Report on B Voter Registration Access and Modernization Amendment Act of 2014

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1 C ouncil of the District of Columbia COMMITTEE ON GOVERNMENT OPERATIONS DRAFT C OMMITTEE R EPORT 1350 Pennsylvania Avenue, NW, Washington, DC To: From: All Councilmembers Date: June 27, 2014 Subject: Councilmember Kenyan R. McDuffie Chair, Committee on Government Operations Report on B Voter Registration Access and Modernization Amendment Act of 2014 The Committee on Government Operations reports favorably on B Voter Registration Access and Modernization Amendment Act of 2014, and recommends its approval by the Council of the District of Columbia. CONTENTS Background, Purpose and Effect 2 Legislative History 4 Position of the Executive 4 Comments of Advisory Neighborhood Commissions 5 List of Witnesses and Hearing Record 5 Analysis of Impact on Existing Law 5 Summary of Fiscal Impact 5 Section-by-Section Analysis 5 Committee Action 6 List of Attachments 6 1

2 BACKGROUND, PURPOSE AND EFFECT Bill , the Voter Registration Access and Modernization Amendment Act of 2014, was introduced by Councilmember Wells on April 30, The Committee on Government Operations held a hearing on Bill on October 7, Bill would authorize the Board of Elections (Board) to expand the electronic voter registration scheme and authorize the Board to accept applicant signatures other than by mailed copy of the application from the voter. B would mandate that the Board of Elections continue an electronic registration scheme as well as require that the Department of Motor Vehicle (DMV) provide to the Board of Elections signatures from DMV s voter registration forms. Current Electronic Voter Registration Process Under the current online process, a voter enters data into an electronic form, prints a hard copy of the electronic form, signs it and mails it to the Board. The electronic version of the online application is held in pending status until the original signature (wet signature) is received and processed by Board staff. 1 Application The Board has completed an application for smartphones that allows the voter to create a digital signature by using their finger or stylus as a pen. The application is the result of a project began with FVAP (Federal Voter Application Program) funds and the format assists the District to comply with the UOCAVA (Uniformed and Overseas Citizens Absentee Voting Act). For security purposes, the application requires a SSN4 when submitting the voter registration application. Update to the Online Voter Registration Process B would update the current online process. During testimony before the Committee, the Board indicated that their Automatic Voter Registration Report specified that, By eliminating the current requirement for a 'wet' signature for voters who provide their driver license number, the Council would enable the District to join a number of other states in instituting true online voter registration. This would allow voters who already have a signature on file with the Department of Motor Vehicles to complete the entire voter registration process online. While the Board s electronic application is a step in the right direction, more should be done. Through the passage of B20-264, the Board s recent update to voter registration will continue on an upward trajectory. First, the mobile application, while electronic is substantively different from 1 The Voter Registration Access and Modernization Amendment Act of 2013: Hearing before the Comm. on Gov t. Operations, Council Period 20 (D.C., October 7, 2013) (statement of Clifford D. Tatum, Executive Director, District of Columbia Board of Elections) 2

3 online registration. This type of partnership is critical to accommodate voters who do not have smartphones or do not have interest in downloading the application. The online registration update requires a robust partnership with DMV in order to provide, upon the Board s request, digitized voter signatures. This would apply to all voters who have current DMV issued identification cards and who consent to the use of their DMV signature as the signature for the application they are submitting. The Board would use these signatures to complete submitted electronic voter registration forms or absentee ballot applications. Consequently, DMV s transmission of digitized voter signatures to the Board is crucial to updating the online registration. Furthermore, B would allow the use of existing scanned signatures which are on file with the Board to update a voter's record using only the last four digits of the social security number through the on-line registration application. 2 While the Board requested and received FY2014 funds to implement the first phase of the DMV electronic-signature transmission system, funds are not sufficient to continue the update. Further, while Director Babers attended the hearing she was uncomfortable providing an estimate for the system to transmit voter signatures until DMV s own database update was completed. The anticipated date was November 26 and currently the DMV has yet to provide a cost estimate. Recently however, Director Babers indicated that DMV could implement the signature transmission system 180 days after the effective date of B Thus, the Committee added language to the Bill requiring the system s implementation within 180 days of the effective date. Other Jurisdictions In contemplating this legislation the Board considered the practices of other jurisdictions. Specifically, the Board considered the successes and failures of implementation. 3 The Board also discussed online voter registration with other jurisdictions and concluded that updating the District s current online registration software is not compatible with certain systems. However, the Board indicated that it would continue to consult with other jurisdictions to identify a compatible and premier system to implement the update. Policy Concerns During the Committee s consideration of B20-264, a few policy issues arose. The Board was initially concerned that the language in B as introduced could be interpreted to deem the Board s current relationship with the DMV as unauthorized. First, the Committee expects that B will codify the existence of the DMV-BOE relationship. Second, the Committee wishes to clarify that not only is the DMV-BOE relationship permissible, but that this B mandates that such a relationship continue to exist. LEGISLATIVE HISTORY 2 The Voter Registration Access and Modernization Amendment Act of 2013: Hearing before the Comm. on Gov t. Operations, Council Period 20 (D.C., October 7, 2013) (statement of Clifford D. Tatum, Executive Director, District of Columbia Board of Elections). 3 The Board considered performance and usability data. 3

4 Apr 30, 2013 Apr 30, 2013 May 10, 2013 Sep 6, 2013 Bill , the Voter Registration Access and Modernization Amendment Act of 2013 is introduced by Councilmember Wells at Committee of the Whole. Bill , the Voter Registration Access and Modernization Amendment Act of 2013 is referred to the Committee on Government Operations. Notice of Intent to Act on Bill is published in the District of Columbia Register. Notice of public hearing on Bill is published in the District of Columbia Register. Oct 7, 2013 Public Hearing on Bill June 27, 2014 Committee on Government Operations held a Markup on B POSITION OF THE EXECUTIVE The Board recommended four revisions to the current draft of the proposed legislation: 4 First, the Board proposes language which would authorize the transmission of signatures from the DMV to the Board for those applicants who have DMV-issued ID numbers, and who consent to the use of their DMV signature as the signature for the application they are submitting. Second, the proposed legislation should also include any resident who provides the last four digits of their Social Security number to utilize the on-line application system, provided they are able to transmit an electronic signature at the time of the online transaction or within a time and manner prescribed by the Board which is deemed acceptable for finalizing the application. Third, the Board proposed that the legislation should allow the use of existing scanned signatures which are on file with the Board to update a voter s record using only the last four digits of the Social Security number through on-line registration application. ADVISORY NEIGHBORHOOD COMMISSION No Advisory Neighborhood Commissioners commented on this bill. LIST OF WITNESSES AND HEARING RECORD A. No public witnesses provided testimony on this bill. The Committee on Government Operations held a public hearing on Bill on 4 The Voter Registration Access and Modernization Amendment Act of 2013: Hearing before the Comm. on Gov t. Operations, Council Period 20 (D.C., October 7, 2013) (statement of Clifford D. Tatum, Executive Director, District of Columbia Board of Elections) 4

5 October 7, 2013, starting at 11:27 a.m. The hearing was attended by Chairperson Kenyan McDuffie. A video recording of the hearing can be viewed at oct.dc.gov. The following witnesses testified before the Committee at the hearing, and copies of their testimony, if provided, can be found in Attachment C: Clifford D. Tatum, Executive Director, District of Columbia Board of Elections The public hearing concluded at 3:19 p.m. IMPACT ON EXISTING LAW The proposed legislation would expand the Board s ability to carry out the online voter registration system. It would require that the DMV provide to the Board of Elections signatures from DMV s voter registration forms. Voters will also be allowed to request an absentee ballot from the Board of Elections via the online voter Registration system. Furthermore, the legislation would also enable voters to request an absentee ballot from the Board of Elections online. Finally the legislation makes conforming amendments. FISCAL IMPACT On June 13, 2014 the Chief Financial Officer issued a memorandum wherein he stated that funds are sufficient in the proposed FY 2014 through FY 2017 budget and financial plan to implement the bill. SECTION-BY-SECTION ANALYSIS Section 2 This section adds a new definition for the online voter system. This system will permit the voter to apply to become a registered voter change the individual s name, address or party affiliation and request an absentee ballot. This section also makes technical amendments by striking the phrase driver s license and inserting the phrase DMV-issued identification in its place in several places within the relevant portion of the DC Code. In addition, this section also strikes the word mailed and inserts the word mailable. This is a technical change to align the verb with the responsibilities of the Board. It clarifies that the Board is required to provide a mailable address as opposed to the voter s responsibility to ensure that the application is mailed. This section also adds a new 2A to mandate that the implementation of B is executed no later than 180 days following the effective date. Further, this section also mandates that the Board shall implement the digital voter service system that includes an electronic signature provided by the applicant directly to the Board, or an 5

6 electronic signature provided to the Board by the DMV. Additionally, this section adds a new 5 to mandate that for voters who submit their voter registration through the digital voter service system the Board shall request that the DMV furnish, an electronic copy of the applicant s signature for the purpose of executing the application submitted for acceptance and approval. This section also requires that the applicant provides the applicant s DMV-issued identification number and affirmatively consents to the use of that signature as the signature for the application submitted. This section also makes technical amendments by striking the phrase Bureau of Motor Vehicle Services and inserting the phrase DMV in its place in several places within the relevant portion of the DC Code. Furthermore, this section strikes the phrase in person at the Board s office and inserts the phrase in person at the Board s office, using the digital voter service system required by subsection (b)(2a) of this section, in its place. This amendment will permit the voter to utilize the digital voter service system as a means to submit the voter registration application. Finally, A subparagraph (C) is added to prohibit update notifications submitted through the digital voter service system more than 30 days preceding any election. Section 3 Section 4 Adopts the fiscal impact statement. Provides the effective date. COMMITTEE ACTION On June 27, 2014, the Committee on Government Operations held an Additional Meeting to consider and markup B , the Voter Registration Access and Modernization Amendment Act of Chairperson Kenyan R. McDuffie recognized a quorum consisting of. Chairperson McDuffie, without objection, moved the Committee Print of B with leave for staff to make technical changes. After an opportunity for discussion, the Committee voted X-X to approve the Committee Print with the members voting as follows: YES: McDuffie,, and NO: N/A PRESENT: N/A ABSENT: N/A Chairperson McDuffie then moved for approval of the Committee Report on B with 6

7 leave for staff to make technical changes. The Committee voted X-X to approve the Committee Report with the members voting as follows: YES: McDuffie,, and NO: N/A PRESENT: N/A ABSENT: N/A X. LIST OF ATTACHMENTS (A) Secretary s Memorandum of referral and B , as introduced (B) Mayor s Transmittal Letter5 (C) Notice of Public Hearing, as published in the District of Columbia Register (D) Final Witness List and Testimony (E) Fiscal Impact (F) Legal Sufficiency Determination (G) Comparative Print of B (H) Committee Print of B N/A 7