Bill Text: CA AB1036 | 2019-2020 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Elections: civic outreach and voter engagement.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Vetoed) 2020-01-21 - Consideration of Governor's veto stricken from file. [AB1036 Detail]
Download: California-2019-AB1036-Amended.html
This bill would codify existing regulations requiring counties to establish outreach programs and to meet minimum requirements. This bill would require the Secretary of State, in adopting those regulations, to require each county to periodically update its programs. This bill would also require the Secretary of State to periodically update the Secretary’s own regulations promulgated pursuant to this provision. By imposing a new statutory duty on each county, this bill would impose a state-mandated local program.
For purposes of this section, “outreach program” means a program intended to identify qualified electors who are not registered voters, and to register them to vote. It is the intent of the Legislature that voter registration be maintained at the highest possible level. In furtherance of that goal, the Secretary of State shall do all of the following:
Bill Title: Elections: civic outreach and voter engagement.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Vetoed) 2020-01-21 - Consideration of Governor's veto stricken from file. [AB1036 Detail]
Download: California-2019-AB1036-Amended.html
|
Amended
IN
Assembly
April 02, 2019 |
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
| Assembly Bill | No. 1036 |
| Introduced by Assembly Member Aguiar-Curry (Coauthor: Assembly Member Mullin) |
February 21, 2019 |
An act to amend Sections 2105 and 2131 of, and to add Chapter 5 (commencing with Section 370) to Division 0.5 of, the Elections Code, relating to elections, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 1036, as amended, Aguiar-Curry.
Elections: civic outreach and voter engagement.
(1) Existing law requires the Secretary of State to provide every high school, community college, and California State University and University of California campus with voter registration forms. Existing law also expresses the intent of the Legislature that every eligible high school and college student receive a meaningful opportunity to apply to register to vote.
This bill would create the High School Voter Education Pilot Program to be conducted in Yolo County. Under the pilot program, the Yolo Elections Office and Yolo County Board of Education would be authorized to conduct mock student government elections on designated high school campuses, using, to the extent possible, the same standards, processes, and voting equipment used in the county for regularly-conducted elections. This bill would require the administering agencies to
provide voter registration and preregistration for eligible students in conjunction with the program, and would require the administering agencies to report to the Legislature regarding the outcome of the program, as specified.
(2) Existing law directs the Secretary of State to adopt regulations requiring each county to design and implement voter outreach programs intended to identify qualified electors who are not registered voters, and to register those persons to vote, including regulations prescribing minimum requirements for those programs. Existing law also authorizes the Secretary of State to provide grants for voter outreach purposes. Existing law further provides that if the Secretary of State finds that a county has not designed and implemented a program meeting prescribed minimum
requirements, the Secretary of State is required to design a program for the county and report the violation to the Attorney General.
Existing law authorizes the Secretary of State to provide grants for voter outreach purposes.
This bill would broaden the purposes of the voter outreach grant program described above, and it would require the Secretary of State to provide grant funding pursuant to that provision. This bill would also appropriate $10,000,000 from the General Fund to the Secretary of State to implement the voter outreach program and grant provisions.
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.
Digest Key
Vote: 2/3 Appropriation: YES Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:(a) In a democracy, political power is inherent in the people and is exercised through the right to vote.
(b) The right to vote is a fundamental right through which the people exercise political power capable of protecting all other rights.
(c) Every citizen of the United States residing in California who is eighteen years of age is guaranteed the right to vote and to have their vote counted, with limited exceptions.
(d) Non-participation in elections means that only some people exercise their political power, creating a distortion in representation that can result in some people being denied the protection, security, and benefits to which they are entitled under the Constitution.
(e) In each statewide election in California since 1972, fewer than 60 percent of eligible voters have exercised their fundamental right to vote.
(f) Nearly 25 Approximately 20 percent of eligible voters in California are not registered to vote.
(g) In a number of California
counties, fewer than 70 percent of eligible voters are registered to vote.
(h) In the 2014 California General Election, only 52 percent of eligible youth were registered to vote and only 8 percent of eligible youth, ages 18 to 24, cast a ballot.
(i) In California, the Secretary of State is the chief elections officer, who administers elections in partnership with county election officials.
(j) California statutes and regulations direct the Secretary of State and counties to implement programs aimed at increasing voter participation and outreach to non-voters and to remove administrative obstacles to voting that deter fuller participation.
(k) Some of these
voter outreach programs have not been implemented in parts of our state.
(l) Fully implementing existing laws and regulations to increase participation in elections will empower disenfranchised voters to reclaim and exercise their fundamental rights and political power.
(m) Recently enacted legislation promotes the use of public election materials as a tool for disseminating messages that promote awareness of, and encourage participation in, the census. Accordingly, improving voter education and outreach programs that are designed to improve voter participation among historically marginalized or underrepresented communities will also assist in the state’s efforts in communicating the importance of participation in the census and could help improve census participation
among historically hard-to-count communities.
(m)
(n) Empowering disenfranchised voters at the county level can also reduce barriers between governments and historically marginalized or underrepresented communities, who have the greatest risk of being under-counted in the decennial census.
(n)
(o) An accurate and complete census count in each decennial census is foundational to the integrity of a true representative democracy.
(o)
(p) It is the intent of the Legislature to reduce non-participation in elections to the greatest extent possible by fully implementing existing laws and codifying existing regulations to facilitate outreach to underrepresented groups, with a particular focus on counties with low levels of voter registration and participation and on youth across the state.
SEC. 2.
Chapter 5 (commencing with Section 370) is added to Division 0.5 of the Elections Code, to read:CHAPTER 5. High School Voter Education Pilot Program
370.
(a) For purposes of this chapter, the following terms have the following meanings:(1) “Administering agencies” means the Yolo Elections Office and the Yolo County Board of Education.
(2) “Pilot Program” means the High School Voter Education Pilot Program authorized by this section.
(b) Notwithstanding any other law, in order to increase civic engagement in a geographically and racially diverse county, the Yolo Elections Office, in partnership with the Yolo County Board of Education, may conduct, in an odd-numbered year, a High School Voter Education
Pilot Program in accordance with this section.
(c) (1) The administering agencies shall identify high school campuses in the county to participate in the pilot program and shall select dates on which to administer the pilot program on each participating school campus.
(2) On the date selected for each campus, the Yolo Elections Office shall conduct a mock election to elect members of the school’s student government. To the extent possible, the election shall be conducted with the same standards, processes, and voting equipment used in a regularly-conducted election in the county.
(3) In conjunction with the pilot program, the administering agencies shall provide voter registration and preregistration for eligible
students.
(d) For each year that the pilot program is conducted, the administering agencies shall evaluate the pilot program and report the results of the evaluation to the Legislature and the Secretary of State. The report shall include statistics relating to the cost of conducting the elections, student participation on each campus, the number of students who registered or preregistered to vote as a result of the pilot program, and any other benefits or problems that arose. The administering agencies may partner with a college or university located within the county to compile the report required by this subdivision.
(e) A report submitted pursuant to subdivision (d) shall be submitted within twelve months of the last mock election conducted in that year and shall otherwise
comply with Section 9795 of the Government Code.
SEC. 3.
Section 2105 of the Elections Code is amended to read:2105.
(a)(1) Adopt regulations requiring each county to design and implement programs
intended to identify qualified electors who are not registered voters, and to register those persons to vote.
(2) Adopt regulations prescribing minimum requirements for those programs and requiring each county to periodically update its programs.
(3) Periodically update the regulations the Secretary of State has promulgated pursuant to this section.
(b) It is the intent of the Legislature that voter registration be maintained at the highest possible level. In furtherance of this goal, each county shall design and implement an outreach program. The program, at minimum, shall contain all of the following components, which shall be described in an outreach plan: If
the Secretary of State finds that a county has not designed and implemented a program meeting the prescribed minimum requirements, or has not updated its programs as required by regulation, the Secretary of State shall design a program for the county and report the violation to the Attorney General.
(1)A systematic effort by the county elections official to consult on a continuing basis with people who
exhibit interest and special knowledge in any outreach methods contemplated by the county. This effort shall include gathering lists of persons whose interest, knowledge, or experience suggests the potential for meaningful contribution to increased voter registrations in the county.
(2)Publicity for all phases of voter registration, including the training and deputizing of registrars.
(3)Priorities for the direction of its outreach efforts, which shall reflect the official’s assessment as to which specific outreach methods will be the most cost-effective in the county. Each plan shall be reasonably balanced in the allocation of outreach efforts and resources among the major pools of unregistered voters.
(4)A budget with
sections for personnel, equipment, and materials for each outreach effort proposed.
(5)A schedule of critical dates and deadlines associated with each outreach effort proposed, supported by contractual and voluntary commitments, if any, from those responsible for providing products or services to meet these dates.
(6)Solicitation of assistance from local offices of all levels of
government and of private entities in providing the incidental use of their premises and personnel for the purpose of outreach. The offices and entities whose assistance is solicited shall include those which, in the opinion of the county elections official, come into frequent contact with unregistered electors.
(7)Orderly limits upon bulk distributions of registration affidavit forms, including contingency plans for form allocation if supplies become depleted.
(c)(1)Annually in July, the Secretary of State shall evaluate each county's outreach program on the basis of the following criteria:
(A)Adherence to the adopted plan.
(B)Effectiveness
in terms of increase in number of registered voters over statistical and historical expectations.
(2)If the Secretary of State determines that the county has not designed and implemented an outreach program as required by the section, the Secretary shall design and implement a program for the county.
(d)The Secretary of State shall promulgate regulations as necessary to further implement this section.
SEC. 4.
Section 2131 of the Elections Code is amended to read:2131.
(a) For purposes of this section, “underperforming county” means a county whose voter registration, as recorded in the Secretary of State’s October 22, 2018 Report of Registration, was less than 72 percent of eligible voters. (b) The Secretary of State shall provide grants to local elections officials, nonprofit corporations, and unincorporated associations for the following purposes:
(1) To conduct voter outreach and voter education programs, in accordance with the requirements of the Help America Vote Act of 2002 (P.L. 107-252), using funds provided to the state by Sections 101 and
251 of that act.
(2) To increase accessibility for eligible voters with disabilities, in accordance with the requirements of the Help America Vote Act of 2002 (P.L. 107-252), using funds provided to the state by Section 261 of that act.
(3) To effectuate the Voter Bill of Rights (commencing with Section 2300), with a particular emphasis on education programs in secondary schools in underperforming counties.
(4) To implement the provisions of Chapter 704 of the Statutes of 1975.
(5) To implement Section 2105.
If the Commission on State Mandates determines that this act contains costs mandated by the
state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
