Why the ACLU is fighting automatic voter registration

Presented by Safer Roads for All: Your afternoon must-read briefing on politics and government in the Golden State
Jun 25, 2024 View in browser
 
POLITICO California Playbook PM

By Eric He

Presented by 

Safer Roads for All

Voters are directed to a polling station during the Super Tuesday primary.

A bill on expanding voter registration has faced heavy opposition from the ACLU and the League of Women Voters. | Patrick T. Fallon/AFP via Getty Images

UNLIKELY FOES: It’s not often the ACLU finds itself at odds with like-minded grassroots advocacy groups on the topic of expanding voter registration. But a bill aiming to do just that has the influential civil liberties union taking a strong stand to buck traditional allies, working to gut the proposal as it comes before the Assembly Elections Committee tomorrow morning.

The measure, backed by the California Grassroots Democracy Coalition, would automatically register people to vote who are eligible and have not already done so when they submit documents to the DMV for a license or otherwise.

But the bill is expected to be watered down in committee tomorrow to remove the automatic registration component, instead creating a “preapproved registration list” where people would still need to opt in before registering.

The proposed changes follow heavy lobbying from the ACLU, League of Women Voters and NALEO, which had worked to implement the current voter registration system that has been in place for nearly a decade. But the groups remain opposed to the bill because they fear it still allows the DMV to “be the arbiter of citizenship” and provide “building blocks” toward a system they reject, Dora Rose, deputy director of the League of Women Voters of California, told Playbook.

Advocates argue changes like automatic registration are necessary to help sign up the 4.7 million eligible Californians not yet registered, pointing to the low turnout in the March primary elections. Ten other states and Washington, D.C., have similar automatic systems in place. But the three groups argued that switching to a “back-end” model would increase confusion, erroneously sign up ineligible people to vote and cost the DMV millions of dollars annually.

“Switching from the system that we have in place that's been working well for years to that system — without any evidence to support that it would be better — is not just extremely expensive and risky, we see it as reckless,” said Brittany Stonesifer, an attorney for the ACLU of Northern California.

Currently, through a “front-end” process, a person must answer a set of questions at the DMV certifying they are eligible to vote before they can be registered. The bill’s advocates contend the current process complicates registration and leads to millions of people — many of whom come from underrepresented groups — opting out entirely. They dispute the opposition's concerns as “containing numerous misrepresentations or misunderstandings.”

Christina Montoya, communications director for the bill’s author Sen. Monique Limón, told Playbook the amendments were necessary to get the support of the elections committee and another surprising critic of the bill: former local elections official and committee chair Gail Pellerin.

Pellerin originally signed on as a co-author last year but removed her name after looking closer into the bill, telling Playbook she had been an enthusiastic new member but the measure ultimately “was not what I had thought it was.”

“I learned something from everybody,” Pellerin said when asked if the ACLU’s opposition played a role in her shift.

Pellerin, who served as Santa Cruz County’s chief elections official for nearly two decades prior to winning an Assembly seat in 2022, said she has worked with and respects the groups on both sides.

“It's tough being in the middle of something like this,” Pellerin said. “But I do have a fundamental concern with registering people to vote without their consent or knowledge.”

Limón said over 140 organizations support the proposal, but lamented that there are “three very, very, important ones that are not necessarily supportive.”

“It’s unfortunate that this is where we're at,” Limón said after speaking at a rally for the bill outside the Capitol earlier in the month.

Neal Ubriani, policy and research director with the left-leaning nonprofit Institute for Responsive Government, which backs automatic voter registration efforts nationwide, struck a diplomatic tone in response to the amendments — which he worked on with Limón and Pellerin.

“This compromise will provide meaningful updates to the current system that will better protect non-citizens from legal jeopardy, streamline DMV registration and provide a pathway to welcome California’s 4-plus million eligible but unregistered voters into our democracy,” Ubriani said in a text message.

Among those pushing for automatic registration is Dolores Huerta. The 94-year-old labor leader said she’s been working on voting rights since the 1950s, championing laws to allow for citizen deputy registrars and to require Spanish-language ballots. She told Playbook that during those efforts, “I don't remember the League of Women Voters or ACLU being there with me.”

They were bills, Huerta said, that “we carried ourselves and we had to lobby to make sure that it passed.”

IT’S TUESDAY AFTERNOON. This is California Playbook PM, a POLITICO newsletter that serves as an afternoon temperature check on California politics and a look at what our policy reporters are watching. Got tips or suggestions? Shoot an email to ehe@politico.com.

 

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WHAT YOU NEED TO KNOW TODAY

FTX founder Sam Bankman-Fried leaves a federal court in New York.

The measure was among the last traces of Sam Bankman-Fried’s political ambitions. | Mary Altaffer/AP

FIRST IN PLAYBOOK: There will be one less thing to vote on this November. The main proponent of an initiative to fund a first-in-the-nation pandemic-prevention institute, backed by disgraced cryptocurrency entrepreneur Sam Bankman-Fried, has decided to pull the measure from the ballot.

Max Henderson told Playbook he made the decision to withdraw the measure — which would have funded the pandemic program by taxing those who earn more than $5 million — after long negotiations with the governor’s office and the Department of Health and Human Services. He added that he was tempted to stick with the initiative, which first qualified for the ballot in 2022, but ultimately chose to take the deal rather than being left with nothing should it fail.

The initiative, formally called the Pandemic Early Detection and Prevention Act, was already hamstrung after more than $20 million in funding dwindled to a reported $78 dollars on hand following Bankman-Fried’s fraud conviction last year. Politicians and consultants distanced themselves from the measure in the aftermath.

“The goal of the measure was to leave behind something that would actually make a difference and potentially prevent the next [pandemic],” Henderson said. “I feel strongly that doing something that has the full-throated support of the governor's office has the biggest chance of doing that.”

In exchange for pulling the measure, Gov. Gavin Newsom agreed to expand the scope of a little-known 2015 program called the California Initiative to Advance Precision Medicine via Assembly Bill 164 by adding pandemic prevention language to its charter. The initiative has an ongoing appropriation until 2029, but no additional funding is being added as part of the deal. Newsom’s office, in a statement, said he has pledged to sign the legislation once it reaches his desk.

“The opportunity to work with the administration to build this through the legislative process is too good of an opportunity to pass up,” Henderson said. “Going to the ballot is always an uncertain proposition.”

As part of its new expanded scope, the California Initiative to Advance Precision Medicine will move from the Office of Planning and Research to the Department of Health and Human Services and add scientific advisers with pandemic prevention expertise to its council. According to Henderson, Newsom also pledged to seek further funding for the program through “public, private, and academic sources.”

 

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ON THE BEATS

NEWS BILL CARRIES ON: A first-in-the-nation effort to make major online platforms pay outlets for the news they host on their sites remains a work in progress as its author, Assemblymember Buffy Wicks, looks to placate tech companies and some small newsrooms opposed to her bill.

The measure passed the Senate Judiciary Committee on a 3-2 vote today after Wicks spent months ironing out amendments designed to benefit California’s smallest newsrooms, some of which fear the bill could further exacerbate their disadvantages with bigger outets. Wicks also revised the bill’s compensation mechanism to incentivize hiring journalists over writing clickbait headlines.

But the changes didn’t sway tech giants Google and Meta. Company representatives told the committee that the bill would end up sending sizable amounts of cash to major hedge funds that own new outlets as well as partisan newsrooms that use biased, attention-grabbing headlines.

Wicks was undeterred and pledged to continue negotiations with tech companies and small news outlets.

”I think there’s a sweet spot somewhere,” she testified.

GOP SWINGS BACK: To no one’s surprise, California Republicans aren’t happy with Newsom’s repeated digs at “conservatives and delusional California bashers” in his State of the State address this morning.

“This is a person that's kind of unhinged and not willing to take responsibility,” Assembly Minority Leader James Gallagher told reporters at a press conference with Sen. Brian Dahle at the state Capitol this morning. The duo rejected Newsom’s suggestion that liberal Californian exceptionalism was the antidote for abortion, immigration and other nationwide issues.

Other Republican state lawmakers ridiculed the governor for delivering remarks virtually that were light on policy but featured a dire warning that conservative “forces of darkness” mirrored the rise of fascism in 1930s Europe.

“Californians deserve more than a pre-recorded commercial for Newsom’s presidential campaign,” state Senate Minority Leader Brian Jones wrote in an X post.

Read our colleague Lara Korte’s recap of Newsom’s remarks here. — Tyler Katzenberger

CARUSO ON CRIME: Former Los Angeles mayor hopeful Rick Caruso — the frequent subject of “will he or won’t he?” speculation on a future mayoral or gubernatorial bid — has endorsed Nathan Hochman, a Republican-turned-independent who is running to oust Los Angeles County District Attorney George Gascón.

“Our current District Attorney appears more concerned with letting criminals reoffend than protecting our communities. Enough is enough of George Gascón’s pro-criminal creeds,” Caruso said in a statement.

Caruso has made no secret of his displeasure with the progressive prosecutor. In the primary, he backed Democrats Jeff Chemerinsky and Eric Siddall in the crowded field challenging Gascón, arguing in part that they’d have a better chance to win in a city that “runs pretty left.

Gascón won just 25 percent of the vote in the primary — a troubling sign for the incumbent — but he’s got the backing of the Democratic establishment including the county party. — Melanie Mason

 

Understand 2024’s big impacts with Pro’s extensive Campaign Races Dashboard, exclusive insights, and key coverage of federal- and state-level debates. Focus on policy. Learn more.

 
 
WHAT WE'RE READING TODAY

— Francis Zamora, chief spokesperson for Oakland Mayor Sheng Thao, has resigned following an FBI raid on Thao’s home last week. (San Francisco Chronicle)

— Fresno Police Chief Paco Balderrama resigned this morning amid an investigation into his alleged affair with a subordinate’s wife. (ABC 30)

— How election conspiracy theories tore apart a remote Northern California county. (CalMatters)

AROUND THE STATE

— Los Angeles Mayor Karen Bass questioned whether masks belong at protests after violent clashes outside a local synagogue Sunday. (Los Angeles Times)

— Border patrol officers falsely imprisoned a 9-year-old U.S. citizen at the Mexican border, a San Diego judge has ruled. (San Diego Union-Tribune)

— The Apache Fire in Butte County has burned more than 600 acres and triggered evacuations for some residents in the small town of Palermo. (San Francisco Chronicle)

— compiled by Tyler Katzenberger

 

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