SR-08-25-2015-3N
City Council
Report
City Council Regular Meeting: August 25, 2015
Agenda Item: 3.N
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To: Mayor and City Council
From: Elaine Polachek, Asst. City Manager, City Manager's Office, Administration
Subject: Support State Voter and Election Bills and Authorize Concurrency with
League of California Cities Advocacy Positions
Recommended Action
Staff recommends that the City Council:
1. Review and comment on three bills introduced into the California State
Legislature for the 2015 - 2016 session (AB 1461, SB 439 and SB 450) and
direct staff to proceed with communicating the City's position on each bill as
detailed in Attachment A;
2. Authorize staff to, if warranted, align the City's future legislative positions with
the positions of the League of California Cities and communicate the City's
position as needed, and delegate authority to the Mayor to participate when
the City’s position and the League’s position are not aligned
Executive Summary
The Council has historically taken positions on proposed State legislation of interest to
Santa Monica because of the City's location, economy, programs, policies, or other
experiences. Staff is now presenting three current State Assembly and Senate bills
related to elections and voter participation for the Council's consideration. In addition,
staff is seeking authorization to engage in future legislative advocacy that mirrors the
League of California Cities' position on a matter, should staff concur with the League’s
analysis of local impacts.
Background
The City's historical support or opposition of legislative policy has, over time, created a
record of policy authorization. The Council's legislative policies and actions are
compiled in a compendium. Staff relies on the compendium to draft letters of support or
opposition to similar legislation for the Mayor's signature without direct Council action.
On April 28, 2015 Council directed staff to take action on 18 current pieces of
legislation. Since that time, the Mayor has signed approximately 24 letters in opposition
or support of bills introduced into the 2015-2016 session to communicate the Council's
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adopted policy. Additionally, staff has been in contact with Senator Allen’s and
Assembly member Bloom’s offices to communicate the City’s prior policy position on
proposed bills.
The City does not have established policy on voter registration laws and el ection
procedures. Therefore, Council action is needed to support the three bills presented
below.
The City is a member of the League of California Cities, an association of California city
officials who work together to enhance knowledge and skills, exchange information, and
combine resources to influence policy decisions that affect cities. The League actively
tracks State legislation, takes positions, distributes information to members, develops
sample letters and other information, and advocates on behalf of its members to protect
local control and stand up for city interests.
Discussion
Election Procedures and Voter Registration (AB1461, SB439, SB 450)
The three bills presented for Council consideration would create greater opportunity for
citizens to participate in elections. Two systems, VoteCAl, a centralized state -wide voter
registration database and the voter registration services provided by the DMV would be
married (AB 1461). Voter registration and voting at satellite offices would be allowed
during the entire 14 days immediately preceding Election Day (SB 439). Reformations
to the administration of elections would allow for more accessible avenues through
which to vote, as well as for people to register to vote (SB 450). These bills support and
encourage the democratic process, civic engagement, and public discourse. Staff
recommends that the Council support all three, as detailed in Attachment A. The
League of California Cities has not taken a position on these; rather the League is
watching all three bills.
League of California Cities Policy & Advocacy
The League of California Cities engages in ongoing analysis of legislation and develops
policy positions such as support, oppose, support unless amended, oppose unless
amended, watch, as well as proposes amendments and engages in dialogue with
legislators and partners. The League’s overarching policy positions are developed with
the assistance of eight standing League policy committees and the League Board of
Directors to protect the local authority and autonomy of city government and help
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California’s cities effectively serve their residents. Information about individual pieces of
legislation, the League’s position, and action steps are catalogued online at
https://www.cacities.org/Policy-Advocacy.
League representatives often reach out to Santa Monica staff when crafting policy
positions or when seeking a local perspective on an issue. And, the City’s policy
positions frequently align with the League’s. Therefore, staff recommends that the
Council authorize the Mayor and staff to engage in legislative advocacy that mirrors the
League’s position on a matter if the issue is relevant to Santa Monica and advocacy
would be in the City’s best interests should staff concur with the League’s analysis of
local impacts.. If the issue is not relevant to Santa Monica, or if there would be
unintended consequences of going on record about the bill, or for other salient reasons,
staff may elect to have the City opt-out of advocacy efforts, even if the League takes a
position. Should staff determine that the League’s position was not one the City wanted
to be on par with, staff would confer with the Mayor to gain his/her assent.
This approach is recommended because legislative items often move forward on a
timeline that does not align with the Council meeting schedule. Such authorization
would allow the City to prioritize issues and quickly join coalitions and/or weigh in on
timely, relevant, and pressing legislative items. The recommended action would allow
staff to advocate absent Council's deliberation and action on individual bills. Advocacy
efforts would be tracked and compiled in the City’s compendium of legislative policy.
Next Steps
Staff will communicate the Council’s support, opposition, and/or direc tion on these bills
to the City’s state lobbyists who will assist with preparing letters to bill authors, co -
sponsors, and members of related committees, as well as communicate the City’s
position in other ways.
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Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the
recommended action.
Prepared By: Danielle Noble, Deputy City Manager
Approved
Forwarded to Council
Attachments:
A. Voter Registration and Election Procedures Bills
B. April 28, 2015 staff report (web link)
Voter Registration and Election Procedures
Bill
ID/Topic
Location
Summary
Staff Analysis
Santa Monica’s Policy Statement
Proposed City
Position/
League of
California
Cities Position
(LCC)
AB 1461
Gonzalez D
Voter
registration
7/1/2015-S. T.
& H.
7/1/2015-From
committee: Do
pass and re-
refer to Com.
on T. & H.
(Ayes 3. Noes
1.) (June 30).
Re-referred to
Com. on T. &
H.
Existing law requires the DMV to
provide those seeking services or
obtaining a license an opportunity
to register to vote
This bill would require the
Secretary of State and the
Department of Motor Vehicles
to establish the California
New Motor Voter Program for
the purpose of increasing
opportunities for voter
registration by any person
who is qualified to be a voter.
This is to be achieved by
requiring the DMV to transfer
voter registration information
to the Secretary of State when
a citizen obtains or renews a
driver’s license.
AB 1461 will expand and
modernize services required by
NVRA through the marriage of
the VoteCal, a centralized
state-wide voter registration
database subject to rollout in
July of 2016, and the voter
registration services provided
by the DMV. The bill represents
an important step in
consolidating the 58 voting
registration databases in each
county.
The bill will increase the
accessibility of the democratic
process, and works to address
the low voter turnout, an issue
especially prominent in
California.
It is currently supported by the
Secretary of State.
The passage of AB 1461 has the
potential to register many more
voters in the Santa Monica area,
adding to the strong public
participation already present in the
city. Thus, the reforms instituted by
the bill align with the culture of
vigorous public discourse and
involvement in municipal politics.
The Santa Monica City Clerk’s
Office recommends support of this
bill.
Proposed:
Support
LCC: Watch
Attachment A
Voter Registration and Election Procedures
Bill
ID/Topic
Location
Summary
Staff Analysis
Santa Monica’s Policy Statement
Proposed City
Position/
League of
California
Cities Position
(LCC)
SB 439
Allen D
Election
procedures
6/11/2015-
A. E. & R.
6/23/2015-
July 1 set for
first hearing
canceled at
the request of
author.
Legislation passed in 2012 requires
elections officials to provide voter
registration and concurrent voting by
provisional ballot to any qualified
elector during the 14 days following
the normal close of registration
through Election Day. This will go into
effect in 2017. Ballot on-demand
(BOD) printing systems can be utilized
to provide any voter with his or her
proper ballot. However, statue
currently requires separate approval
for BOD systems at each location
used, which is cumbersome.
As a way of accommodating what
should be an enormous number of
last-minute registrants, SB 439 will
allow county elections officials to
offer voter registration and voting at
satellite offices during the entire 14
days immediately preceding Election
Day in addition to their main offices.
In order to facilitate this process
more securely, cost-effectively and
make the experience quicker and
more convenient for voters, SB 439
will also establish statutory criteria
for the use of BOD printing systems.
SB 439 will encourage the use
of BOD systems by elections
officials by eliminated the
cumbersome nature of gaining
approval for each satellite
location utilizing a BOD system.
As a consequence, large
amounts of citizens looking to
register during the 14 days
preceding the election will be
served more efficiently,
increasing access to the
democratic process.
The bill is supported by the
Secretary of State, California
Association of Clerks and
Elections Officials, California
Common Cause, California
Public Interest Research Group,
and Service Employees
International Union.
Proposed:
Support
LCC: Watch
Voter Registration and Election Procedures
Bill
ID/Topic
Location
Summary
Staff Analysis
Santa Monica’s Policy Statement
Proposed City
Position/
League of
California
Cities Position
(LCC)
SB 450
Allen D
Elections:
all-
mailed
ballot
elections
6/15/2015-
A. E. & R.
6/23/2015-
July 1 set for
first hearing
canceled at
the request
of author.
California’s election administration is
ineffective. In 2012, the Pew
Charitable Trusts’ Elections
Performance Index (EPI) ranked
California 49th overall in
administering elections. The EPI
compares voter registration, voter
turnout, provisional ballot use, the
number of unreturned military
ballots, rejected ballots, and reported
problems. California had the second
highest provisional ballot use and the
third highest rejection rate of
provisional ballots.
SB 450 would, beginning January 1,
2018, establish a new option for
California Counties to administer
elections. This bill would allow
counties to send every registered
voter a ballot, replace polling places
with vote centers, establish a
minimum of 10 days of early, in
person voting, and provide voters
with ballot drop-off locations.
This bill proposes the use of a
voting model, several elements
of which are taken from
Colorado’s new model, which
has resulted in a voter turnout
ranked 5th among all 50 states.
It presents several
reformations which will allow
for more accessible avenues
through which to vote, as well
as register to vote.
This bill is supported by
Secretary of State Alex Padilla
(Sponsor), California
Association of Clerks and
Election Officials, SEIU
California State Council,
AFSCME, California State
Association of Counties,
California Transit Association,
California Common Cause,
National Association of Latino
Elected and Appointed Officials
Santa Monica has cultivated and
sustained an environment of
inclusivity as it relates to the
democratic process. The city prides
itself on robust public engagement
in local politics, and its current
administration of elections reflects
a commitment to accommodate
and foster democratic involvement.
SB 450 will institute a voting model
which will build upon the values of
the city as they relate to
accessibility to the democratic
process.
The Santa Monica City Clerk’s
Office recommends support of this
bill.
Proposed:
Support
LCC: Watch