Assembly OKs Election Day Registration

SACRAMENTO — Seeking to expand participation in California elections, the state Assembly on Wednesday approved a milestone proposal to allow voters to register on election day.

If the plan is passed by the Senate and backed by Gov. Gray Davis, California would join six states that permit voters to register just before casting a ballot.

“California needs an election system that promotes participation, not one that puts artificial deadlines in the way of a citizen’s right to vote,” said Assemblyman Bob Hertzberg (D-Sherman Oaks), who proposed the legislation (AB 1094). It passed 45 to 28.

Californians now must be registered 29 days before an election to cast ballots. Hertzberg’s bill would permit people who show proof of residency to register as they prepare to enter the voting booth.

Without a driver’s license, utility bill or other such proof, they would be allowed to register and cast ballots. Voting officials later would mail a notice to the person to verify residence, and after confirming it could count those ballots.

“People in close elections will have to wait a little longer,” Hertzberg said.

The lawmaker said he has long been bothered by California’s low voter turnout and is “passionate” about seeking to boost it. Estimates of how much turnout would increase range from 8% to 15%.

Now, Hertzberg said, California ranks 41st in state voter turnout. Last November, 41% of eligible Californians voted--a near record low.

Critics say that the measure lacks adequate safeguards to prevent fraud.

Secretary of State Bill Jones, the state’s chief elections officer, opposes Hertzberg’s proposal, in part because he believes that it is important to ensure that no one votes more than once, said Alfie Charles, his spokesman.

Charles said Jones would prefer to see a pilot program enacted that would allow same-day registration in a single special election “so you’re not testing a dramatic reform statewide.”

A similar registration proposal by Sen. Kevin Murray (D-Los Angeles) was recently defeated in the Senate Appropriations Committee.

The other states that permit same-day registration are Idaho, New Hampshire, Maine, Minnesota, Wisconsin and Wyoming. A seventh state, North Dakota, requires no registration.

Other legislative action Wednesday included:

* Pain and suffering: A measure (AB 1380) by Assembly Speaker Antonio Villaraigosa (D-Los Angeles) was approved that for the first time in 25 years would lift the $250,000 ceiling on pain and suffering awards for medical negligence. The bill, approved 46 to 30, calls for an annual increase tied to inflation, beginning next year.

Villaraigosa, who favors an even bigger boost, described the change as “very modest” but indicated that it could be changed in the Senate. Republicans--a minority in the Assembly--strongly opposed the measure, predicting that it would add to the cost of delivering health care and result in fewer Californians being able to afford health insurance.

* Health care: The Assembly approved 41 to 25 legislation (AB 55) by Assemblywoman Carole Migden (D-San Francisco) that would establish a system for independent review of consumer complaints against health plans and allow disgruntled patients to sue their health maintenance organizations.

The Senate passed a similar proposal by Sen. Liz Figueroa (D-Fremont) to hold health maintenance organizations liable for interfering in the quality of care provided to Californians. The bill, passed 21 to 16, allows patients to sue for punitive and economic damages.

* Amusement parks: On a bipartisan 55-13 vote, the Assembly agreed to regulate permanent amusement parks, including Disneyland--site of a fatal Christmas Eve accident--Magic Mountain and Universal Studios. California is one of only 12 states that doesn’t inspect rides at theme parks.

Assemblyman Tom Torlakson (D-Antioch) urged his colleagues to back his bill (AB 850) and “bring California into the next century with this common-sense protection measure.”

* Marijuana: The Senate passed on a bipartisan 27-7 vote a bill that would establish a $3-million research program to examine the safety and efficacy of marijuana as a medicinal drug for patients with cancer, AIDS and other painful illnesses. The measure (SB 847) by Sen. John Vasconcellos (D-Santa Clara) is aimed at resolving the public debate over use of marijuana prompted by voter passage of Proposition 15, which legalized medicinal use of marijuana.

* Mental health: By a 54-14 margin, the Assembly passed a measure by Assemblywoman Helen Thomson (D-Davis) to require that health care plans provide coverage for severe mental illnesses and, in the case of children, for serious emotional disturbances.

* Jurors: The Assembly overwhelmingly approved 73 to 1 a measure (AB 592) by Migden to boost from $5 to $12.50 a day the fee jurors receive.

* Drivers: The Senate passed a bill (SB 335) by Sen. Tom Hayden (D-Los Angeles) that would require motorists age 75 and older to take a behind-the-wheel test to renew driver’s licenses. Hayden said the driving test was necessary to ensure that the elderly can operate vehicles safely though their vision and reflexes may be declining. The measure was sent to the Assembly on a 21-17 vote.

*

Times staff writer Nancy Hill Holtzman contributed to this report.