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California Proposition 52, Election Day Voter Registration Initiative (2002)

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California Proposition 52
Flag of California.png
Election date
November 5, 2002
Topic
Voting policy measures
Status
Defeatedd Defeated
Type
State statute
Origin
Citizens

California Proposition 52 was on the ballot as an initiated state statute in California on November 5, 2002. It was defeated.

A "yes" vote supported allowing eligible voters to register to vote on election day with valid identification, increasing the criminal penalty for committing voter fraud, and creating a fund to implement the measure.

A "no" vote opposed allowing eligible voters to register to vote on election day with valid identification, increasing the criminal penalty for committing voter fraud, and creating a fund to implement the measure.

Election results

California Proposition 52

Result Votes Percentage
Yes 2,888,207 40.94%

Defeated No

4,166,035 59.06%
Results are officially certified.
Source


Text of measure

Ballot title

The ballot title for Proposition 52 was as follows:

Election Day Voter Registration. Voter Fraud Penalties. Initiative Statute.


Ballot summary

The ballot summary for this measure was:

• Allows persons who are legally eligible to vote and have valid identification to register to vote on election day at their polling place.

• Increases criminal penalty for voter and voter registration fraud.

• Criminalizes conspiracy to commit voter fraud.

• Requires trained staff at polling places to manage election day registration, creates fund to implement measure, including training and providing personnel for election day registration.

• Allows persons to register or reregister during 28 days preceding election day at local election offices.

• Provides more time to county election officials to prepare voter registration lists.

Full Text

The full text of this measure is available here.


Fiscal impact

See also: Fiscal impact statement

The fiscal estimate provided by the California Legislative Analyst's Office said:[1]

  • Annual state costs of about $6 million to fund counties for Election Day voter registration activities, thereby resulting in no anticipated net county cost.
  • Minor state administrative costs and unknown, but probably minor, state costs to enforce a new election fraud offense.[2]

Support

Official arguments

The official arguments in support of Proposition 52 were signed by Lee Baca, Los Angeles County Sheriff, and March Fong Eu, former Secretary of State:[1]

PROP 52 PROTECTS YOUR RIGHT TO VOTE AND PROTECTS AGAINST VOTER FRAUD. Every California citizen who is legally eligible should be able to vote on election day. Anyone who tries to vote illegally should be stopped and prosecuted. Presently, California law makes it nearly impossible for some citizens to vote—and too easy for others to commit voter fraud.

Prop 52 ensures that every eligible citizen has the opportunity to vote, and increases penalties for voter fraud. Prop 52 will:

  • Give all legally eligible citizens the right to vote on election day.
  • Allow legally eligible citizens to register and vote on election day only with a valid California driver’s license

or two required forms of identification proving they are California residents voting at the right polling place.

  • Double the penalties for voting illegally or for voter fraud.
  • Provide training to election day poll workers on processing voter registrations and preventing voter fraud.

PROP 52 PREVENTS VOTER FRAUD. Under current state law, there’s no requirement to show identification when registering to vote. Voter fraud laws are too weak and need to be strengthened. Currently county elections officials aren’t required to report voter fraud to law enforcement officials. The existing system has loopholes that have even allowed pets to be registered as voters! Vote Yes on 52.

Prop 52 protects against voter fraud by:

  • Making conspiracy to commit voter fraud a felony, punishable by a long jail sentence.
  • Requiring county elections officials to report fraudulent voting activities to the District Attorney.
  • Requiring unregistered voters who want to vote on election day to prove they are eligible by showing a valid California driver’s license or two required forms of identification proving they are California residents voting at the right polling place.
  • Requiring all polling places to clearly display both the rights of voters and the new penalties for voter fraud.

“'Prop 52 will give law enforcement the vital new tools we need to deter and prevent voter fraud.'—Grover Trask, Riverside County District Attorney

PROP 52 PROTECTS YOUR RIGHT TO VOTE. Today in the U.S., only 49% of eligible voters vote. For the world’s greatest democracy, that’s pitiful. We should do everything possible to get more eligible citizens to the polls. The League of Women Voters of California, the California Professional Firefighters, and the California Nurses Association have all endorsed Prop 52 because they understand the importance of increasing voter turnout.

Currently, outdated quirks in state law prevent many eligible citizens from voting on election day. For example, those who turn 18 or move a few weeks before an election could be deprived of the right to vote. States with laws like Prop 52 lead the nation in voter turnout. The anti-fraud provisions in Prop 52 provide vitally needed new protections against voter fraud.

'Our study shows that election day registration holds enormous promise. It is an easier way to vote. In California, Prop 52 should produce substantially higher voter turnout.'—Mike Alvarez, Ph.D., Caltech[2]

Opposition

Official arguments

The official arguments in opposition to Proposition 52 were signed by Honorable Jan Scully, District Attorney of Sacramento County; Honorable Mike Carona, Sheriff of Orange County; and Sharon Runner, co-chair of Citizens & Law Enforcement Against Election Fraud:[1]

Proposition 52 makes it easier for CRIMINALS, DISHONEST POLITICIANS and NON-CITIZENS to commit ELECTION FRAUD. That’s why District Attorneys, Sheriffs, Cops, and Elections Officials across California urge you to VOTE NO on 52.

Prop. 52 appears well intentioned, until you read the fine print. This poorly drafted measure is full of LOOPHOLES and HIDDEN AGENDAS that will lead to MASSIVE ELECTION FRAUD in California. It’s a classic example of a cure that is worse than the disease.

PROP. 52 DOES NOT REQUIRE PHOTO IDENTIFICATION. California already has one of the most liberal elections laws in the nation. Registration forms are widely available and county elections officials have only 15 days to check for fraud and prepare voter rolls. But under Prop. 52, a person could register and cast a ballot on Election Day with “identification” that is nothing more than any piece of mail addressed to them and a student lease agreement, credit card bill, or other unofficial identification. No photo ID would be required.

If Proposition 52 passes, elections officials will have no way of knowing if the person suddenly registering on Election Day is entitled to vote, or, for that matter, even a citizen of the United States. And they will have no time to check the validity of the registration before the ballot is cast.

PROP. 52 MAKES IT VIRTUALLY IMPOSSIBLE TO DETECT FRAUD AND OVERTURN ELECTIONS WON WITH PHONY VOTES. Under Prop. 52, ballots cast by those registering on Election Day will be mixed together with all other ballots. There will be no way for law enforcement and elections officials to go back after Election Day and determine if an election was won by fraud. The penalties against election fraud contained in Prop. 52 are useless, because the measure makes it impossible to ever prove the crime! District Attorneys, Sheriffs, Cops and Elections Officials OPPOSE Prop. 52. So do Republicans, Democrats, Labor and Taxpayer Groups. Working Californians OPPOSE Prop. 52. Our right to have our vote counted in fair elections will no longer exist in California if this measure passes. Forty-four other states wisely do not allow Election Day registration.

The six small states with laws similar to Prop. 52 are not like California. Our state is too big, and the potential for abuse too high, to enact a law that makes it easier to commit fraud. In a typical election, almost half of legally registered voters choose not to vote. Making it easier for FELONS, NONCITIZENS AND OTHERS NOT QUALIFIED TO VOTE TO COMMIT FRAUD, will not solve the problem of low turn out. In the wake of the controversy and chaos surrounding the 2000 Election in Florida, other states are looking to improve election laws and crack down on vote fraud. California must not go in the other direction by opening the door to fraud and election abuse.

  • PRESERVE THE INTEGRITY of our election system
  • PROTECT YOUR RIGHT TO VOTE in fair elections
  • STOP ELECTION FRAUD
  • Vote NO on PROP. 52![2]

Path to the ballot

In California, the number of signatures required for an initiated state statute is equal to 5 percent of the votes cast at the preceding gubernatorial election. For initiated statutes filed in 2002, at least 419,260 valid signatures were required.

See also


External links

Footnotes

  1. 1.0 1.1 1.2 University of California Hastings, "Voter Guide," accessed April 16, 2021
  2. 2.0 2.1 2.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.