Senate Standing Committee on Elections and Constitutional Amendments

Okay, we are going to bring this meeting to order. This is the Senate Committee on elections and constitutional amendments. Do you need a second, or are you ready? You ready? Okay, great. We have three bills on our agenda today, but before we hear presentations on the Bill, we'd like to establish a quorum.

So, assistant, will you please call the roll?

[Roll call].

Okay, thank you. If there are any authors who are watching this on television, please come down to room 2100. And for those of you who are watching now, our informational hearing, which is called artificial intelligence and elections protecting democracy in the digital era. That will likely begin around 10:00 a.m. or upon adjournment of this Committee hearing.

So we will be jumping into our bills as soon as we have the authors appear, and we'll head into a short recess. Thank you.

Assemblymember Valencia, are you ready?

Okay, well, so we will hear our first Bill, which is AB 1170 by Assemblymember Valencia. He is prepared. We invite you to come forward.

Buenos Dias, and thank you, Madam Chair and Senators, I am here to present 1170. I will be accepting the amendments in the Committee analysis and want to thank the Committee staff their work on this measure thus far. Since January of 2017, the Fair Political Practice Commission has operated and maintained an electronic filing system of form 700s.

Even though the majority of filers already file through the FPPCs e filing system, the action is currently voluntary. AB 1170 makes a significant shift for the FPPCs form 700, transitioning it to a fully electronic filing system that requires filers to do so online.

This change is not only about efficiency, it will also reduce staff time and save the state money. Most importantly, by embracing a fully electronic system, AB 1170 is set to improve the current status quo. The existing system is outdated, inaccessible, and falls short of good government's practices.

Currently, the FPPC regulations require only the form 700 s of elected officials to be posted online with their signatures redacted. However, 1170 will ensure that the Legislature has the ability to decide what information shall be made available to the public. With this shift, we can truly enhance transparency and government accountability.

I will continue to work with stakeholders to ensure that our communities can access the resources necessary to hold their elected officials accountable. And with me today to provide testimony is Lindsay Nakano, the senior legislative council at the Fair Political Practice Commission.

Thank you. As a lead witness, you have two minutes.

Good morning, Madam Chair Members. Lindsey Nakano, senior legislative counsel with the Fair Political Practices Commission. Statements of economic interests, or form 700s, are crucial instruments for transparency in the context of financial conflicts of interest that may arise during the governmental decision making process.

About 25,000 individuals file form 700s with the Commission each year, and since 2017, the Commission has maintained a successful electronic filing system that an increasing number of filers have opted to use over the years.

AB 1170 would complete the transition from paper to electronic filing by requiring filers for whom the Commission is the filing officer, to file their form 700s through the e filing system. The Bill would reduce the administrative burden of processing, scanning, and manually redacting paper filings and would also streamline the process for filers.

Thank you to this Committee for your time and consideration. Thank you to Assembly Member Valencia for your leadership on this Bill. I respectfully ask her. I vote.

Thank you. Do you have any other lead witnesses? No, that's it. Okay. Thank you. All right. Do we have any opposition witnesses? I don't see any other lead witnesses in the room. I apologize. I didn't ask for that yet. Not seeing any. Okay, we will bring it back to the Committee. Does anybody have any questions or comments?

I will just. Thank you. We have a motion. I'll just share that. I agree that it is very difficult to be having form 700 filed in multiple formats. And as a local elected official just two years ago, I've filed it in three separate ways because of the different ways that the agencies requested it.

So two different online ones, which were exactly identical, and then also one in print. So I really appreciate this Bill and think it's a good direction to be going, and thank you for bringing it. So with that, I will ask you if you would like to close.

Thank you. And to your comments. Chairwoman, your experience is not alone in this, and as chair of the budget Subcommitee on seven and accountability, I feel a deep responsibility to ensure that our government remains not only transparent, but accountable. So with that, I respectfully ask for a yes vote. Thank you.

Thank you. And Senator Umberg has moved AB 1170, so the motion is do pass as amended, to the Committee on Judiciary. Assistant, please call the roll.

[Roll call].

Okay, it is 4-0, and we will keep it on call. Thank you so much. Thank you. Next, I see we have an author who's just arrived. Thank you, assemblymember Pellerin. Our next item will be AB 2249 by assemblymember Pellerin and we invite you to come forward and present your Bill.

Thank you very much. Good morning. Thank you, Madam Chair and Senators. I'd like to start by accepting the Committee's amendments and thanking committee staff for working with my office.

Under existing law, specific election materials must be retained by county elections officials, records regarding federal elections must be retained for 22 months and all other election records must be retained for six months. The packages containing these materials must remain unopened and for the duration of the retention period after which these materials are destroyed.

In the pursuit of transparent elections, the preservation of the paper and electronic record of the election is of the utmost importance. However, there have been cases where the Secretary of State and a court have come to differing conclusions regarding which documents may be shared without compromising the security of the elections.

In order to provide more clarity regarding retention and document access, AB 2249 clarifies which materials must be retained by elections officials.

AB 2249 adds paper cast vote records completed forms issued to the precinct board and machine reports used to account for ballots delivered to the polling place and completed forms issued to the counting boards and machine reports used for the 1% manual tally to the list of materials that elections officials are required to keep.

Cast vote records are auditable documents that correspond to the selections made on the voter's ballot, voter identification envelopes containing the voter's signature, residential address, date of signature and notice that voting more than once constitutes a crime, among other notices.

AB 2249 clarifies that all voters may inspect the contents of the package or packages at all times during the official canvas and retention period, excepting those items that contain signatures of voters which may not be copied or distributed in order to preserve the secrecy of the ballot.

AB 2249 is sponsored by the California Association of Clerks and Election Officials and with me to testify and support is Tricia Webber, representing CACEO

Okay, thank you. Please approach the microphone and as a lead witness. You have two minutes.

Thank you. Good morning, Chair Blakespear and Members of the Committee. My name is Tricia Webber and I'm here on behalf of the California Association of Clerks and Election Officials and we are proud to sponsor and support Assembly Member Pellerin's AB 2249. This bill aims to provide clarity and consistency on records retention.

During the course of an election, officials use a lot of different supplies, materials and forms at their voting locations and during the canvas. Additionally, to provide voters a good voting experience, such as same-day registration, envelopes and forms must be used. Election officials store these items under seal with the ballots that are required for the required retention period.

However, there's ambiguity in the elections code regarding these forms, supplies, envelopes, and materials in terms of how or even if they should be retained.

AB 2249 addresses this ambiguity and clearly states what needs to be retained, how long it needs to be stored, and how long election officials will keep them. Sorry. How they need to be stored, and how long election officials will need to keep them.

This bill also addresses how to handle sealed documents in the case of a natural disaster. Unfortunately, several counties have experienced this need to come up with a way to make it to deal with these stored documents when they're destroyed or possibly may be destroyed by the disaster.

AB 2249 lays out a clear plan for counties to follow so that there is consistency across the state on how to preserve these important documents. We respectfully ask for your aye vote and I'm available to answer any technical questions if needed.

Thank you very much. Do we have any other support witnesses in the room? Please come forward and state your name, affiliation and if you support or oppose.

Ethan Nagler on behalf of the City Clerks Association of California in support.

Thank you.

Good morning. I'm Eric Lehr on behalf of the California State Association of Counties in support.

Thank you. Do you have any other lead witnesses in court? Okay, thank you. Do we have any lead witnesses in opposition who are in the room? Not seeing any. Anybody in opposition who would like to add their name? Not seeing any. So, do we have any comments from the Committee? Not seeing any. Thank you, Senator Umberg.

Senator Umberg moves the Bill. Would you like to make a closing statement?

I just respectfully ask for your aye vote. Thank you so much.

Okay. Thank you. So, let's go ahead and have a motion. Have a vote on motion made by Senator Umberg for AB 2127. Oh, I'm sorry. AB 2249. I apologize.

The motion is do pass as amended to the Committee on Judiciary. [Roll call]

It is 5-0 and we will keep it on call.

Thank you so much.

Thank you. Okay, next I see Assembly Member Berman. He is in the room and he is prepared. So, we will invite you to come forward AB 2127 by Assembly Member Berman. You may present your Bill.

Thank you, Chair Blakespear. Senators, California's new motor voter law has been a, has been a strong success with nearly 26 million new or updated voter registrations since it launched in 2018. Notwithstanding this significant accomplishment, there have been challenges modernizing the voter registration process at the DMV, ultimately resulting in litigation and settlement created oversight mechanisms.

I authored legislation in 2021 to codify many of the best practices from the legal settlement, as well as establish the new Motor Voter Task Force to continue monitoring the laws rollout and advise the Secretary of State and DMV on its effectiveness on its effective implementation.

While our motor voter law has been very successful, there are several updates and changes forthcoming as well as technology driven delays. Therefore, AB 2127 would extend the operation of the task force in order to provide continued oversight to ensure proper implementation and the full effectiveness of our new motor voter law.

I respectfully ask for an aye vote.

Thank you. Do you have any witnesses here?

And I do. I thank you for asking. I'm joined today by Brittany Stonesifer, who is an attorney for the ACLU and a Member of the new Motor Voter Task Force.

Good morning. My name is Brittany Stonesifer. On behalf of ACLU California Action and a proud cosponsor of AB 2127 we work to ensure that California's democracy is accessible to all voters, including historically underrepresented groups. We and our partners have spent many years advocating to increase the fairness and efficiency of the voter registration system at the DMV.

The current new motor voter system is a byproduct of that ongoing collaboration. Since its rollout in 2018, the new motor voter program has become one of the most powerful tools that the state has for maintaining accurate voter rolls and registering new voters.

In only six years, the program has registered or updated the registrations of over 26 million Californians. The DMV is now the top registration method for youth and voters of color. The program's success actively relies on monitoring and guidance from stakeholders.

This is why the Legislature established the new motor Voter task force in 2021, formally convening stakeholders with the DMV and the Secretary of State. Since then, the task force has provided visibility into issues at the DMV and developed guidance for streamlining registration forms.

The task force also publishes annual reports, which are invaluable resources for the public, lawmakers and advocates. The next report will be published later this month. Despite its successes, the task force will sunset at the end of this year unless it's extended.

The DMV is currently engaged in a major overhaul of its software systems, delaying major improvements and critical updates that will maximize the program's ability to engage potential voters. If the task force expires at the end of this year is scheduled, we will lose a necessary tool for effectively and transparently implementing these changes.

AB 2127 will extend public oversight and technical guidance during this period of complex transition. For these reasons, we respectfully ask for your. I vote, and I'm happy to answer any questions the Committee may have. Thank you.

Thank you very much for your testimony. Do we have anyone else in the room who would like to add their support?

Adrianna Champagne-Zamora with the League of Women Voters of California, proud co-sponsor of this Bill. Thank you.

Thank you very much. We will now move on to lead witnesses in opposition. Are there any in the room? I don't see any. Anybody else who would like to speak in opposition with your name, title and so. Opposition? No. Okay, so thank you. We'll come back to the Members.

Anybody on the Committee wishing to make any comments or ask questions? I do not see any. So now we will go to Assemblymember Berman for close.

Respectfully ask your "Aye" vote.

Thank you very much. Thank you, Assemblymember Berman. And I see that your hand is not quite fully recovered from the soccer game.

It'll be about a month. Okay.

Yeah. Well, thank you for sacrificing your own self for the benefit of the team.

One day I'll learn. Yeah.

Do we have a motion? Okay. Senator Menjivar has moved. AB 2127. The motion is due passed to the Committee on Transportation. Assistant, will you please call the roll?

[Roll Call]

Okay. Thank you so much. It's five to one. We'll keep it on call. Should we lift the call since we have another Member here? Yes. Okay. So let's go ahead and lift the call.

Lifting call on file items one, AB 1170. Current vote is 4-0. Chair voted aye. Vice Chair voted aye. Motion is do pass as amended to Judiciary. [Roll call]

Okay. It's 6-0. Still on call. Okay. We will keep it on call and we will come back when our final Member arrives, which will be shortly. So, thank you to all the individuals who participated today.

If you are not able to testify, please submit your comments or suggestions in writing to the Senate Committee on Elections and Constitutional Amendments. We will take a brief recess for our last Member to appear, and then we will reschedule ourselves a little bit and come back for our joint informational hearing on AI and elections.

So with that, we're in a brief recess.

Okay. We're back from recess and we are lifting the call on all of the bills.

File item one, AB 1170. Motion is do pass as amended to Judiciary. Current vote is 6-0. Chair voting aye. Vice Chair voting aye. [Roll call]

7-0. It's out.

Lifting call on file item two, AB 2127. Motion is do pass to Transportation. Current vote is 5-1. Chair voted aye. Vice Chair voted no. [Roll call]

6-1. It's out.

Lifting call on file item three, AB 2249. Motion is do pass as amended to Judiciary. Current vote is 5-0. Chair voted aye. [Roll call]

6-0. It's out. Okay, so thank you very much, and this Committee is adjourned. The next. Thank you. And the next committee will start. Okay, the next committee will start on time at 10, so please be on time if you are a Member of the Assembly Elections Committee or the Senate Elections Committee. Thank you.

And just for information, in case anybody is curious, the next committee is called. Or the. Where's the name of it again? Okay, the next. What we are doing at 10 is informational hearing artificial intelligence and elections, protecting democracy in the digital era. And we will see everyone at 10. With that, we're adjourned.