has changed from being offered the opportunity to vote in the future. Once a person has provided documentation of their legal presence in the US, that person typically is not required to provide proof of legal presence during subsequent transactions with the DMV.

Additionally, this bill creates a voter registration status filter in which an individual's current voter registration status (registered or not registered) determines how the individual moves through the NMV program. Specifically, this bill requires the SOS and DMV to develop a process through which DMV compares the information associated with each driver's license applicant to VoteCal to determine whether the person is registered or pre-registered to vote. If it is determined that a person is unregistered to vote, the individual moves through the NMV program. If it is determined a person is registered to vote, the individual is asked if they would like to update or change their current voter registration information.

This bill also authorizes the SOS, if the SOS determines that sufficient technology infrastructure exists, to promulgate regulations to establish a list of individuals that are preapproved for voter registration. Under this bill, a person is placed on the preapproved registration list when they, during their transaction with the DMV, provide citizenship documents, are sufficient age to register or preregister to vote, did not submit a voter registration application during their transaction with the DMV, and was notified that they will be put on a preapproved voter registration list and that the voter may activate their registration from that list at a future date. This bill, however, does not provide any detail as to how a voter would activate their registration and move off of the preapproved registration list. While this bill permits the SOS to develop regulations that include procedures for this process, it may be prudent for the Legislature to have the authority to determine how a person moves from the preapproved registration list to the active registration list instead of granting that authority to the SOS.

Please see the policy committee analysis for a full discussion of this bill.

According to the Author

"SB 299 is an opportunity to build on the existing Partial Automatic Voter Registration (AVR) system in California to further streamline voter registration. [T]his bill gives the Secretary of State discretionary authority, if they believe the necessary technology and infrastructure exists, to adopt regulations to generate a list of people 'preapproved for registration.' This upgrade will position millions of eligible Californians to vote, bringing more people of color, young people, and formerly incarcerated people into the political process. Oregon, Alaska, Colorado, Delaware, Massachusetts, Nevada, New Mexico, Washington, Washington D.C., Michigan, and Minnesota have all already adopted versions of Secure AVR. This bill provides a path for California to join these states and to welcome 4.6 million eligible, but unregistered people, to our democratic process."

Arguments in Support

In support of a prior version of this bill, NextGen California wrote, "In the years since California adopted the New Motor Voter Program, many other states have made additional upgrades to their voter registration systems to automate the process while protecting non-citizens from erroneously registering… Currently, every customer that visits the Department of Motor Vehicles (DMV) is presented with the same screen during their transaction. This screen asks every customer — even non-citizens — if they are a citizen and would like to register to vote. This presents a significant risk to non-citizens, who may accidentally mark the wrong answer for lack of language proficiency and it is confusing to eligible citizens who are already registered or are unclear of their eligibility. The reforms proposed in SB 299 would use identification information already provided to the DMV to establish eligibility and a link to the Secretary of State voter roll to ensure that only eligible but unregistered Californians are presented with the question about registering to vote. Additionally, DMV customers who are already registered will be presented with a screen asking if they would like to make any updates to their voter registration information.

"Finally and most significantly, this bill would authorize the Secretary of State to determine if and when the state is ready to create a pre-approved list of eligible voters who only need to take a to-be-determined action to activate their status. This pre-approved list would be drawn from DMV customers who have shown documentation to establish eligibility, but are currently unregistered. In the District of Columbia, which has adopted a pre-approved voter registration list, anyone on the list can simply show up to cast their ballot without having to take any additional steps or cast a provisional ballot. This reform eliminates the barrier of registration and simplifies the voting process for the majority of eligible voters."

Arguments in Opposition

In opposition to a prior version of this bill, the League of Women Voters of California, NALEO Educational Fund, ACLU California Action, and the Brennan Center for Justice, jointly wrote, "The new legislation appears to indefinitely move the authority to create a quasi-backend voter registration system from the legislature to the Secretary of State (SoS). The creation of the 'preapproved voter' list still makes citizenship assessments dependent on actions of DMV staff and on the meticulous functioning of software which does not currently exist…Similarly, we have concerns about the privacy of individuals placed on the 'preapproved voter' list and how these individuals would be protected from groups which target and harass people they believe are noncitizens. While we appreciate ideas discussed with us by the proponents as to how the SoS could address these issues through regulation, SB 299's current language does not provide sufficient guardrails to allay our concerns. It also provides no clarity as to whether there would be any attestation required in the activation, or what sort of act might constitute 'activation.'… Implementing the new SB 299 language could still require millions of dollars annually, after the taxpayers have already expended millions of dollars streamlining and refining the existing system. In only 6 years, this system has resulted in over 26 million new or updated voter registration transactions. It is also the top registration method for youth and voters of color, from which only 14% of eligible DMV users who are either unregistered or have outdated registration choose to opt out. Without further discussion, SB 299 would be an ill-informed use of significant state resources that could be better used elsewhere to close voter disparities and create a more inclusive electorate. Instead of spending a huge amount of money to put into place building blocks for backend voter registration, we believe that it would be a more effective use of resources to focus on expanding the current front-end AVR system to other agencies that would reach more underrepresented people, like Covered California."

FISCAL COMMENTS

According to the Assembly Appropriations Committee:

1. Costs of approximately $3.1 million in the first year and $60,000 annually thereafter to the SOS for significant system enhancements and related vendor costs (General Fund (GF)). The SOS notes the VoteCal system would need to be modified to: (a) allow near real-time updates to confirm registered and pre-registered voter records, (b) include an additional database to store and update pre-approved voter registration records, and (c) create a new application programming interface to support high-confidence matching of VoteCal information with information obtained by DMV.
2. Costs of approximately $45 million in the first year and $41 million annually thereafter to DMV for additional staff and the development and maintenance of information technology and procedural systems to implement the process (Motor Vehicle Account (MVA) or GF). DMV notes it would need to reevaluate its existing workflows in all service channels where a driver's license transaction may occur, including through field offices, online renewal, and mail renewal, to accurately collect and transmit specified data to the SOS.

Additionally, DMV is currently undergoing a comprehensive modernization of its core legacy system. The project has encountered significant delays and is now expected to be complete in 2028. Due to concerns about the potential for further delays and complications to the modernization project, DMV is no longer considering adding additional functionality to the project contract and requesting a delayed implementation date of 2030 for legislation, such as this bill, that would require further changes to the driver's license system.

According to the Legislative Analyst's Office (LAO), the GF faces a structural deficit in the tens of billions of dollars over the next several fiscal years and the MVA is expected to fully exhaust its reserves and become insolvent in fiscal year (FY) 2025‑26. The LAO further warns that the MVA, absent corrective action, such as revenue increases or spending reductions, will experience a negative fund balance of $1.4 billion in FY 2028‑29.

VOTES

SENATE FLOOR: 36-1-3

YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Laird, McGuire, Menjivar, Min, Newman, Nguyen, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk

NO: Jones

ABS, ABST OR NV: Limón, Niello, Seyarto

ASM ELECTIONS: 6-0-2

YES: Pellerin, Bennett, Berman, Cervantes, Low, Weber

ABS, ABST OR NV: Lackey, Essayli

ASM TRANSPORTATION: 10-4-1

YES: Wilson, Aguiar-Curry, Juan Carrillo, Hart, Jackson, Lowenthal, Papan, Ting, Ward, Wicks

NO: Davies, Hoover, Sanchez, Wallis

ABS, ABST OR NV: Berman

ASM APPROPRIATIONS: 11-3-1

YES: Wicks, Arambula, Bryan, Calderon, Wendy Carrillo, Mike Fong, Grayson, Haney, Hart, Pellerin, Villapudua

NO: Sanchez, Dixon, Ta

ABS, ABST OR NV: Jim Patterson

UPDATED

VERSION: August 22, 2024

CONSULTANT: Nichole Becker / ELECTIONS / (916) 319-2094 FN: 0004530

SENATE THIRD READING

STR Bill Id:SB 299

Author:(Limón and Menjivar)

As Amended Ver:August 19, 2024

Majority vote

SUMMARY

Makes significant modifications to the California New Motor Voter (NMV) Program.

Major Provisions

1. Modifies the NMV program by requiring the Secretary of State (SOS) and Department of Motor Vehicles (DMV) to develop a process by which DMV uses information from the statewide voter registration database (VoteCal) to determine whether a driver's license applicant is already registered or pre-registered to vote. Requires the DMV, based on the determination, to transmit the person's information to the SOS for purposes related to registering or pre-registering the person to vote or updating the person's registration information.
2. Allows the SOS to satisfy the requirement described above by providing a copy of the statewide voter registration database to the DMV.
3. Prohibits the DMV, if at the time of the transaction with the DMV the person provides a document that demonstrates the person is not a United States (US) citizen, from offering them the opportunity to register to vote, and prohibits the DMV from electronically providing records of that person to the SOS, as specified. Requires the SOS to determine which documentation presented to the DMV constitutes demonstrative proof that a person is not a US citizen.
4. Allows the SOS, upon determining adequate technology infrastructure exists and consulting with DMV and county elections officials, to promulgate regulations governing the establishment of a list of individuals who are "pre-approved for registration." Requires the regulations to address how: a) the list may be accurately maintained, b) a pre-approved individual may activate their voter registration, and c) the DMV may share applicant information with SOS for voter registration purposes.
5. Defines "preapproved for registration" to mean an unregistered person who, during their business with the DMV, provided documentation demonstrating US citizenship and sufficient age to register or preregister to vote, did not submit a voter registration application during their transaction with the DMV, and was advised that they will be put on a preapproved voter registration list and that the voter may activate their registration from that list at a future date.
6. Provides this bill becomes operative on the earlier of June 30, 2027, or five days after the date the SOS and the DMV certify that the information technology infrastructure necessary to substantially implement this bill is functional. Permits the SOS, beginning on January 1, 2025, to perform administrative actions necessary to implement this bill.

COMMENTS

The National Voter Registration Act (NVRA) requires states to provide individuals with the opportunity to register to vote at the same time that they apply for or renew a driver's license at the DMV. One of the provisions of the NVRA prohibits the voter registration portion of a driver's license application from requiring any information that duplicates information required in the driver's license portion of the form, other than a second signature or a statement attesting to the person's eligibility to register to vote. AB 1461 (Gonzalez), Chapter 729, Statutes of 2015, known as the NMV program, provides automatic voter registration for every person who has a driver's license or state identification card and who is eligible to register to vote at the DMV, unless that person opts out. Under the NMV program, a DMV customer who attests to their eligibility and does not opt out is automatically registered to vote. The implementation of AB 1461 was contingent upon the implementation of VoteCal, the appropriation of funds from the Legislature necessary for the SOS and the DMV to implement AB 1461, and the adoption of regulations required by AB 1461. The NMV program became operative in April 2018.

This bill significantly modifies the NMV program by applying different program filters that determine how DMV interacts with each applicant. Specifically, this bill creates a non-citizen filter and provides that a person who provides the DMV with a document that demonstrates the person is not a citizen will not be offered the opportunity to register to vote. The new non-citizen filer may help ensure a non-citizen is not inadvertently offered the opportunity to register to vote. On the flip side, the new non-citizen filter may prevent a person whose citizenship status has changed from being offered the opportunity to vote in the future. Once a person has provided documentation of their legal presence in the US, that person typically is not required to provide proof of legal presence during subsequent transactions with the DMV.

Additionally, this bill creates a voter registration status filter in which an individual's current voter registration status (registered or not registered) determines how the individual moves through the NMV program. Specifically, this bill requires the SOS and DMV to develop a process through which DMV compares the information associated with each driver's license applicant to VoteCal to determine whether the person is registered or pre-registered to vote. If it is determined that a person is unregistered to vote, the individual moves through the NMV program. If it is determined a person is registered to vote, the individual is asked if they would like to update or change their current voter registration information.

This bill also authorizes the SOS, if the SOS determines that adequate technology infrastructure exists, to promulgate regulations to establish a list of individuals that are preapproved for voter registration. Under this bill, a person is placed on the preapproved registration list when they, during their transaction with the DMV, provide citizenship documents, are sufficient age to register or preregister to vote, did not submit a voter registration application during their transaction with the DMV, and was advised that they will be put on a preapproved voter registration list and that the voter may activate their registration from that list at a future date. This bill, however, does not provide any detail as to how a voter would activate their registration and move off of the preapproved registration list. While this bill permits the SOS to develop regulations that include procedures for this process, it may be prudent for the Legislature to have the authority to determine how a person moves from the preapproved registration list to the active registration list instead of granting that authority to the SOS.

Please see the policy committee analysis for a full discussion of this bill.

According to the Author

"SB 299 is an opportunity to build on the existing Partial Automatic Voter Registration (AVR) system in California to further streamline voter registration. [T]his bill gives the Secretary of State discretionary authority, if they believe the necessary technology and infrastructure exists, to adopt regulations to generate a list of people 'preapproved for registration.' This upgrade will position millions of eligible Californians to vote, bringing more people of color, young people, and formerly incarcerated people into the political process. Oregon, Alaska, Colorado, Delaware, Massachusetts, Nevada, New Mexico, Washington, Washington D.C., Michigan, and Minnesota have all already adopted versions of Secure AVR. This bill provides a path for California to join these states and to welcome 4.6 million eligible, but unregistered people, to our democratic process."

Arguments in Support

In support, NextGen California writes, "In the years since California adopted the New Motor Voter Program, many other states have made additional upgrades to their voter registration systems to automate the process while protecting non-citizens from erroneously registering… Currently, every customer that visits the Department of Motor Vehicles (DMV) is presented with the same screen during their transaction. This screen asks every customer — even non-citizens — if they are a citizen and would like to register to vote. This presents a significant risk to non-citizens, who may accidentally mark the wrong answer for lack of language proficiency and it is confusing to eligible citizens who are already registered or are unclear of their eligibility. The reforms proposed in SB 299 would use identification information already provided to the DMV to establish eligibility and a link to the Secretary of State voter roll to ensure that only eligible but unregistered Californians are presented with the question about registering to vote. Additionally, DMV customers who are already registered will be presented with a screen asking if they would like to make any updates to their voter registration information.

"Finally and most significantly, this bill would authorize the Secretary of State to determine if and when the state is ready to create a pre-approved list of eligible voters who only need to take a to-be-determined action to activate their status. This pre-approved list would be drawn from DMV customers who have shown documentation to establish eligibility, but are currently unregistered. In the District of Columbia, which has adopted a pre-approved voter registration list, anyone on the list can simply show up to cast their ballot without having to take any additional steps or cast a provisional ballot. This reform eliminates the barrier of registration and simplifies the voting process for the majority of eligible voters."

Arguments in Opposition

In opposition, the League of Women Voters of California, NALEO Educational Fund, ACLU California Action, and the Brennan Center for Justice, jointly write, "The new legislation appears to indefinitely move the authority to create a quasi-backend voter registration system from the legislature to the Secretary of State (SoS). The creation of the 'preapproved voter' list still makes citizenship assessments dependent on actions of DMV staff and on the meticulous functioning of software which does not currently exist…Similarly, we have concerns about the privacy of individuals placed on the 'preapproved voter' list and how these individuals would be protected from groups which target and harass people they believe are noncitizens. While we appreciate ideas discussed with us by the proponents as to how the SoS could address these issues through regulation, SB 299's current language does not provide sufficient guardrails to allay our concerns. It also provides no clarity as to whether there would be any attestation required in the activation, or what sort of act might constitute 'activation.'… Implementing the new SB 299 language could still require millions of dollars annually, after the taxpayers have already expended millions of dollars streamlining and refining the existing system. In only 6 years, this system has resulted in over 26 million new or updated voter registration transactions. It is also the top registration method for youth and voters of color, from which only 14% of eligible DMV users who are either unregistered or have outdated registration choose to opt out. Without further discussion, SB 299 would be an ill-informed use of significant state resources that could be better used elsewhere to close voter disparities and create a more inclusive electorate. Instead of spending a huge amount of money to put into place building blocks for backend voter registration, we believe that it would be a more effective use of resources to focus on expanding the current front-end AVR system to other agencies that would reach more underrepresented people, like Covered California."

FISCAL COMMENTS

According to the Assembly Appropriations Committee:

1. Costs of approximately $3.1 million in the first year and $60,000 annually thereafter to the SOS for significant system enhancements and related vendor costs (General Fund (GF)). The SOS notes the VoteCal system would need to be modified to: (a) allow near real-time updates to confirm registered and pre-registered voter records, (b) include an additional database to store and update pre-approved voter registration records, and (c) create a new application programming interface to support high-confidence matching of VoteCal information with information obtained by DMV.
2. Costs of approximately $45 million in the first year and $41 million annually thereafter to DMV for additional staff and the development and maintenance of information technology and procedural systems to implement the process (Motor Vehicle Account (MVA) or GF). DMV notes it would need to reevaluate its existing workflows in all service channels where a driver's license transaction may occur, including through field offices, online renewal, and mail renewal, to accurately collect and transmit specified data to the SOS.

Additionally, DMV is currently undergoing a comprehensive modernization of its core legacy system. The project has encountered significant delays and is now expected to be complete in 2028. Due to concerns about the potential for further delays and complications to the modernization project, DMV is no longer considering adding additional functionality to the project contract and requesting a delayed implementation date of 2030 for legislation, such as this bill, that would require further changes to the driver's license system.

According to the Legislative Analyst's Office (LAO), the GF faces a structural deficit in the tens of billions of dollars over the next several fiscal years and the MVA is expected to fully exhaust its reserves and become insolvent in fiscal year (FY) 2025‑26. The LAO further warns that the MVA, absent corrective action, such as revenue increases or spending reductions, will experience a negative fund balance of $1.4 billion in FY 2028‑29.

VOTES

SENATE FLOOR: 36-1-3

YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Laird, McGuire, Menjivar, Min, Newman, Nguyen, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk

NO: Jones

ABS, ABST OR NV: Limón, Niello, Seyarto

ASM ELECTIONS: 6-0-2

YES: Pellerin, Bennett, Berman, Cervantes, Low, Weber

ABS, ABST OR NV: Lackey, Essayli

ASM TRANSPORTATION: 10-4-1

YES: Wilson, Aguiar-Curry, Juan Carrillo, Hart, Jackson, Lowenthal, Papan, Ting, Ward, Wicks

NO: Davies, Hoover, Sanchez, Wallis

ABS, ABST OR NV: Berman

ASM APPROPRIATIONS: 11-3-1

YES: Wicks, Arambula, Bryan, Calderon, Wendy Carrillo, Mike Fong, Grayson, Haney, Hart, Pellerin, Villapudua

NO: Sanchez, Dixon, Ta

ABS, ABST OR NV: Jim Patterson

UPDATED

VERSION: August 19, 2024

CONSULTANT: Nichole Becker / ELECTIONS / (916) 319-2094 FN: 0004089

Date of Hearing: August 7, 2024

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

SBPCA Bill Id:SB 299

Author:(Limón) – As Amended Ver:June 27, 2024

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires the Secretary of State (SOS) and the Department of Motor Vehicles (DMV) to develop a process for the SOS and DMV to share information and establish a list of individuals who are eligible for voter registration pre-approval.

Specifically, this bill:

1. Requires the SOS and DMV to develop a process by which DMV uses information from the statewide voter registration database (VoteCal) to determine whether a driver’s license applicant is already registered or pre-registered to vote. Based on the determination, DMV must then transmit the person’s information to the SOS for purposes related to registering or pre-registering the person to vote or updating the person’s registration information.
2. Allows the SOS to satisfy the above-described requirement by providing a copy of the statewide voter registration database to DMV on a daily basis.
3. Prohibits DMV from applying this process to a person who provides a document to DMV demonstrating that the person is not a United States citizen.
4. Allows the SOS, upon determining adequate technology infrastructure exists and consulting with DMV and county elections officials, to promulgate regulations governing the establishment of a list of individuals pre-approved for voter registration. Regulations must address how: (a) the list may be accurately maintained, (b) a pre-approved individual may activate their voter registration, and (c) DMV may share applicant information with SOS for voter registration purposes.

FISCAL EFFECT:

1. Costs of approximately $3.1 million in the first year and $60,000 annually thereafter to the SOS for significant system enhancements and related vendor costs (General Fund (GF)). The SOS notes the VoteCal system would need to be modified to: (a) allow near real-time updates to confirm registered and pre-registered voter records, (b) include an additional database to store and update pre-approved voter registration records, and (c) create a new application programming interface to support high-confidence matching of VoteCal information with information obtained by DMV.
2. Costs of approximately $45 million in the first year and $41 million annually thereafter to DMV for additional staff and the development and maintenance of information technology and procedural systems to implement the process (Motor Vehicle Account (MVA) or GF). DMV notes it would need to reengineer its existing workflows in all service channels where a driver’s license transaction may occur, including through field offices, online renewal, and mail renewal. For example, as it relates to in-person transactions, DMV could no longer collect information regarding a customer’s ability to register to vote before the appointment through an electronic application. Since this bill requires different questions be posed to the customer based on whether a legal presence document is provided at the time of the transaction, DMV would now have to collect voter registration information at the counter using a tablet after staff has reviewed the legal presence document. DMV must then conduct a real-time check of VoteCal to ensure the customer is presented with the appropriate questions and transmit related data to the SOS.

Additionally, DMV is currently undergoing a comprehensive modernization of its core legacy system. The project has encountered significant delays and is now expected to be complete in 2028. Due to concerns about the potential for further delays and complications to the modernization project, DMV is no longer considering adding additional functionality to the project contract and requesting a delayed implementation date of 2030 for legislation, such as this bill, that would require further changes to the driver’s license system.

According to the Legislative Analyst’s Office (LAO), the GF faces a structural deficit in the tens of billions of dollars over the next several fiscal years and the MVA is expected to fully exhaust its reserves and become insolvent in fiscal year (FY) 2025‑26. The LAO further warns that the MVA, absent corrective action, such as revenue increases or spending reductions, will experience a negative fund balance of $1.4 billion in FY 2028‑29.

COMMENTS:

1. Purpose. According to the author:

SB 299 is an opportunity to build on the existing Partial Automatic Voter Registration (AVR) system in California to further streamline voter registration…This upgrade will position millions of eligible Californians to vote, bringing more people of color, young people, and formerly incarcerated people into the political process. Oregon, Alaska, Colorado, Delaware, Massachusetts, Nevada, New Mexico, Washington, Washington, D.C., Michigan, and Minnesota have all already adopted versions of Secure AVR.

1. Support and Opposition. This bill is supported by the Center for Secure and Modern Elections and the California Grassroots Democracy Coalition, which includes various labor organizations, social justice groups, and community empowerment organizations. The coalition argues, “Despite the many steps taken to make voter registration simple and accessible, registration remains a critical barrier that prevents millions of Californians from having their voices heard in our elections.”

This bill is opposed by the American Civil Liberties Union, California Action, League of Women Voters of California, and NALEO Educational Fund, which argue this bill “appears to indefinitely move the authority to create a quasi-backend voter registration system from the legislature to the [SOS]. The creation of the ‘preapproved voter’ list still makes citizenship assessments dependent on actions on DMV staff and on the meticulous functioning of software which does not currently exist.”

1. Background.

California’s New Motor Voter (NMV) Program. The National Voter Registration Act requires states to provide an individual the opportunity to register to vote at the same time the individual applies for or renews a driver’s license. California’s corresponding NMV program provides an automatic registration process for every person obtaining a driver’s license or state identification card who is eligible to register to vote, unless the person opts out. Following legal challenges from voting rights advocates, AB 796 (Berman), Chapter 314, Statutes of 2021, codified best practices from the settlement agreement to improve functionality of the NMV program and requires, until January 1, 2025, the SOS to establish a quarterly taskforce to advise the SOS and DMV on effective NMV program implementation.

Under the NMV program, each driver’s license applicant is asked whether they would like to register to vote during the course of their transaction with DMV. A person who chooses to register to vote must attest to their eligibility under penalty of perjury and answer registration questions, such as designating party preference and requesting translated voting materials. This bill significantly modifies the NMV program by applying different program filters that determine how DMV interacts with each applicant. First, if a person provides DMV with a document that demonstrates the person is not a citizen, the person would not be offered the opportunity to register to vote. While this new non-citizen filter may help ensure a non-citizen is not inadvertently registered to vote, the filter may also prevent a person whose citizenship status has changed from being asked if they would like to register. As described in the Assembly Elections Committee’s analysis of this bill:

For example, if a person used a permanent resident card to prove their legal presence when obtaining a driver’s license…When that person renews their driver’s license, the DMV already has documented proof of that person’s legal presence from the initial transaction. As a result, the DMV typically would not request the person to provide proof of legal presence again, so it is unlikely that the DMV would ever receive information about the change in the person’s citizenship status.

Second, this bill requires the SOS and DMV develop a process through which DMV compares the information associated with each driver’s license applicant to VoteCal to determine whether the person is registered or pre-registered to vote. If DMV determines the person is registered to vote, the person would be asked if they want to update or change their voter registration information. If DMV determines the person is not registered to vote, DMV must provide the SOS with specified voting-related information about the person, even if the voter declines the opportunity to register when asked.

Voter Registration Pre-approval. In addition to registering to vote, existing law allows an eligible 16- or 17-year old to pre-register to vote and have their registration become active at age 18. This bill authorizes the SOS, if the SOS determines adequate technology infrastructure exists, to establish a similar preliminary process for other individuals to become “pre-approved” to register or pre-register to vote, and have their registration become active at a future point in time. This bill does not specify how a voter would activate their registration, but tasks the SOS with developing related regulations. Although a person is eligible to become pre-approved only if they are advised of their inclusion on a pre-approved voter registration list, and the formal list would not be affirmatively created until the SOS makes the technology determination, even if neither of these conditions occur, the SOS would already be in possession of all the list data per the above-described NMV process proposed by this bill.

1. Related Legislation. AB 2127 (Berman) extends the operation of the NMV taskforce to January 1, 2030. AB 2127 is pending in the Senate Appropriations Committee.

SB 846 (Limon) creates an AVR system that deems certain information about a person transmitted by the DMV to the SOS as a completed affidavit of registration and requires the SOS to register the person to vote. SB 846 was held on the Senate Appropriations Committee’s suspense file.

Analysis Prepared by: Irene Ho / APPR. / (916) 319-2081

Date of Hearing: July 1, 2024

ASSEMBLY COMMITTEE ON TRANSPORTATION

Lori D. Wilson, Chair

SBPCA Bill Id:SB 299

Author:(Limón) – As Amended Ver:June 19, 2024

SENATE VOTE: Not relevant

SUBJECT: Voter registration: California New Motor Voter Program

SUMMARY:

Makes significant modifications to the California New Motor Voter (NMV) Program. Specifically, this bill:

1) Modifies the NMV program by requiring the Secretary of State (SOS) and the Department of Motor Vehicles (DMV) to jointly develop a process by which the DMV uses information from the statewide voter registration database to determine whether a DMV customer is already registered or preregistered to vote in the state. Allows the SOS to satisfy this requirement by providing a copy of the statewide voter registration database to the DMV.

2) Requires the DMV, if it is determined by the process in 1) above that a person is unregistered to vote, to provide the opportunity to register to vote to individuals who apply for, renew or change an address for a driver's license or personal identification card issued by the DMV. Requires the DMV, if it is determined by the process in 1) above that a person is registered or preregistered to provide the opportunity to update or change the person’s current voter registration or preregistration information.

3) Prohibits the DMV, if at the time of the transaction with the DMV the person provides a document that demonstrates the person is not a United States (US) citizen, from offering them the opportunity to register to vote, and prohibits the DMV from electronically providing records of that person to the SOS.

4) Permits the SOS, if the SOS determines that adequate technology infrastructure exists, to promulgate regulations to establish a list of individuals who are preapproved for voter registration. Requires the SOS to develop regulations in consultation with the DMV, county elections officials, and other interested parties that include, but are not limited to, the following:

1. Procedures for updating and maintaining the accuracy of the preapproved for voter registration list;
2. Procedures by which individuals on the preapproved for voter registration list may activate their registration; and,
3. The manner in which and method by which the DMV provides the SOS with information regarding the person’s name and address and any additional information required by the

SOS that the person submitted with their driver’s license application.

5) Defines “preapproved for registration” to mean an unregistered person during their business with the department provided documentation demonstrating US citizenship and sufficient age to register or preregister to vote, did not submit a voter registration application pursuant to section 2265 during their transaction with the DMV, and was advised that they will be put on a preapproved voter registration list and that the voter may activate their registration from that list at a future date.

EXISTING LAW:

1. Requires, pursuant to the National Voter Registration Act (NVRA), each state to offer voter registration services at motor vehicle agency offices, offices that provide public assistance, offices that provide state-funded programs primarily engaged in providing services to persons with disabilities, Armed Forces recruitment offices, and other state and local offices within the state designated as NVRA voter registration agencies. (52 United States Code (U.S.C.) 20504)
   
2. Requires the DMV to provide the opportunity to register to vote to individuals who apply for, renew or change an address for a driver's license or personal identification card issued by the DMV. (52 U.S.C. 20504)
   
3. Requires a driver's license or identification application to be used as an application for voter registration, unless the applicant fails to sign the application. (52 U.S.C. 20504)
   
4. Requires change of address information received by the DMV to be used for the purpose of updating voter registration records, unless the registrant chooses otherwise. (52 U.S.C. 20504)
   
5. Provides that a person entitled to register to vote shall be a US citizen, a resident of California, not in prison for the conviction of a felony, and at least 18 years of age at the time of the next election. (California Constitution, Article II, §2 )
   
6. Requires the SOS and the DMV to establish and implement the California NMV program for the purpose of increasing opportunities for voter registration for qualified voters. (Elections Code 2263)
7. Requires the DMV, in consultation with the SOS, 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, as specified. Prohibits the DMV 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 US is authorized under federal law. (Elections Code 2265)
8. Provides that the information transmitted to the SOS constitutes a completed affidavit of registration, and requires the SOS to register the person to vote or preregister the person to vote, unless the person affirmatively declines to be registered or preregistered to vote, the person’s records do not reflect they attested to meeting all voter eligibility or preregistration eligibility requirements, the SOS determines the person is ineligible to vote, or other specified conditions exist. (Elections Code 2267)
9. Prohibits the DMV from electronically providing records that contain a home address designated as confidential pursuant existing law. (Elections Code 2269)
   
10. Requires the SOS to adopt regulations, including regulations addressing both of the following:
    
    1. A process for canceling the registration or preregistration of a person who is ineligible to vote, but became registered or preregistered under the NVM program in the absence of any violation by that person; and,
    2. An education and outreach campaign informing voters about the NVM program that the SOS will conduct, as specified. (Elections Code 2277)
11. Requires a person’s registration, if a person who is ineligible to vote becomes registered to vote through the NMV program in the absence of willful voter registration fraud, to be presumed to have been effected with official authorization and to have not been the fault of that person. (Elections Code 2270)
    
12. Provides that if a person who is ineligible to vote becomes registered to vote through the NMV program and votes or attempts to vote in an election held after the effective date of the person’s registration, that person shall be presumed to have acted with official authorization and shall not be guilty of fraudulently voting or attempting to vote unless that person willfully votes or attempts to vote knowing that the person is not entitled to vote. (Elections Code 2271)
    
13. Requires the SOS to establish to establish a taskforce to advise the SOS and the DMV on the effective implementation of the NMV program. Requires the SOS, in consultation with the DMV and the taskforce, to annually review the effectiveness of the NMV program and draft a written report that provides information about the operation of the NMV program, as specified. (Elections Code 2275, 2276)
    

FISCAL EFFECT: Unknown

COMMENTS:

In 1993, the federal government enacted the NVRA, commonly referred to as the "motor voter" law, to make it easier for Americans to register to vote and to remain registered to vote. In addition to other methods of voter registration states offer, the NVRA requires states to provide the opportunity to apply to register to vote for federal elections through various methods. Section 5 of the NVRA requires states to offer voter registration opportunities at motor vehicle agencies. Additionally, Section 6 of the NVRA requires states to provide voter registration opportunities by mail-in application. Finally, Section 7 of the NVRA requires states to offer voter registration opportunities at all offices that provide public assistance or state-funded programs primarily engaged in providing services to persons with disabilities.

The Legislature approved and Governor Brown signed into law AB 1461 (Gonzalez), Chapter 729, Statutes of 2015, known as the NMV program, which provides automatic registration for every person who has a driver's license or state identification card and who is eligible to register to vote at the DMV, unless that person opts out. Under the NMV program, a DMV customer who attests to their eligibility and does not opt out is automatically registered to vote.

The implementation of AB 1461 was contingent upon the implementation of a federally required statewide voter registration database (known as VoteCal), the appropriation of funds from the Legislature necessary for the SOS and the DMV to implement AB 1461, and the adoption of regulations required by AB 1461. The NMV program became operative in April 2018.

According to the author, SB 299 is an opportunity to build on the existing Partial Automatic Voter Registration (AVR) system in California to further streamline voter registration. As proposed to be amended, this bill gives the Secretary of State discretionary authority, if they believe the necessary technology and infrastructure exists, to adopt regulations to generate a list of people “preapproved for registration.” This upgrade will position millions of eligible Californians to vote, bringing more people of color, young people, and formerly incarcerated people into the political process. Oregon, Alaska, Colorado, Delaware, Massachusetts, Nevada, New Mexico, Washington, Washington D.C., Michigan, and Minnesota have all already adopted versions of Secure AVR. This bill provides a path for California to join these states and to welcome 4.6 million eligible, but unregistered people, to our democratic process.”

Non-citizen filter: This bill modifies the NMV program and creates a non-citizen filter. Specifically, this bill provides that a person who provides the DMV with a document that demonstrates the person is not a US citizen will not be offered the opportunity to attest that they meet all voter eligibility requirements or offered the opportunity to register to vote. Additionally, this bill prohibits the DMV from electronically providing records of such a person to the SOS.

This new non-citizen filter may help ensure a non-citizen is not inadvertently offered the opportunity to register to vote. On the flip side, this new non-citizen filter may prevent a person whose citizenship status has changed from being offered the opportunity to vote in the future. As mentioned above, once a person has provided documentation of their legal presence in the US, that person typically is not required to provide proof of legal presence during subsequent transactions with the DMV.

Additionally, the non-citizen filter will require the DMV to determine citizenship for those individuals that will be filtered through the non-citizen filter. According to the DMV, while they take note of the authenticity of credentials presented to them, they do not determine citizenship.

Registration status filter: Under the California NMV program, an individual is asked whether they would like to register to vote during the course of their transaction at the DMV. If an individual chooses to register to vote, they are required to attest to their eligibility under penalty of perjury and subsequently answer voter registration questions, such as choosing a party preference and requesting translated voting materials.

This bill modifies this process, and creates a voter registration status filter in which an individual’s current voter registration status (registered or not registered) determines how the individual moves through the NMV program. Specifically, this bill requires the SOS and the DMV to develop a process in which the DMV compares the information associated with each person who submits a driver’s license application to voter registration information from the statewide voter registration database (VoteCal) to determine whether the person is already registered or preregistered to vote in the state. If it is determined that a person is unregistered to vote, the individual moves through the NMV program. If it is determined a person is registered to vote, the individual is asked if they would like to update or change their current voter registration information.

Delays at DMV: The DMV is currently undergoing a comprehensive modernization of its information technology (IT) systems through their Digital eXperience Platform (DXP) Project. The DXP Project will update and replace software, hardware, and programming languages for DMV’s current legacy systems. The DXP Project is a multi-year incremental technology project to replace all obsolete legacy applications and systems, including systems for occupational licensing, vehicle registration, and driver’s license and identification cards. The DXP Project will replace the current obsolete legacy applications and systems with flexible technology to meet business processes and services as well as to comply with changing legislation and new mandates in a timely manner. The DMV core systems technology architecture was designed in the late 1960s to address the business needs at the time and has reached its outer limits and any change to or expansion of functionality jeopardizes continuity of services, systems and data integrity, as well as the collection of billions of dollars.

According to DMV, challenges have caused significant delays in the completion of the DXP Project and the driver’s license modernization project is now expected to be complete in 2028. The modernization project will include the addition of functionality required by previously-enacted legislation. However, due to concerns about the potential for further delays and complications to the modernization project, DMV is no longer considering adding additional functionality to the contract for modernizing the driver’s licensing system and asking legislation that would require changes to driver’s licensing systems to delay implementation until 2030, with the changes being made to the modernized system after it is deployed in 2028.

The non-citizen and voter registration status filters proposed in this bill would affect the driver’s licensing system and consequently, it is unclear whether it is feasible for these components to be implemented before 2030.

Committee concerns: According to the Legislative Analyst Office (LAO), The Motor Vehicle Account (MVA), the primary funding source for DMV, is expected to fully exhaust its reserves and become insolvent in 2025-26. The LAO recommends the Legislature should consider MVA cost pressures when evaluating new proposals. LAO argues that “Until a plan is put in place to address MVA’s structural deficit, we recommend the Legislature set a high bar for considering approval of any proposals that create additional MVA cost pressures and accelerate the risk of insolvency.”

Related legislation: AB 2127 (Berman) of 2024 extends, from January 1, 2025 to January 1, 2030, the operation of the NMV program taskforce established by the SOS to advise the SOS and the DMV on the effective implementation of the NMV program. AB 2127 is pending in Senate Appropriations Committee.

AB 796 (Berman), Chapter 314, Statutes of 2021, codifies voter registration information transmittal requirements in the federal NVRA, as specified. AB 796 additionally codifies into state law various provisions from a legal settlement regarding the transmission of voter registration information, and requires the SOS to establish a taskforce to evaluate the California NMV program, as specified.

REGISTERED SUPPORT / OPPOSITION:

Support

None on file

Opposition

None on file

Analysis Prepared by: David Sforza / TRANS. / (916) 319-2093

Date of Hearing: June 26, 2024

ASSEMBLY COMMITTEE ON ELECTIONS

Gail Pellerin, Chair

SBPCA Bill Id:SB 299

Author:(Limón) – As Amended Ver:June 13, 2023

CORRECTED JUNE 25, 2024 10:05 AM

AS PROPOSED TO BE AMENDED

SENATE VOTE: (vote not relevant)

SUBJECT: Voter registration: California New Motor Voter Program.

SUMMARY: Makes significant modifications to the California New Motor Voter (NMV) Program. Specifically, this bill:

1. Modifies the NMV program by requiring the Secretary of State (SOS) and the Department of Motor Vehicles (DMV) to jointly develop a process by which the DMV uses information from the statewide voter registration database to determine whether a DMV customer is already registered or preregistered to vote in the state. Allows the SOS to satisfy this requirement by providing a copy of the statewide voter registration database to the DMV.
2. Requires the DMV, if it is determined by the process in 1) above that a person is unregistered to vote, to provide the opportunity to register to vote to individuals who apply for, renew or change an address for a driver's license or personal identification card issued by the DMV. Requires the DMV, if it is determined by the process in 1) above that a person is registered or preregistered to provide the opportunity to update or change the person’s current voter registration or preregistration information.
3. Prohibits the DMV, if at the time of the transaction with the DMV the person provides a document that demonstrates the person is not a United States (US) citizen, from offering them the opportunity to register to vote, and prohibits the DMV from electronically providing records of that person to the SOS.
4. Permits the SOS, if the SOS determines that adequate technology infrastructure exists, to promulgate regulations to establish a list of individuals who are preapproved for voter registration. Requires the SOS to develop regulations in consultation with the DMV, county elections officials, and other interested parties that include, but are not limited to, the following:
   1. Procedures for updating and maintaining the accuracy of the preapproved for voter registration list.
   2. Procedures by which individuals on the preapproved for voter registration list may activate their registration.
   3. The manner in which and method by which the DMV provides the SOS with information regarding the person’s name and address and any additional information required by the SOS that the person submitted with their driver’s license application.
      
5. Defines “preapproved for registration” to mean an unregistered person during their business with the department provided documentation demonstrating US citizenship and sufficient age to register or preregister to vote, did not submit a voter registration application pursuant to section 2265 during their transaction with the department, and was advised that they will be put on a preapproved voter registration list and that the voter may activate their registration from that list at a future date.

EXISTING LAW:

1. Requires, pursuant to the National Voter Registration Act (NVRA), each state to offer voter registration services at motor vehicle agency offices, offices that provide public assistance, offices that provide state-funded programs primarily engaged in providing services to persons with disabilities, Armed Forces recruitment offices, and other state and local offices within the state designated as NVRA voter registration agencies. (52 U.S.C. §20504)
   
2. Requires the DMV to provide the opportunity to register to vote to individuals who apply for, renew or change an address for a driver's license or personal identification card issued by the DMV. (52 U.S.C. §20504)
   
3. Requires a driver's license or identification application to be used as an application for voter registration, unless the applicant fails to sign the application. (52 U.S.C. §20504)
   
4. Requires change of address information received by the DMV to be used for the purpose of updating voter registration records, unless the registrant chooses otherwise. (52 U.S.C. §20504)
   
5. Provides that a person entitled to register to vote shall be a US citizen, a resident of California, not in prison for the conviction of a felony, and at least 18 years of age at the time of the next election. (California Constitution, Article II, §2 )
   
6. Requires the SOS and the DMV to establish and implement the California NMV program for the purpose of increasing opportunities for voter registration for qualified voters. (Elections Code §2263)
7. Requires the DMV, in consultation with the SOS, 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, as specified. Prohibits the DMV 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 US is authorized under federal law. (Elections Code §2265)
   
8. Provides that the information transmitted to the SOS constitutes a completed affidavit of registration, and requires the SOS to register the person to vote or preregister the person to vote, unless the person affirmatively declines to be registered or preregistered to vote, the person’s records do not reflect they attested to meeting all voter eligibility or preregistration eligibility requirements, the SOS determines the person is ineligible to vote, or other specified conditions exist. (Elections Code §2267)
9. Prohibits the DMV from electronically providing records that contain a home address designated as confidential pursuant existing law. (Elections Code §2269)
   
10. Requires the SOS to adopt regulations, including regulations addressing both of the following:
    
    1. A process for canceling the registration or preregistration of a person who is ineligible to vote, but became registered or preregistered under the NVM program in the absence of any violation by that person.
       
    2. An education and outreach campaign informing voters about the NVM program that the SOS will conduct, as specified. (Elections Code §2277)
11. Requires a person’s registration, if a person who is ineligible to vote becomes registered to vote through the NMV program in the absence of willful voter registration fraud, to be presumed to have been effected with official authorization and to have not been the fault of that person. (Elections Code §2270)
    
12. Provides that if a person who is ineligible to vote becomes registered to vote through the NMV program and votes or attempts to vote in an election held after the effective date of the person’s registration, that person shall be presumed to have acted with official authorization and shall not be guilty of fraudulently voting or attempting to vote unless that person willfully votes or attempts to vote knowing that the person is not entitled to vote. (Elections Code §2271)
    
13. Requires the SOS to establish to establish a taskforce to advise the SOS and the DMV on the effective implementation of the NMV program. Requires the SOS, in consultation with the DMV and the taskforce, to annually review the effectiveness of the NMV program and draft a written report that provides information about the operation of the NMV program, as specified. (Elections Code §§2275, 2276)
    

FISCAL EFFECT: Unknown

COMMENTS:

1. Author’s Amendments: After the committee’s deadline for pre-committee author’s amendments, and based on discussions between the author and the committee chair, the author has agreed to accept amendments that delete the prior contents of the bill and add the current provisions. As a result, prior votes and analyses are not relevant to the version of this bill that is being heard in committee today. The current version of this bill proposes policy changes that have not been heard in an Assembly or Senate policy committee during this legislative session. The analysis reflects the author’s amendments. A mock-up of the changes that these amendments propose to existing law is as follows (the exact language of the amendments is subject to change based on minor revisions suggested by the Office of Legislative Counsel that are consistent with the committee’s actions):
   
   Amend Elections Code Section 2265 as follows:
   (a) (1) The department, in consultation with the Secretary of State, shall establish a schedule and method for the department to electronically provide to the Secretary of State the records specified in this section.

(2) The department and the Secretary of State shall develop and enter into an interagency agreement specifying how the department and the Secretary of State will cooperate to fulfill the requirements of this chapter. The agreement shall be updated as necessary, and the current version of the agreement shall be published on the internet website of the Secretary of State, except those parts of the agreement for which publication would compromise security.

(b) The Secretary of State and the department shall jointly develop a process by which the department, upon obtaining a person’s full name, date of birth, driver’s license or state identification number, residence address, and mailing address if different from residence address, may use information from the statewide voter registration database to determine whether the person is already registered or preregistered to vote in the state. The Secretary of State may satisfy the requirement in this subdivision by providing a copy of the statewide voter registration database to the department on a daily basis.

(c)(1) If it is determined by subdivision (b) that the person is unregistered to vote, the department shall provide to the Secretary of State, in a manner and method to be determined by the department in consultation with the Secretary of State, the following information associated with each person who submits a driver’s license application:

(A) Name.

(B) Date of birth.

(C) Either or both of the following, as contained in the department’s records:

(i) Residence address.

(ii) Mailing address.

(D) Digitized signature, as described in Section 12950.5 of the Vehicle Code.

(E) Telephone number, if available.

(F) Email address, if available.

(G) Language preference, if available.

(H) Political party preference, if available.

(I) Whether the person chooses to become a permanent vote by mail voter, if available.

(J) Whether the person affirmatively declined to become registered or preregistered to vote during a transaction with the department.

(K) A notation that the applicant has attested that the person meets all voter eligibility requirements, including United States citizenship, specified in Section 2101 and, as applicable, the preregistration eligibility requirements in subdivision (d) of Section 2102.

(L) Other information specified in regulations implementing this chapter.

(2) If it is determined by subdivision (b) that the person is already registered or preregistered to vote, the department shall provide to the Secretary of State, in a manner and method to be determined by the department in consultation with the Secretary of State, the following information associated with each person who submits a driver’s license application and who, as part of that application, affirmatively requests to update or change the person’s voter registration or preregistration:

(A) Name.

(B) Date of birth.

(C) Either or both of the following, as contained in the department’s records:

(i) Residence address.

(ii) Mailing address.

(D) Digitized signature, as described in Section 12950.5 of the Vehicle Code.

(E) Telephone number, if available.

(F) Email address, if available.

(G) Language preference, if available.

(H) Political party preference, if available.

(I) A notation that the applicant has attested that the person meets all voter eligibility requirements, including United States citizenship, specified in Section 2101 and, as applicable, the preregistration eligibility requirements in subdivision (d) of Section 2102.

(J) Other information specified in regulations implementing this chapter.

(2) (A) A completed voter registration application included with a driver’s license application and accepted at the department shall be transmitted to the Secretary of State no later than 10 days after the department accepts it.

(B) A completed voter registration application accepted within five days of the last day to register to vote for a federal or statewide election shall be transmitted to the Secretary of State no later than five days after the date of acceptance.

(C) (i) For purposes of establishing the department’s transmittal deadlines required by this paragraph and by Section 20504(e) of Title 52 of the United States Code, the completed voter registration application included with the driver’s license application shall be deemed accepted on the date the completed voter registration application arrives at the department, whether by mail, in person, electronically, or in another manner, the application contains all of the information in paragraph (1) except to the extent paragraph (1) requires certain information to be provided only if available, and the department approves the documentation of identity submitted by the applicant that is required by the Vehicle Code for the type of license or identification card for which the applicant has applied.

(ii) This subparagraph shall become operative upon the completion of the Digital eXperience Platform project described in Item 2740-001-0044 of the Budget Act of 2021 (Chs. 21 and 69, Stats. 2021), or on July 1, 2025, whichever is earlier.

(3) (A) The department shall accept and transmit a completed voter registration application included with a driver’s license application as described in paragraph (2) even if, pursuant to the Vehicle Code, the driver’s license application is incomplete or the driver’s license or identification card associated with the voter who submitted the voter registration application is inactive due to a failure to pay fees, or any other reason that is unrelated to either of the following:

(i) The department’s approval of an applicant’s identity documentation pursuant to the Vehicle Code.

(ii) An elections official’s ability to prevent duplicate voter registrations or preregistrations, to assess the eligibility of the applicant, or to administer voter registration, preregistration, and other elections procedures.

(B) This paragraph shall become operative upon the completion of the Digital eXperience Platform project described in Item 2740-001-0044 of the Budget Act of 2021 (Chs. 21 and 69, Stats. 2021), or on July 1, 2025, whichever is earlier.

(4) (A) The department may provide the records described in paragraph (1) to the Secretary of State before the Secretary of State certifies that all of the conditions set forth in subdivision (e) of this section have been satisfied. Records provided pursuant to this paragraph shall only be used for purposes of outreach and education to eligible voters conducted by the Secretary of State.

(B) The Secretary of State shall provide materials created for purposes of outreach and education as described in this paragraph in languages other than English, as required by the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).

(5) If at the time of the transaction with the department, the person provides a document that demonstrates the person is not a United States citizen, the person shall not be offered the opportunity to attest that the person meets all voter eligibility requirements and the department shall not electronically provide records of that person to the Secretary of State.

(c) The Secretary of State shall not sell, transfer, or allow any third party access to the information acquired from the department pursuant to this chapter without approval of the department, except as permitted by this chapter and Section 2194.

(d) The department shall not electronically provide records of a person who applies for or is issued a driver’s license pursuant to Section 12801.9 of the Vehicle Code because the person is unable to submit satisfactory proof that the person’s presence in the United States is authorized under federal law.

(e) Except as provided in paragraphs (2) and (3) of subdivision (b), the department shall commence implementation of this section no later than one year after the Secretary of State certifies all of the following:

(1) The state has a statewide voter registration database that complies with the requirements of the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.).

(2) The Legislature has appropriated the funds necessary for the Secretary of State and the department to implement and maintain the California New Motor Voter Program.

(3) The regulations required by Section 2277 have been adopted.

(f) The department shall not electronically provide records pursuant to this section that contain a home address designated as confidential pursuant to Section 1808.2, 1808.4, or 1808.6 of the Vehicle Code.

(g) It is the intent of the Legislature that the department continue its best practice of sending notice to voters when there is a delay in processing completed voter registration applications. It is further the intent of the Legislature that the notices continue to provide information about alternative options for submitting a voter registration application.

Adds Section 2265.1 to the Elections Code:

1. If the Secretary of State determines that adequate technology infrastructure exists, the Secretary of State may promulgate regulations to establish a list of individuals that are preapproved for voter registration.
2. The Secretary of State shall develop regulations in consultation with the department, county elections officials, and other interested parties that include, but shall not be limited to, the following:
   1. Procedures for updating and maintaining accuracy of the preapproved for voter registration list.
   2. Establish procedures by which individuals on the preapproved for voter registration list may activate their registration.
   3. Develop the manner and method that the department shall provide the Secretary of State information regarding the person’s name and address and any additional information required by the Secretary of State, for voter registration purposes that person submitted with their driver’s license application.
      
3. “Preapproved for registration” means an unregistered person during their business with the department provided documentation demonstrating United States citizenship and sufficient age to register or preregister to vote, did not submit a voter registration application pursuant to section 2265 during their transaction with the department, and was advised that they will be put on a preapproved voter registration list and that the voter may activate their registration from that list at a future date.
4. Purpose of the Bill: According to the author:

SB 299 is an opportunity to build on the existing Partial Automatic Voter Registration (AVR) system in California to further streamline voter registration. As proposed to be amended, this bill gives the Secretary of State discretionary authority, if they believe the necessary technology and infrastructure exists, to adopt regulations to generate a list of people “preapproved for registration.” This upgrade will position millions of eligible Californians to vote, bringing more people of color, young people, and formerly incarcerated people into the political process. Oregon, Alaska, Colorado, Delaware, Massachusetts, Nevada, New Mexico, Washington, Washington D.C., Michigan, and Minnesota have all already adopted versions of Secure AVR. This bill provides a path for California to join these states and to welcome 4.6 million eligible, but unregistered people, to our democratic process.

1. National Voter Registration Act: In 1993, the federal government enacted the NVRA, commonly referred to as the "motor voter" law, to make it easier for Americans to register to vote and to remain registered to vote. In addition to other methods of voter registration states offer, the NVRA requires states to provide the opportunity to apply to register to vote for federal elections through various methods. Section 5 of the NVRA requires states to offer voter registration opportunities at motor vehicle agencies. Additionally, Section 6 of the NVRA requires states to provide voter registration opportunities by mail-in application. Finally, Section 7 of the NVRA requires states to offer voter registration opportunities at all offices that provide public assistance or state-funded programs primarily engaged in providing services to persons with disabilities.
   
2. California New Motor Voter Program: As mentioned above, the NVRA requires states to provide individuals with the opportunity to register to vote at the same time that they apply for or renew a driver’s license at the DMV. One of the provisions of the NVRA prohibits the voter registration portion of a driver’s license application from requiring any information that duplicates information required in the driver’s license portion of the form, other than a second signature or a statement attesting to the person's eligibility to register to vote.

In the years following the enactment of the NVRA, California was not fully in compliance with the NVRA's prohibition on requiring duplicate information. Rather, a separate voter registration form was attached to the driver's license form, which required the affiant to fill in duplicate information. This dual form policy was the result of a settlement in a lawsuit to force the State of California to comply with NVRA when former Governor Pete Wilson refused to implement it unless federal funding was provided (NVRA did not provide the states with any direct funding or any mechanism for reimbursement of costs associated with implementation).

In 2015, a non-compliance letter was sent to the SOS from the ACLU Foundation of San Diego and Imperial Counties, Dēmos, Morrison & Forester LLP, and Project Vote stating that California is engaging in continuous and ongoing violations of the NVRA due to the state’s dual form policy. The letter also stated that it constituted a formal notice of the senders’ intent to initiate litigation at the end of the statutory 90-day waiting period should California fail to remedy the violations of the NVRA, as specified.

In part as a response to the non-compliance letter, the Legislature approved and Governor Brown signed into law AB 1461 (Gonzalez), Chapter 729, Statutes of 2015, known as the NMV program, which provides automatic registration for every person who has a driver's license or state identification card and who is eligible to register to vote at the DMV, unless that person opts out. Under the NMV program, a DMV customer who attests to their eligibility and does not opt out is automatically registered to vote. The implementation of AB 1461 was contingent upon the implementation of a federally required statewide voter registration database (known as VoteCal), the appropriation of funds from the Legislature necessary for the SOS and the DMV to implement AB 1461, and the adoption of regulations required by AB 1461. The NMV program became operative in April 2018.

There continued to be challenges with modernizing the voter registration process at the DMV and with bringing California in compliance with the NVRA. Consequently, a lawsuit was filed, League of Women Voters v. Annis, which was settled in 2018. According to court documents, violations to the initial settlement agreement led to delays in registrations for thousands of voters. Consequently, the settlement agreement was updated in February 2019 and extended to 2020 and new terms were added. The settlement agreement was extended in 2021 and expired in early 2022.

1. New Motor Voter Program Taskforce and Previous Legislation: Because the settlement terms were instrumental in identifying and addressing non-compliance with the NVRA and improving the functionality of the NMV program, AB 796 (Berman), Chapter 314, Statutes of 2021, was signed into law in advance of the settlement’s expiration. Many of the best practices regarding the transmission of voter registration information from the settlement were codified into state law by AB 796. Additionally, AB 796 required the SOS to establish a taskforce to evaluate the effectiveness of the NMV program.
2. New Motor Voter Program Report: Among other requirements, AB 796 requires the SOS, in consultation with the DMV and the NMV taskforce, to annually review the effectiveness of the NMV program and draft a written report. Existing law requires the written report, at a minimum, to include information about trends of voters registering through the NMV program, an analysis of the timeliness of the DMV’s transmittals (completed voter registrations and delay notices sent to customers) to the SOS for the preceding year, and a summary of any significant errors or delays during the preceding year and how those incidents were resolved.

Last year, the SOS, DMV, and the NMV taskforce released the first annual report for the California NMV program, which highlights statistics for the NMV program throughout the year. Notably, between its launch in April 2018 and December 2023, more than 24 million new or updated voter registrations have resulted from the program. In 2022 there were a total of 4,980,682 registrations from the three methods, of which the NMV program accounted for 3,995,152 (80%), followed by paper at 547,816 (11%), and California online voter registration at 437,714 (9%). Of the registrations completed through the NMV program in 2022, updated registrations accounted for 79%, new registrations accounted for 18%, and new pre-registrations accounted for 3%.

1. Documentation: Except for individuals who receive driver's licenses pursuant to AB 60, as described below, every applicant in California for a state identification card or driver’s license is required to provide proof of legal presence in the US. In order for a person to prove legal presence, an applicant is required to provide the original or a certified copy of one of over 20 different documents to the DMV. Of those documents, some (such as a US passport) are documents that are available only to citizens, while others (such as a permanent resident card) would be issued only to individuals who were not citizens at the time the document is issued. Other acceptable documents (such as a US military identification card) could be issued to citizens or non-citizens. According to the DMV, DMV records contain information about the document that individuals used to establish legal presence in the country.

Once a person has provided documentation of their legal presence in the US, that person typically is not required to provide proof of legal presence again during subsequent transactions with the DMV. As a result, it is plausible for a person's citizenship status to change and for the DMV to have no record. For example, if a person used a permanent resident card to prove their legal presence when obtaining a driver's license, then subsequently became a citizen of the US, it is unlikely that the DMV would have any information to indicate that the person had become a citizen. When that person renews their driver's license, the DMV already has documented proof of that person's legal presence from the initial transaction. As a result, the DMV typically would not request the person to provide proof of legal presence again, so it is unlikely that the DMV would ever receive information about the change in the person's citizenship status.

1. Non-Citizen Filter: This bill significantly modifies the NMV program and creates a non-citizen filter. Specifically, this bill provides that a person who provides the DMV with a document that demonstrates the person is not a US citizen will not be offered the opportunity to attest that they meet all voter eligibility requirements or offered the opportunity to register to vote. Additionally, this bill prohibits the DMV from electronically providing records of such a person to the SOS.
   
   This new non-citizen filer may help ensure a non-citizen is not inadvertently offered the opportunity to register to vote. On the flip side, this new non-citizen filter may prevent a person whose citizenship status has changed from being offered the opportunity to vote in the future. As mentioned above, once a person has provided documentation of their legal presence in the US, that person typically is not required to provide proof of legal presence during subsequent transactions with the DMV.
   
   Additionally, the non-citizen filter will require the DMV to determine citizenship for those individuals that will be filtered through the non-citizen filter. According to the DMV, while they take note of the authenticity of credentials presented to them, they do not determine citizenship.
2. Registration Status Filter: Under the California NMV program, an individual is asked whether they would like to register to vote during the course of their transaction at the DMV. If an individual chooses to register to vote, they are required to attest to their eligibility under penalty of perjury and subsequently answer voter registration questions, such as choosing a party preference and requesting translated voting materials.
   
   This bill modifies this process, and creates a voter registration status filter in which an individual’s current voter registration status (registered or not registered) determines how the individual moves through the NMV program. Specifically, this bill requires the SOS and the DMV to develop a process in which the DMV compares the information associated with each person who submits a driver’s license application to voter registration information from the statewide voter registration database (VoteCal) to determine whether the person is already registered or preregistered to vote in the state. If it is determined that a person is unregistered to vote, the individual moves through the NMV program. If it is determined a person is registered to vote, the individual is asked if they would like to update or change their current voter registration information.
   
3. Delays at DMV: The DMV is currently undergoing a comprehensive modernization of its information technology (IT) systems through their Digital eXperience Platform (DXP) Project. The DXP Project will update and replace software, hardware, and programming languages for DMV’s current legacy systems. The DXP Project is a multi-year incremental technology project to replace all obsolete legacy applications and systems, including systems for occupational licensing, vehicle registration, and driver’s license and identification cards. The DXP Project will replace the current obsolete legacy applications and systems with flexible technology to meet business processes and services as well as to comply with changing legislation and new mandates in a timely manner. The DMV core systems technology architecture was designed in the late 1960s to address the business needs at the time and has reached its outer limits and any change to or expansion of functionality jeopardizes continuity of services, systems and data integrity, as well as the collection of billions of dollars.

According to DMV, challenges have caused significant delays in the completion of the DXP Project and the driver’s license modernization project is now expected to be complete in 2028. The modernization project will include the addition of functionality required by previously-enacted legislation. However, due to concerns about the potential for further delays and complications to the modernization project, DMV is no longer considering adding additional functionality to the contract for modernizing the driver’s licensing system and asking legislation that would require changes to driver’s licensing systems to delay implementation until 2030, with the changes being made to the modernized system after it is deployed in 2028.

The non-citizen and voter registration status filters proposed in this bill would affect the driver’s licensing system and consequently, it is unclear whether it is feasible for these components to be implemented before 2030.

1. Preapproved for Registration: This bill authorizes the SOS, if the SOS determines that adequate technology infrastructure exists, to promulgate regulations to establish a list of individuals that are preapproved for voter registration. Additionally, this bill requires the SOS to develop regulations that include, among other things, procedures for updating and maintaining the accuracy of the preapproved for voter registration list and procedures that describe how a person on the preapproved list may activate their registration. Under this bill, a person is placed on the preapproved registration list when they, during their transaction with the DMV, provide citizenship documents, are sufficient age to register or preregister to vote, did not submit a voter registration application pursuant during their transaction with the DMV, and was advised that they will be put on a preapproved voter registration list and that the voter may activate their registration from that list at a future date.
   
   Currently in California, an individual is either actively registered to vote, preregistered to vote, or on the inactive voter file. The preapproved registration list proposed by this bill would be new to California. This bill, however, does not provide any detail as to how a voter would activate their registration and move off of the preapproved registration list. While the bill seems to address this question by requiring the SOS to develop regulations that include procedures for this process, the committee may wish to consider whether the Legislature should have the authority to determine how a person moves from the preapproved registration list to the active registration list instead of granting that authority to the SOS.
   
2. California’s Voter Registration Statistics: According to the SOS’s March 5, 2024 registration report, of California’s estimated 26.63 million eligible voters, more than 22.01 million are registered voters, which means that over 82% of eligible voters are registered to vote.
   
3. AB 60 Licensees: AB 60 (Alejo), Chapter 524, Statutes of 2013, requires the DMV to issue an original driver’s license to an applicant who is unable to submit satisfactory proof of legal presence in the US. Driver’s license applicants under AB 60 must meet all other qualifications for licensure and must provide satisfactory proof of identity and California residency. The DMV began accepting applications for licenses under AB 60 on January 2, 2015.

Because the AB 60 licensing process was specifically established for individuals who are unable to submit satisfactory proof of legal presence in the US, the NMV program expressly prohibits the DMV from transmitting information to the SOS about individuals who applied for or received a driver’s license pursuant to AB 60.

1. Recent Amendments: The June 19, 2024, version of this bill proposed to create a back-end automated voter registration system for registering voters via the NMV program at the DMV, as specified. The amendments being considered in committee today delete the bill’s prior contents and add the provisions outlined above. As a result, prior position letters are not relevant. Accordingly, this committee analysis does not reflect position letters submitted to the committee that relate to the prior version of the bill.
2. Related Legislation: AB 2127 (Berman) extends, from January 1, 2025 to January 1, 2030, the operation of the NMV program taskforce established by the SOS to advise the SOS and the DMV on the effective implementation of the NMV program. AB 2127 passed out of this committee on a 6-1 vote and passed the Assembly floor on a 59-7 vote. AB 2127 is pending in Senate Transportation Committee.
3. Previous Legislation: AB 796 (Berman), Chapter 314, Statutes of 2021, codifies voter registration information transmittal requirements in the federal NVRA, as specified. AB 796 additionally codifies into state law various provisions from a legal settlement regarding the transmission of voter registration information, and requires the SOS to establish a taskforce to evaluate the California NMV program, as specified.
4. Double Referral: This bill has been double-referred to the Assembly Transportation Committee.

REGISTERED SUPPORT / OPPOSITION:

Support

None on file.

Opposition

None on file.

Analysis Prepared by: Nichole Becker / ELECTIONS / (916) 319-2094

Date of Hearing: June 26, 2024

ASSEMBLY COMMITTEE ON ELECTIONS

Gail Pellerin, Chair

SBPCA Bill Id:SB 299

Author:(Limón) – As Amended Ver:June 13, 2023

AS PROPOSED TO BE AMENDED

SENATE VOTE: (vote not relevant)

SUBJECT: Voter registration: California New Motor Voter Program.

SUMMARY: Makes significant modifications to the California New Motor Voter (NMV) Program. Specifically, this bill:

1. Modifies the NMV program by requiring the Secretary of State (SOS) and the Department of Motor Vehicles (DMV) to jointly develop a process by which the DMV uses information from the statewide voter registration database to determine whether a DMV customer is already registered or preregistered to vote in the state. Allows the SOS to satisfy this requirement by providing a copy of the statewide voter registration database to the DMV.
2. Requires the DMV, if it is determined by the process in 1) above that a person is unregistered to vote, to provide the opportunity to register to vote to individuals who apply for, renew or change an address for a driver's license or personal identification card issued by the DMV. Requires the DMV, if it is determined by the process in 1) above that a person is registered or preregistered to provide the opportunity to update or change the person’s current voter registration or preregistration information.
3. Prohibits the DMV, if at the time of the transaction with the DMV the person provides a document that demonstrates the person is not a United States (US) citizen, from offering them the opportunity to register to vote, and prohibits the DMV from electronically providing records of that person to the SOS.
4. Permits the SOS, if the SOS determines that adequate technology infrastructure exists, to promulgate regulations to establish a list of individuals who are preapproved for voter registration. Requires the SOS to develop regulations in consultation with the DMV, county elections officials, and other interested parties that include, but are not limited to, the following:
   1. Procedures for updating and maintaining the accuracy of the preapproved for voter registration list.
   2. Procedures by which individuals on the preapproved for voter registration list may activate their registration.
   3. The manner in which and method by which the DMV provides the SOS with information regarding the person’s name and address and any additional information required by the SOS that the person submitted with their driver’s license application.
      
5. Defines “preapproved for registration” to mean an unregistered person who, during their business with the DMV, provided documentation demonstrating US citizenship, notated that they attest that they meet all voter eligibility requirements or preregistration eligibility requirements, as applicable, and affirmatively declined to become registered or preregistered to vote during a transaction with the department.

EXISTING LAW:

1. Requires, pursuant to the National Voter Registration Act (NVRA), each state to offer voter registration services at motor vehicle agency offices, offices that provide public assistance, offices that provide state-funded programs primarily engaged in providing services to persons with disabilities, Armed Forces recruitment offices, and other state and local offices within the state designated as NVRA voter registration agencies. (52 U.S.C. §20504)
   
2. Requires the DMV to provide the opportunity to register to vote to individuals who apply for, renew or change an address for a driver's license or personal identification card issued by the DMV. (52 U.S.C. §20504)
   
3. Requires a driver's license or identification application to be used as an application for voter registration, unless the applicant fails to sign the application. (52 U.S.C. §20504)
   
4. Requires change of address information received by the DMV to be used for the purpose of updating voter registration records, unless the registrant chooses otherwise. (52 U.S.C. §20504)
   
5. Provides that a person entitled to register to vote shall be a US citizen, a resident of California, not in prison for the conviction of a felony, and at least 18 years of age at the time of the next election. (California Constitution, Article II, §2 )
   
6. Requires the SOS and the DMV to establish and implement the California NMV program for the purpose of increasing opportunities for voter registration for qualified voters. (Elections Code §2263)
7. Requires the DMV, in consultation with the SOS, 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, as specified. Prohibits the DMV 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 US is authorized under federal law. (Elections Code §2265)
   
8. Provides that the information transmitted to the SOS constitutes a completed affidavit of registration, and requires the SOS to register the person to vote or preregister the person to vote, unless the person affirmatively declines to be registered or preregistered to vote, the person’s records do not reflect they attested to meeting all voter eligibility or preregistration eligibility requirements, the SOS determines the person is ineligible to vote, or other specified conditions exist. (Elections Code §2267)
9. Prohibits the DMV from electronically providing records that contain a home address designated as confidential pursuant existing law. (Elections Code §2269)
   
10. Requires the SOS to adopt regulations, including regulations addressing both of the following:
    
    1. A process for canceling the registration or preregistration of a person who is ineligible to vote, but became registered or preregistered under the NVM program in the absence of any violation by that person.
       
    2. An education and outreach campaign informing voters about the NVM program that the SOS will conduct, as specified. (Elections Code §2277)
11. Requires a person’s registration, if a person who is ineligible to vote becomes registered to vote through the NMV program in the absence of willful voter registration fraud, to be presumed to have been effected with official authorization and to have not been the fault of that person. (Elections Code §2270)
    
12. Provides that if a person who is ineligible to vote becomes registered to vote through the NMV program and votes or attempts to vote in an election held after the effective date of the person’s registration, that person shall be presumed to have acted with official authorization and shall not be guilty of fraudulently voting or attempting to vote unless that person willfully votes or attempts to vote knowing that the person is not entitled to vote. (Elections Code §2271)
    
13. Requires the SOS to establish to establish a taskforce to advise the SOS and the DMV on the effective implementation of the NMV program. Requires the SOS, in consultation with the DMV and the taskforce, to annually review the effectiveness of the NMV program and draft a written report that provides information about the operation of the NMV program, as specified. (Elections Code §§2275, 2276)
    

FISCAL EFFECT: Unknown

COMMENTS:

1. Author’s Amendments: After the committee’s deadline for pre-committee author’s amendments, and based on discussions between the author and the committee chair, the author has agreed to accept amendments that delete the prior contents of the bill and add the current provisions. As a result, prior votes and analyses are not relevant to the version of this bill that is being heard in committee today. The current version of this bill proposes policy changes that have not been heard in an Assembly or Senate policy committee during this legislative session. The analysis reflects the author’s amendments. A mock-up of the changes that these amendments propose to existing law is as follows (the exact language of the amendments is subject to change based on minor revisions suggested by the Office of Legislative Counsel that are consistent with the committee’s actions):
   
   Amend Elections Code Section 2265 as follows:
   (a) (1) The department, in consultation with the Secretary of State, shall establish a schedule and method for the department to electronically provide to the Secretary of State the records specified in this section.

(2) The department and the Secretary of State shall develop and enter into an interagency agreement specifying how the department and the Secretary of State will cooperate to fulfill the requirements of this chapter. The agreement shall be updated as necessary, and the current version of the agreement shall be published on the internet website of the Secretary of State, except those parts of the agreement for which publication would compromise security.

(b) The Secretary of State and the department shall jointly develop a process by which the department, upon obtaining a person’s full name, date of birth, driver’s license or state identification number, residence address, and mailing address if different from residence address, may use information from the statewide voter registration database to determine whether the person is already registered or preregistered to vote in the state. The Secretary of State may satisfy the requirement in this subdivision by providing a copy of the statewide voter registration database to the department on a daily basis.

(c)(1) If it is determined by subdivision (b) that the person is unregistered to vote, the department shall provide to the Secretary of State, in a manner and method to be determined by the department in consultation with the Secretary of State, the following information associated with each person who submits a driver’s license application:

(A) Name.

(B) Date of birth.

(C) Either or both of the following, as contained in the department’s records:

(i) Residence address.

(ii) Mailing address.

(D) Digitized signature, as described in Section 12950.5 of the Vehicle Code.

(E) Telephone number, if available.

(F) Email address, if available.

(G) Language preference, if available.

(H) Political party preference, if available.

(I) Whether the person chooses to become a permanent vote by mail voter, if available.

(J) Whether the person affirmatively declined to become registered or preregistered to vote during a transaction with the department.

(K) A notation that the applicant has attested that the person meets all voter eligibility requirements, including United States citizenship, specified in Section 2101 and, as applicable, the preregistration eligibility requirements in subdivision (d) of Section 2102.

(L) Other information specified in regulations implementing this chapter.

(2) If it is determined by subdivision (b) that the person is already registered or preregistered to vote, the department shall provide to the Secretary of State, in a manner and method to be determined by the department in consultation with the Secretary of State, the following information associated with each person who submits a driver’s license application and who, as part of that application, affirmatively requests to update or change the person’s voter registration or preregistration:

(A) Name.

(B) Date of birth.

(C) Either or both of the following, as contained in the department’s records:

(i) Residence address.

(ii) Mailing address.

(D) Digitized signature, as described in Section 12950.5 of the Vehicle Code.

(E) Telephone number, if available.

(F) Email address, if available.

(G) Language preference, if available.

(H) Political party preference, if available.

(I) A notation that the applicant has attested that the person meets all voter eligibility requirements, including United States citizenship, specified in Section 2101 and, as applicable, the preregistration eligibility requirements in subdivision (d) of Section 2102.

(J) Other information specified in regulations implementing this chapter.

(2) (A) A completed voter registration application included with a driver’s license application and accepted at the department shall be transmitted to the Secretary of State no later than 10 days after the department accepts it.

(B) A completed voter registration application accepted within five days of the last day to register to vote for a federal or statewide election shall be transmitted to the Secretary of State no later than five days after the date of acceptance.

(C) (i) For purposes of establishing the department’s transmittal deadlines required by this paragraph and by Section 20504(e) of Title 52 of the United States Code, the completed voter registration application included with the driver’s license application shall be deemed accepted on the date the completed voter registration application arrives at the department, whether by mail, in person, electronically, or in another manner, the application contains all of the information in paragraph (1) except to the extent paragraph (1) requires certain information to be provided only if available, and the department approves the documentation of identity submitted by the applicant that is required by the Vehicle Code for the type of license or identification card for which the applicant has applied.

(ii) This subparagraph shall become operative upon the completion of the Digital eXperience Platform project described in Item 2740-001-0044 of the Budget Act of 2021 (Chs. 21 and 69, Stats. 2021), or on July 1, 2025, whichever is earlier.

(3) (A) The department shall accept and transmit a completed voter registration application included with a driver’s license application as described in paragraph (2) even if, pursuant to the Vehicle Code, the driver’s license application is incomplete or the driver’s license or identification card associated with the voter who submitted the voter registration application is inactive due to a failure to pay fees, or any other reason that is unrelated to either of the following:

(i) The department’s approval of an applicant’s identity documentation pursuant to the Vehicle Code.

(ii) An elections official’s ability to prevent duplicate voter registrations or preregistrations, to assess the eligibility of the applicant, or to administer voter registration, preregistration, and other elections procedures.

(B) This paragraph shall become operative upon the completion of the Digital eXperience Platform project described in Item 2740-001-0044 of the Budget Act of 2021 (Chs. 21 and 69, Stats. 2021), or on July 1, 2025, whichever is earlier.

(4) (A) The department may provide the records described in paragraph (1) to the Secretary of State before the Secretary of State certifies that all of the conditions set forth in subdivision (e) of this section have been satisfied. Records provided pursuant to this paragraph shall only be used for purposes of outreach and education to eligible voters conducted by the Secretary of State.

(B) The Secretary of State shall provide materials created for purposes of outreach and education as described in this paragraph in languages other than English, as required by the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).

(5) If at the time of the transaction with the department, the person provides a document that demonstrates the person is not a United States citizen, the person shall not be offered the opportunity to attest that the person meets all voter eligibility requirements and the department shall not electronically provide records of that person to the Secretary of State.

(c) The Secretary of State shall not sell, transfer, or allow any third party access to the information acquired from the department pursuant to this chapter without approval of the department, except as permitted by this chapter and Section 2194.

(d) The department shall not electronically provide records of a person who applies for or is issued a driver’s license pursuant to Section 12801.9 of the Vehicle Code because the person is unable to submit satisfactory proof that the person’s presence in the United States is authorized under federal law.

(e) Except as provided in paragraphs (2) and (3) of subdivision (b), the department shall commence implementation of this section no later than one year after the Secretary of State certifies all of the following:

(1) The state has a statewide voter registration database that complies with the requirements of the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.).

(2) The Legislature has appropriated the funds necessary for the Secretary of State and the department to implement and maintain the California New Motor Voter Program.

(3) The regulations required by Section 2277 have been adopted.

(f) The department shall not electronically provide records pursuant to this section that contain a home address designated as confidential pursuant to Section 1808.2, 1808.4, or 1808.6 of the Vehicle Code.

(g) It is the intent of the Legislature that the department continue its best practice of sending notice to voters when there is a delay in processing completed voter registration applications. It is further the intent of the Legislature that the notices continue to provide information about alternative options for submitting a voter registration application.

Adds Section 2265.1 to the Elections Code:

1. If the Secretary of State determines that adequate technology infrastructure exists, the Secretary of State may promulgate regulations to establish a list of individuals that are preapproved for voter registration.
2. The Secretary of State shall develop regulations in consultation with the department, county elections officials, and other interested parties that include, but shall not be limited to, the following:
   1. Procedures for updating and maintaining accuracy of the preapproved for voter registration list.
   2. Establish procedures by which individuals on the preapproved for voter registration list may activate their registration.
   3. Develop the manner and method that the department shall provide the Secretary of State information regarding the person’s name and address and any additional information required by the Secretary of State, for voter registration purposes that person submitted with their driver’s license application.
      
3. “Preapproved for registration” means an unregistered person during their business with the department provided documentation demonstrating United States citizenship and sufficient age to register or preregister to vote, did not submit a voter registration application pursuant to section 2265 during their transaction with the department, and was advised that they will be put on a preapproved voter registration list and that the voter may activate their registration from that list at a future date.
4. Purpose of the Bill: According to the author:

SB 299 is an opportunity to build on the existing Partial Automatic Voter Registration (AVR) system in California to further streamline voter registration. As proposed to be amended, this bill gives the Secretary of State discretionary authority, if they believe the necessary technology and infrastructure exists, to adopt regulations to generate a list of people “preapproved for registration.” This upgrade will position millions of eligible Californians to vote, bringing more people of color, young people, and formerly incarcerated people into the political process. Oregon, Alaska, Colorado, Delaware, Massachusetts, Nevada, New Mexico, Washington, Washington D.C., Michigan, and Minnesota have all already adopted versions of Secure AVR. This bill provides a path for California to join these states and to welcome 4.6 million eligible, but unregistered people, to our democratic process.

1. National Voter Registration Act: In 1993, the federal government enacted the NVRA, commonly referred to as the "motor voter" law, to make it easier for Americans to register to vote and to remain registered to vote. In addition to other methods of voter registration states offer, the NVRA requires states to provide the opportunity to apply to register to vote for federal elections through various methods. Section 5 of the NVRA requires states to offer voter registration opportunities at motor vehicle agencies. Additionally, Section 6 of the NVRA requires states to provide voter registration opportunities by mail-in application. Finally, Section 7 of the NVRA requires states to offer voter registration opportunities at all offices that provide public assistance or state-funded programs primarily engaged in providing services to persons with disabilities.
   
2. California New Motor Voter Program: As mentioned above, the NVRA requires states to provide individuals with the opportunity to register to vote at the same time that they apply for or renew a driver’s license at the DMV. One of the provisions of the NVRA prohibits the voter registration portion of a driver’s license application from requiring any information that duplicates information required in the driver’s license portion of the form, other than a second signature or a statement attesting to the person's eligibility to register to vote.

In the years following the enactment of the NVRA, California was not fully in compliance with the NVRA's prohibition on requiring duplicate information. Rather, a separate voter registration form was attached to the driver's license form, which required the affiant to fill in duplicate information. This dual form policy was the result of a settlement in a lawsuit to force the State of California to comply with NVRA when former Governor Pete Wilson refused to implement it unless federal funding was provided (NVRA did not provide the states with any direct funding or any mechanism for reimbursement of costs associated with implementation).

In 2015, a non-compliance letter was sent to the SOS from the ACLU Foundation of San Diego and Imperial Counties, Dēmos, Morrison & Forester LLP, and Project Vote stating that California is engaging in continuous and ongoing violations of the NVRA due to the state’s dual form policy. The letter also stated that it constituted a formal notice of the senders’ intent to initiate litigation at the end of the statutory 90-day waiting period should California fail to remedy the violations of the NVRA, as specified.

In part as a response to the non-compliance letter, the Legislature approved and Governor Brown signed into law AB 1461 (Gonzalez), Chapter 729, Statutes of 2015, known as the NMV program, which provides automatic registration for every person who has a driver's license or state identification card and who is eligible to register to vote at the DMV, unless that person opts out. Under the NMV program, a DMV customer who attests to their eligibility and does not opt out is automatically registered to vote. The implementation of AB 1461 was contingent upon the implementation of a federally required statewide voter registration database (known as VoteCal), the appropriation of funds from the Legislature necessary for the SOS and the DMV to implement AB 1461, and the adoption of regulations required by AB 1461. The NMV program became operative in April 2018.

There continued to be challenges with modernizing the voter registration process at the DMV and with bringing California in compliance with the NVRA. Consequently, a lawsuit was filed, League of Women Voters v. Annis, which was settled in 2018. According to court documents, violations to the initial settlement agreement led to delays in registrations for thousands of voters. Consequently, the settlement agreement was updated in February 2019 and extended to 2020 and new terms were added. The settlement agreement was extended in 2021 and expired in early 2022.

1. New Motor Voter Program Taskforce and Previous Legislation: Because the settlement terms were instrumental in identifying and addressing non-compliance with the NVRA and improving the functionality of the NMV program, AB 796 (Berman), Chapter 314, Statutes of 2021, was signed into law in advance of the settlement’s expiration. Many of the best practices regarding the transmission of voter registration information from the settlement were codified into state law by AB 796. Additionally, AB 796 required the SOS to establish a taskforce to evaluate the effectiveness of the NMV program.
2. New Motor Voter Program Report: Among other requirements, AB 796 requires the SOS, in consultation with the DMV and the NMV taskforce, to annually review the effectiveness of the NMV program and draft a written report. Existing law requires the written report, at a minimum, to include information about trends of voters registering through the NMV program, an analysis of the timeliness of the DMV’s transmittals (completed voter registrations and delay notices sent to customers) to the SOS for the preceding year, and a summary of any significant errors or delays during the preceding year and how those incidents were resolved.

Last year, the SOS, DMV, and the NMV taskforce released the first annual report for the California NMV program, which highlights statistics for the NMV program throughout the year. Notably, between its launch in April 2018 and December 2023, more than 24 million new or updated voter registrations have resulted from the program. In 2022 there were a total of 4,980,682 registrations from the three methods, of which the NMV program accounted for 3,995,152 (80%), followed by paper at 547,816 (11%), and California online voter registration at 437,714 (9%). Of the registrations completed through the NMV program in 2022, updated registrations accounted for 79%, new registrations accounted for 18%, and new pre-registrations accounted for 3%.

1. Documentation: Except for individuals who receive driver's licenses pursuant to AB 60, as described below, every applicant in California for a state identification card or driver’s license is required to provide proof of legal presence in the US. In order for a person to prove legal presence, an applicant is required to provide the original or a certified copy of one of over 20 different documents to the DMV. Of those documents, some (such as a US passport) are documents that are available only to citizens, while others (such as a permanent resident card) would be issued only to individuals who were not citizens at the time the document is issued. Other acceptable documents (such as a US military identification card) could be issued to citizens or non-citizens. According to the DMV, DMV records contain information about the document that individuals used to establish legal presence in the country.

Once a person has provided documentation of their legal presence in the US, that person typically is not required to provide proof of legal presence again during subsequent transactions with the DMV. As a result, it is plausible for a person's citizenship status to change and for the DMV to have no record. For example, if a person used a permanent resident card to prove their legal presence when obtaining a driver's license, then subsequently became a citizen of the US, it is unlikely that the DMV would have any information to indicate that the person had become a citizen. When that person renews their driver's license, the DMV already has documented proof of that person's legal presence from the initial transaction. As a result, the DMV typically would not request the person to provide proof of legal presence again, so it is unlikely that the DMV would ever receive information about the change in the person's citizenship status.

1. Non-Citizen Filter: This bill significantly modifies the NMV program and creates a non-citizen filter. Specifically, this bill provides that a person who provides the DMV with a document that demonstrates the person is not a US citizen will not be offered the opportunity to attest that they meet all voter eligibility requirements or offered the opportunity to register to vote. Additionally, this bill prohibits the DMV from electronically providing records of such a person to the SOS.
   
   This new non-citizen filer may help ensure a non-citizen is not inadvertently offered the opportunity to register to vote. On the flip side, this new non-citizen filter may prevent a person whose citizenship status has changed from being offered the opportunity to vote in the future. As mentioned above, once a person has provided documentation of their legal presence in the US, that person typically is not required to provide proof of legal presence during subsequent transactions with the DMV.
   
   Additionally, the non-citizen filter will require the DMV to determine citizenship for those individuals that will be filtered through the non-citizen filter. According to the DMV, while they take note of the authenticity of credentials presented to them, they do not determine citizenship.
2. Registration Status Filter: Under the California NMV program, an individual is asked whether they would like to register to vote during the course of their transaction at the DMV. If an individual chooses to register to vote, they are required to attest to their eligibility under penalty of perjury and subsequently answer voter registration questions, such as choosing a party preference and requesting translated voting materials.
   
   This bill modifies this process, and creates a voter registration status filter in which an individual’s current voter registration status (registered or not registered) determines how the individual moves through the NMV program. Specifically, this bill requires the SOS and the DMV to develop a process in which the DMV compares the information associated with each person who submits a driver’s license application to voter registration information from the statewide voter registration database (VoteCal) to determine whether the person is already registered or preregistered to vote in the state. If it is determined that a person is unregistered to vote, the individual moves through the NMV program. If it is determined a person is registered to vote, the individual is asked if they would like to update or change their current voter registration information.
   
3. Delays at DMV: The DMV is currently undergoing a comprehensive modernization of its information technology (IT) systems through their Digital eXperience Platform (DXP) Project. The DXP Project will update and replace software, hardware, and programming languages for DMV’s current legacy systems. The DXP Project is a multi-year incremental technology project to replace all obsolete legacy applications and systems, including systems for occupational licensing, vehicle registration, and driver’s license and identification cards. The DXP Project will replace the current obsolete legacy applications and systems with flexible technology to meet business processes and services as well as to comply with changing legislation and new mandates in a timely manner. The DMV core systems technology architecture was designed in the late 1960s to address the business needs at the time and has reached its outer limits and any change to or expansion of functionality jeopardizes continuity of services, systems and data integrity, as well as the collection of billions of dollars.

According to DMV, challenges have caused significant delays in the completion of the DXP Project and the driver’s license modernization project is now expected to be complete in 2028. The modernization project will include the addition of functionality required by previously-enacted legislation. However, due to concerns about the potential for further delays and complications to the modernization project, DMV is no longer considering adding additional functionality to the contract for modernizing the driver’s licensing system and asking legislation that would require changes to driver’s licensing systems to delay implementation until 2030, with the changes being made to the modernized system after it is deployed in 2028.

The non-citizen and voter registration status filters proposed in this bill would affect the driver’s licensing system and consequently, it is unclear whether it is feasible for these components to be implemented before 2030.

1. Preapproved for Registration: This bill authorizes the SOS, if the SOS determines that adequate technology infrastructure exists, to promulgate regulations to establish a list of individuals that are preapproved for voter registration. Additionally, this bill requires the SOS to develop regulations that include, among other things, procedures for updating and maintaining the accuracy of the preapproved for voter registration list and procedures that describe how a person on the preapproved list may activate their registration. Under this bill, a person is placed on the preapproved registration list when they, during their transaction with the DMV, provide citizenship documents, attest that they meet all voter eligibility requirements, and decline to become registered or preregistered to vote.
   
   Currently in California, an individual is either actively registered to vote, preregistered to vote, or on the inactive voter file. The preapproved registration list proposed by this bill would be new to California. This bill, however, does not provide any detail as to how a voter would activate their registration and move off of the preapproved registration list. While the bill seems to address this question by requiring the SOS to develop regulations that include procedures for this process, the committee may wish to consider whether the Legislature should have the authority to determine how a person moves from the preapproved registration list to the active registration list instead of granting that authority to the SOS.
   
2. California’s Voter Registration Statistics: According to the SOS’s March 5, 2024 registration report, of California’s estimated 26.63 million eligible voters, more than 22.01 million are registered voters, which means that over 82% of eligible voters are registered to vote.
   
3. AB 60 Licensees: AB 60 (Alejo), Chapter 524, Statutes of 2013, requires the DMV to issue an original driver’s license to an applicant who is unable to submit satisfactory proof of legal presence in the US. Driver’s license applicants under AB 60 must meet all other qualifications for licensure and must provide satisfactory proof of identity and California residency. The DMV began accepting applications for licenses under AB 60 on January 2, 2015.

Because the AB 60 licensing process was specifically established for individuals who are unable to submit satisfactory proof of legal presence in the US, the NMV program expressly prohibits the DMV from transmitting information to the SOS about individuals who applied for or received a driver’s license pursuant to AB 60.

1. Recent Amendments: The June 19, 2024, version of this bill proposed to create a back-end automated voter registration system for registering voters via the NMV program at the DMV, as specified. The amendments being considered in committee today delete the bill’s prior contents and add the provisions outlined above. As a result, prior position letters are not relevant. Accordingly, this committee analysis does not reflect position letters submitted to the committee that relate to the prior version of the bill.
2. Related Legislation: AB 2127 (Berman) extends, from January 1, 2025 to January 1, 2030, the operation of the NMV program taskforce established by the SOS to advise the SOS and the DMV on the effective implementation of the NMV program. AB 2127 passed out of this committee on a 6-1 vote and passed the Assembly floor on a 59-7 vote. AB 2127 is pending in Senate Transportation Committee.
3. Previous Legislation: AB 796 (Berman), Chapter 314, Statutes of 2021, codifies voter registration information transmittal requirements in the federal NVRA, as specified. AB 796 additionally codifies into state law various provisions from a legal settlement regarding the transmission of voter registration information, and requires the SOS to establish a taskforce to evaluate the California NMV program, as specified.
4. Double Referral: This bill has been double-referred to the Assembly Transportation Committee.

REGISTERED SUPPORT / OPPOSITION:

Support

None on file.

Opposition

None on file.

Analysis Prepared by: Nichole Becker / ELECTIONS / (916) 319-2094

 THIRD READING  

Bill No: SB 299

Author: Eggman (D), et al.

Amended: 3/27/23

Vote: 21

SENATE HEALTH COMMITTEE: 11-0, 3/22/23

AYES: Eggman, Nguyen, Glazer, Gonzalez, Hurtado, Limón, Menjivar, Roth, Rubio, Wahab, Wiener

NO VOTE RECORDED: Grove

SENATE APPROPRIATIONS COMMITTEE: 5-1, 5/18/23

AYES: Portantino, Ashby, Bradford, Wahab, Wiener

NOES: Jones

NO VOTE RECORDED: Seyarto

SUBJECT: Medi-Cal eligibility: redetermination

SOURCE: Author

DIGEST:

This bill removes loss of contact with a Medi-Cal beneficiary, as evidenced by returned mail, as a reason to prompt the redetermination of eligibility for that beneficiary. This bill deletes the requirement that a county issue an immediate notice of action terminating Medi-Cal eligibility when contact is lost and a redetermination form is undeliverable.

ANALYSIS:

Existing law:

1. Establishes the Medi-Cal program, administered by the Department of Health Care Services (DHCS), under which low-income individuals are eligible for medical coverage. [WIC §14000, et seq.]
2. Requires counties to undertake outreach efforts to Medi-Cal beneficiaries, in order to maintain the most up-to-date home addresses, telephone numbers, and other necessary contact information. [WIC §14005.36]
3. Requires managed care plans to share a Medi-Cal beneficiary’s updated contact information with the county after receiving approval from the beneficiary to do so. [WIC §14005.36]
4. Establishes the loss-of-contact rule, which requires counties to conduct a prompt redetermination of Medi-Cal eligibility whenever mail to a Medi-Cal recipient is returned as undeliverable. Requires counties to issue an immediate notice of action terminating Medi-Cal eligibility if the form sent to redetermine eligibility after the loss-of-contact is returned as undeliverable. [WIC §14005.37]

This bill:

1. Removes loss of contact with a Medi-Cal beneficiary, as evidenced by returned mail, as a reason to prompt the redetermination of eligibility for that beneficiary.
2. Deletes the requirement that a county issue an immediate notice of action terminating Medi-Cal eligibility when contact is lost and a redetermination form is undeliverable.

Comments

1. Author’s statement. According to the author, the Medi-Cal loss-of-contact rule is an outdated, punitive rule that caused Medi-Cal beneficiaries to lose their coverage if mail to them was returned as undeliverable to their county Medi-Cal office. Both federal and state guidance have evolved away from this practice in an effort to ensure that people keep their health coverage, yet this rule still exists in California statute. This bill conforms state statute to our modern practice of keeping people on Medi-Cal until they are ineligible and attempting to resolve issues like undeliverable mail by checking with other records or other methods of contacting the individual. Keeping eligible people on Medi-Cal even when mail is undeliverable has long been the practice with our former foster youth, and was the practice for all Medi-Cal beneficiaries during the COVID-19 public health emergency. Private health insurance and Medicare don’t cut people off of their coverage just because a piece of mail was returned. Medi-Cal shouldn’t either. This bill is a simple update to current state law that reduces barriers to maintaining Medi-Cal coverage.
2. Background. Current state law known as the “loss-of-contact” rule, requires county eligibility workers to automatically redetermine a beneficiary’s eligibility for Medi-Cal any time a piece of mail is returned as undeliverable. If the redetermination form is also returned as undeliverable, counties send a notice of action terminating the beneficiary’s Medi-Cal. While counties are required to make other attempts to contact a beneficiary, this can result in a termination without actually knowing whether a beneficiary continues to be eligible for Medi-Cal.

This August, the federal Centers for Medicare and Medicaid Services (CMS) issued a Notice of Proposed Rulemaking intended to streamline eligibility determinations, enrollment, and retention for the Medicaid and Children’s Health Initiative Programs. In California, these two programs are consolidated into the Medi-Cal program. One key change in these proposed rules is that when the counties get mail returned due to change in address, the proposed regulations outline additional requirements before terminating coverage for a beneficiary. These requirements include checking with other sources the county has access to (e.g. the beneficiary’s CalFresh file or managed care plan) and requiring an additional form of contact to the beneficiary besides mail. Although these changes are not yet finalized in the federal rule, they align with recent CMS requirements regarding the end of the public health emergency and the end of the Medicaid continuous eligibility requirement that kept all Medi-Cal beneficiaries covered during COVID-19. In this context, CMS is requiring states to use a good-faith effort to contact beneficiaries for whom they have received returned mail and to use more than one modality to attempt to contact beneficiaries prior to terminating their coverage.

Existing federal regulations do not contain the loss-of-contact rule in California law that is prompted by any returned mail. The existing federal regulations only require that a beneficiary’s eligibility be redetermined outside of the annual redeterminination date when information is received that indicate that circumstances have changed that would affect the beneficiary’s eligibility. DHCS applies the loss-of-contact rule to any returned mail, even when that mail is not related to a renewal (such as returned tax forms), causing Medi-Cal beneficiaries to lose coverage when mail unrelated to an annual renewal is returned. The existing statute also treats terminations for loss-of-contact different than for other renewals. For other renewals, there is either 30 or 60 days from the date the form is sent, during which the county worker should also be trying to contact the beneficiary. For loss-of-contact renewals, as soon as the redetermination form is returned, the Medi-Cal case is set to terminate.

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

According to the Senate Appropriations Committee:

• Unknown costs in the Medi-Cal program (General Fund and federal funds) due to enrollees remaining on the Medi-Cal caseload who would otherwise have their coverage terminated.
• Cost to counties for administration would be potentially reimbursable by the state, subject to a determination by the Commission on State Mandates.

SUPPORT: (Verified 5/19/23)

American Cancer Society Cancer Action Network

California Dental Association

California Dialysis Council

California Health+ Advocates

California Pan-Ethnic Health Network

Health Access California

Health Net

Justice in Aging

National Association of Social Workers, California Chapter

WelbeHealth

Western Center on Law & Poverty

OPPOSITION: (Verified 5/19/23)

None received

ARGUMENTS IN SUPPORT: Western Center on Law & Poverty writes in support stating this bill conforms state law with the direction state and federal agencies are going to ensure that county workers try other available means to contact Medi-Cal beneficiaries in order to preserve their Medi-Cal coverage. A number of other consumer advocacy organizations write in support for similar reasons.

Prepared by: Jen Flory / HEALTH / (916) 651-4111

5/20/23 12:41:15

**** END ****

SENATE COMMITTEE ON

Senator Anthony Portantino, Chair

2023 - 2024 Regular Session

SB 299 (Eggman) - Medi-Cal eligibility: redetermination

Bill Summary:

SB 299 would delete the requirement that a county automatically conduct a redetermination of eligibility due to returned/undeliverable mail and delete the requirement that a county issue an immediate notice of action terminating Medi-Cal eligibility when contact is lost and a redetermination form is undeliverable.

Fiscal Impact:

• Unknown costs in the Medi-Cal program (General Fund and federal funds) due to enrollees remaining on the Medi-Cal caseload who would otherwise have their coverage terminated.
• Cost to counties for administration would be potentially reimbursable by the state, subject to a determination by the Commission on State Mandates.

Background:

Current law establishes the Medi-Cal program, administered by the Department of Health Care Services (DHCS), under which low-income individuals are eligible for medical coverage. Counties conduct the eligibility determinations for the Medi-Cal program.

Current law known as the “loss-of-contact” rule, requires county eligibility workers to automatically redetermine a beneficiary’s eligibility for Medi-Cal any time a piece of mail is returned as undeliverable. If the redetermination form is also returned as undeliverable, counties send a notice of action terminating the beneficiary’s Medi-Cal coverage. While counties are required to make other attempts to contact a beneficiary, this can result in a termination without actually knowing whether a beneficiary continues to be eligible for Medi-Cal.

Proposed Law:

SB 299 would delete the requirements that a county automatically conduct a redetermination of eligibility due to returned/undeliverable mail and that a county issue an immediate notice of action terminating Medi-Cal due to returned/undeliverable redetermination forms.

-- END --

SENATE COMMITTEE ON HEALTH

Senator Dr. Susan Talamantes Eggman, Chair

BILL NO: SB 299

SUBJECT: Medi-Cal eligibility: redetermination

SUMMARY:

Deletes the requirement that a county issue an immediate notice of action terminating Medi-Cal eligibility when contact is lost and a redetermination form is undeliverable.

Existing law:

1. Establishes the Medi-Cal program, administered by the Department of Health Care Services (DHCS), under which low-income individuals are eligible for medical coverage. [WIC §14000, et seq.]
2. Requires counties to undertake outreach efforts to Medi-Cal beneficiaries, in order to maintain the most up-to-date home addresses, telephone numbers, and other necessary contact information. [WIC §14005.36]
3. Requires managed care plans to share a Medi-Cal beneficiary’s updated contact information with the county after receiving approval from the beneficiary to do so. [WIC §14005.36]
4. Establishes the loss-of-contact rule, which requires counties to conduct a prompt redetermination of Medi-Cal eligibility whenever mail to a Medi-Cal recipient is returned as undeliverable. Requires counties to issue an immediate notice of action terminating Medi-Cal eligibility if the form sent to redetermine eligibility after the loss-of-contact is returned as undeliverable. [WIC §14005.37]

This bill: Deletes the requirement that a county issue an immediate notice of action terminating Medi-Cal eligibility when contact is lost and a redetermination form is undeliverable.

FISCAL EFFECT:

This bill has not been analyzed by a fiscal committee.

COMMENTS:

1. Author’s statement. According to the author, the Medi-Cal loss-of-contact rule is an outdated, punitive rule that caused Medi-Cal beneficiaries to lose their coverage if mail to them was returned as undeliverable to their county Medi-Cal office. Both federal and state guidance have evolved away from this practice in an effort to ensure that people keep their health coverage, yet this rule still exists in California statute. This bill conforms state statute to our modern practice of keeping people on Medi-Cal until they are ineligible and attempting to resolve issues like undeliverable mail by checking with other records or other methods of contacting the individual. Keeping eligible people on Medi-Cal even when mail is undeliverable has long been the practice with our former foster youth, and was the practice for all Medi-Cal beneficiaries during the COVID-19 public health emergency. Private health insurance and Medicare don’t cut people off of their coverage just because a piece of mail was returned. Medi-Cal shouldn’t either. This bill is a simple update to current state law that reduces barriers to maintaining Medi-Cal coverage.
2. Background. Current state law known as the “loss-of-contact” rule, requires county eligibility workers to automatically redetermine a beneficiary’s eligibility for Medi-Cal any time a piece of mail is returned as undeliverable. If the redetermination form is also returned as undeliverable, counties send a notice of action terminating the beneficiary’s Medi-Cal. While counties are required to make other attempts to contact a beneficiary, this can result in a termination without actually knowing whether a beneficiary continues to be eligible for Medi-Cal.

This August, the federal Centers for Medicare and Medicaid Services (CMS) issued a Notice of Proposed Rulemaking intended to streamline eligibility determinations, enrollment, and retention for the Medicaid and Children’s Health Initiative Programs. In California, these two programs are consolidated into the Medi-Cal program. One key change in these proposed rules is that when the counties get mail returned due to change in address, the proposed regulations outline additional requirements before terminating coverage for a beneficiary. These requirements include checking with other sources the county has access to (e.g. the beneficiary’s CalFresh file or managed care plan) and requiring an additional form of contact to the beneficiary besides mail. Although these changes are not yet finalized in the federal rule, they align with recent CMS requirements regarding the end of the public health emergency and the end of the Medicaid continuous eligibility requirement that kept all Medi-Cal beneficiaries covered during COVID-19. In this context, CMS is requiring states to use a good-faith effort to contact beneficiaries for whom they have received returned mail and to use more than one modality to attempt to contact beneficiaries prior to terminating their coverage.

Existing federal regulations do not contain the loss-of-contact rule in California law that is prompted by any returned mail. The existing federal regulations only require that a beneficiary’s eligibility be redetermined outside of the annual redeterminination date when information is received that indicate that circumstances have changed that would affect the beneficiary’s eligibility. DHCS applies the loss-of-contact rule to any returned mail, even when that mail is not related to a renewal (such as returned tax forms), causing Medi-Cal beneficiaries to lose coverage when mail unrelated to an annual renewal is returned. The existing statute also treats terminations for loss-of-contact different than for other renewals. For other renewals, there is either 30 or 60 days from the date the form is sent, during which the county worker should also be trying to contact the beneficiary. For loss-of-contact renewals, as soon as the redetermination form is returned, the Medi-Cal case is set to terminate.

1. Prior legislation. SB 184 (Committee on Budget and Fiscal Review, Chapter 47, Statutes of 2022) requires children to remain continuously eligible for Medi-Cal unless they die, leave the state, or are enrolled due to error or fraud.

AB 2402 (Rubio of 2022) was substantially similar to the provision of SB 184 described above. The contents of AB 2402 were included in SB 184 (2022).

SBX1-1 (Hernandez, Chapter 4, Statutes of 2013) prohibited terminating former foster youth at renewal for loss of contact.

1. Support. Western Center on Law & Poverty writes in support stating this bill would conform state law with the direction state and federal agencies are going to ensure that county workers try other available means to contact Medi-Cal beneficiaries in order to preserve their Medi-Cal coverage. A number of other consumer advocacy organizations write in support for similar reasons.
2. Technical amendment. For consistency, subsection (c) of the existing redetermination statute which prompts the redetermination for loss-of contact should also be deleted: (c) A loss of contact, as evidenced by the return of mail marked in such a way as to indicate that it could not be delivered to the intended recipient or that there was no forwarding address, shall require a prompt redetermination according to the procedures set forth in this section.

SUPPORT AND OPPOSITION:

Support: American Cancer Society Cancer Action Network

California Dental Association

California Dialysis Council

California Pan-Ethnic Health Network

Health Access California

Justice in Aging

Western Center on Law & Poverty

Oppose: None received

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