Election Day Registration State Policy Activity Legislative Session

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1 For more information, contact Dēmos at or Election Day Registration State Policy Activity Legislative Session Arizona Representative Steve Gallardo (D), Minority Whip, introduced a bill in January that would allow EDR during general elections, but not primaries. It was referred to the Judiciary, Government, and Rules Committees; no further action taken. California Assembly Member Curren Price (D), the Chair of the Elections and Redistricting Committee, introduced a bill in February It would permit EDR at the polling place; EDR registrants without the required proof of residence would vote provisionally. The bill was favorably voted out of the Elections and Redistricting Committee in April 2007, and referred to the Appropriations committee. There was no further action on the bill. It died in January Georgia Representative Alisha Morgan (D) introduced an EDR bill in January It would allow EDR at the polling place, using provisional ballots. A regular ballot would be available to voters who registered at the registrar s office on Election Day. It was referred to the Governmental Affairs Committee. No action taken in Hawaii Four bills introduced in 2007 by Democratic legislators were carried over to the 2008 session. No action was taken on three of them. The fourth, HB 1133, passed the House and Senate in 2007, and referred to conference committee. The bill was calendared for a House-Senate conference committee meeting in April 2008; no action was taken. SB 2801, bipartisan legislation introduced by Republican Senator Gordon Trimble, was introduced in January It would permit EDR at the polls in The bill passed the Judiciary Committee with amendments and was referred to Ways and Means, where it died when the 2008 legislature adjourned. Illinois Representative and Assistant Majority Leader Lou Lang (D) introduced two EDR bills in HB 1753 was signed into law in August It created an Election Day Voter Registration Commission to study the possible implementation of EDR in Illinois. The Commission convened in 2008 and held several meetings and accepted

2 public comments ( commission is suppose to report its findings by December 31 st in time for the next legislative session in January Rep. Lang s second bill, which would have permitted EDR at the polling place, saw no action in Representative Mike Boland (D) also introduced two Election Day Registration bills in One would have enacted EDR in 2009; the second called for a one-county, EDR pilot project. Both bills died in the Rules Committee. Indiana Senator John Broden (D) introduced an EDR bill in January It would have instituted EDR at the polls, and specified acceptable proof of residence to include a utility bill or a corroborator. The Local Government and Elections, to which the legislation was referred, took no action prior to adjournment. Iowa Iowa enacted Election Day Registration in Republican Representative Jodi Tymeson introduced a bill in February 2008 that would have amended the new statute by designating as provisional the votes cast by Election Day registrants. The bill died in a State Government subcommittee. Maine Representative Stacey Fitts (R) introduced a bill in March 2007 that would effectively have ended EDR, by prohibiting voting for anyone registering within five days of an election in this EDR state. The bill was referred to Legal and Veterans Affairs, where it died. Maryland Delegate Kiril Reznik (D) introduced legislation in February 2008 to allow EDR at the polls. The Ways and Means Committee held a hearing later that month. No EDR opponents testified and many legislators expressed their support. The bill was withdrawn from further consideration in March so that the sponsor could consult with the state elections board about implementation requirements and address a 2006 Attorney General ruling. The former Attorney General concluded that EDR enactment would require amendment of the state constitution. EDR proponents have asked the new Attorney to review the earlier opinion. Massachusetts Senator Cynthia Creem (D-Newton) and State Representative Gloria Fox (D-Roxbury) introduced identical EDR bills in January, 2007 that allowing for EDR in all elections. Negotiations with House leaders led to a revised bill that only allowed for EDR in the 2008 and 2010 federal elections, and shortened the registration deadline from 20 to 14 days. The revised law would sunset on July 1, Secretary of State would issue a report on the efficacy of EDR by March 1, In February 2008, the Joint Committee on Election Laws consolidated the two bills into one and gave the new bill, S2514, a positive Ought to Pass recommendation, moving it to the Senate Committee on Ways and Means.

3 The bill stalled in Senate Ways and Means Committee for months as proponents negotiated with Senate leadership and tried to marshal Senate support. Senate Ways and Means ultimately moved a bill that would have instituted EDR only for federal general elections. The proposal required that each municipality allow EDR in at least one location (e.g., City Hall) in Small town election officials could opt to allow EDR at additional sites; large cities required to provide for more EDR sites. EDR would be expanded to polling places in No sunset provision. EDR bill passed the Senate with bipartisan support on July 29, Legislature adjourned on July 31, 2008 without a final vote in the House. Expect renewed consideration of EDR in Michigan Senator Liz Brater (D) and Representative Bettie Scott (D) each introduced bills instituting EDR at the polls. Senator Brater s bill was introduced in January 2007 and referred to Campaign and Election Oversight, while Representative Scott s was introduced in June 2007 and referred to Ethics and Elections. Neither bill saw action in Missouri Representative John Bowman (D) introduced legislation in January 2008 that would establish EDR at the polling place and introduce one-stop voting sites, where citizens could register to vote and cast absentee ballots. The bill was read twice and referred to the Elections Committee in April 2008, where it died upon adjournment. Nebraska Two EDR bills were introduced in January 2008: LB 803 by Senator Ray Aguilar (D), Chair of the Government, Military and Veterans Affairs Committee, and LB 991 by Senator Bill Avery (D), a committee member. Both would have permitted EDR at the polling place. The bills were heard in committee on January 31, No further action was taken before the legislature adjourned. New Jersey In January 2008, Senators Raymond Lesniak and Barbara Buono, both Democrats, introduced a bill allowing EDR at the polls. It was referred to the State Government Committee. No further action was taken before adjournment. New York At the request of former Governor Eliot Spitzer, the Rules Committee introduced a bill in May 2007 to repeal the state constitution s 10-day voter registration deadline. The bill was referred to the Judiciary Committee in February No further action was taken. North Carolina Same Day Voter Registration legislation was signed into law in July Individuals may register and vote at the state s early voting sites, open for a 16-day period before each election. Sites close on the Saturday before Election Day. A bill appropriating funds for Same Day Registration was introduced by two Democratic representatives in April 2007 and referred to Appropriations. It saw no movement in 2008.

4 Ohio Representative Tyrone Yates (D) introduced HJR 6 in May 2008; it would amend the state constitution to allow for EDR starting in It was referred to Rules and Reference, but did not move further before adjournment. Oklahoma Four separate EDR proposals were offered and considered in 2008 Representative Ryan McMullen (D), a member of the Elections and Redistricting Committee and Chair of the Democratic Caucus, introduced a bill allowing EDR at the polls in February It was referred to Rules. No action taken before adjournment. Representative Ryan Kiesel (D), Majority Caucus Vice-Chair, introduced a bill in February 2008 that dealt with ballot marking procedures. It was referred to Rules. It was amended in committee to allow EDR at the polls; the bill did not move before the end of the session. Representative Sue Tibbs (R) introduced a voter ID bill in February In March it was amended on the floor and a provision was added to allow EDR at the polls. The bill passed the House and was referred to the Senate Rules Committee, which took no action on it before the end of the session. Senator John Ford (R) introduced a voter ID bill in February The Appropriations Committee amended the bill that month to permit EDR; it passed the Senate. The House Rules committee stripped the EDR provision from the bill. Oregon Senator Ryan Deckert (D) (no longer in office) introduced a bill in January 2007 that would amend the state constitution to permit EDR, and place the matter before voters in the next general election. The bill was sent to Rules. It saw no action in Representative Diane Rosenbaum (D), House Speaker Pro Tempore and Chair, Elections, Ethics and Rules Committee, introduced a similar bill in March It was first referred to Elections, Ethics and Rules, where it had a hearing that month. The bill was not considered during their limited special session in Pennsylvania Senator Lisa Boscola (D) (no longer in office), Senator Michael Waugh (R), and others introduced a bill allowing EDR at the polls in March It was referred to the State Government Committee. Representative Harold James (D) and others introduced another bill allowing EDR at the polls in October It was referred to the same committee in the House. No further action in either chamber. South Dakota Senator Sandy Jerstad (D) and Representative Steve Street (D) introduced legislation in January 2008 that would allow for registration at the polls on Election Day. Registrants would cast provisional ballots. The bill was referred to and heard by the Local Government Committee. No further action was taken before adjournment.

5 Tennessee Senator James Kyle (D) introduced a bill in February 2008 that would allow EDR at the polling place and create voting centers. Representative Randy Rinks (D), Chair of Majority Caucus, introduced a companion bill in the House. Both bills were referred to their respective State and Local Government Committees but did not see further action before the session ended. In January 2008, Kyle and Rinks had also introduced companion bills that simply would institute EDR at the polls. These bills were also referred to State and Local Government. No further action was taken before adjournment. Texas Senator Rodney Ellis (D) introduced a bill in February 2007 that would allow EDR at the polls. It was referred to the State Affairs Committee and saw no further action that year or in Representative Roberto Alonzo (D) introduced a bill in January 2007 that would institute EDR, with the ballots processed separately. It was referred to the Elections Committee that month but saw no further action through 2007 or Utah Representative Neil Hansen (D) introduced EDR legislation in Hearings were conducted by the Government Operations Committee. The bill would allow EDR at the polls. During the committee hearing the bill was amended to make the ballots cast by EDR voters provisional. The bill would also permit the changing of party affiliations on Election Day, except for primaries. The bill was sent to agencies for fiscal input and then to the House. The bill was live in 2008 however did not move before the end of the session. Vermont The Senate Government Operations committee held a hearing on Election Day Registration in March 2008 before the formal introduction of an EDR bill. There was considerable discussion, and interest from legislative leaders however no bill was introduced in EDR proponents expect that legislation will be considered in Washington Three bills were introduced in The Chair and Vice Chair of Government Operations and Elections Committee, Majority Assistant Whip, Majority Leader, Majority Caucus Chair, President Pro Tempore, and three others introduced bills in January 2007 that would allow voter registration until and on Election Day. It passed the Senate in March 2007 and was referred to the House State Government and Tribal Affairs Committee. It was referred by resolution back to the Senate Rules Committee in April The bill was reintroduced and retained in present status by resolution in January 2008, but moved no further by the end of the session.

6 West Virginia In March 2008, the House and Senate adopted a resolution establishing a Joint Committee on Government and Finance to study the feasibility of EDR and report its findings for the 2009 legislative session. That study commission will conduct a series of hearings about EDR over the summer and fall of 2008, with an expectation that a bill will be introduced in Wisconsin Eleven Republican Assembly Members, including the Chair of Elections and Constitutional Law, and Senator Glenn Grothman (R) introduced legislation in March 2007 to repeal EDR. A public hearing was held in January 2008; Elections and Constitutional Law Committee recommended passage. It was then referred to Rules, but failed to pass pursuant to Senate Joint Resolution 1. More resources on Election Day Registration are available at Dēmos 220 Fifth Avenue, 5 th Floor New York, NY (212)