BILL NUMBER: SB 1730 CHAPTERED
BILL TEXT
CHAPTER 817
FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2004
APPROVED BY GOVERNOR SEPTEMBER 27, 2004
PASSED THE SENATE AUGUST 26, 2004
PASSED THE ASSEMBLY AUGUST 23, 2004
AMENDED IN ASSEMBLY AUGUST 19, 2004
AMENDED IN ASSEMBLY JULY 1, 2004
AMENDED IN ASSEMBLY JUNE 23, 2004
AMENDED IN SENATE MAY 12, 2004
AMENDED IN SENATE APRIL 27, 2004
INTRODUCED BY Senator Johnson
(Coauthors: Senators Ackerman, Alpert, Ashburn, Bowen, Chesbro,
Denham, Ducheny, Escutia, and Murray)
(Coauthors: Assembly Members Bates, Cox, Frommer, Haynes,
Houston, Maze, Pacheco, Runner, and Wyland)
FEBRUARY 20, 2004
An act to amend Sections 316, 340, 1000, 1001, 1201, 1202, 1500,
6180, and 6952 of the Elections Code, relating to primary elections.
LEGISLATIVE COUNSEL'S DIGEST
SB 1730, Johnson. Primary elections.
Existing law requires that the statewide direct primary election
be held on the first Tuesday in March in each even-numbered year. It
requires that, in any year evenly divisible by the number 4, the
statewide direct primary election be consolidated with the
presidential primary held on the first Tuesday in March in those
years. Existing law establishes certain dates as established
election dates, including the first Tuesday after the first Monday in
June of each even-numbered year. Existing law establishes certain
dates, including the first Tuesday after the first Monday in June of
each even-numbered year, as mailed ballot election dates.
This bill would instead require that the statewide direct primary
election be held on the first Tuesday after the first Monday in June
of each year. The bill would make the first Tuesday after the first
Monday in June of each year an established election date. The bill
would also establish the first Tuesday after the first Monday in
March of each even-numbered year as an established mail ballot
election date. By requiring a higher level of service by local
elections officials, this bill would impose a state-mandated local
program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 316 of the Elections Code is amended to read:
316. "Direct primary" is the primary election held on the first
Tuesday after the first Monday in June in each even-numbered year, to
nominate candidates to be voted for at the ensuing general election
or to elect members of a party central committee.
SEC. 2. Section 340 of the Elections Code is amended to read:
340. "Presidential primary" is the primary election that is held
on the first Tuesday after the first Monday in June in any year which
is evenly divisible by the number four, and at which delegations to
national party conventions are to be chosen.
SEC. 3. Section 1000 of the Elections Code is amended to read:
1000. The established election dates in each year are as follows:
(a) The second Tuesday of April in each even-numbered year.
(b) The first Tuesday after the first Monday in March of each
odd-numbered year.
(c) The first Tuesday after the first Monday in June in each year.
(d) The first Tuesday after the first Monday in November of each
year.
SEC. 4. Section 1001 of the Elections Code is amended to read:
1001. Elections held in June and November of each even-numbered
year are statewide elections and these dates are statewide election
dates.
SEC. 5. Section 1201 of the Elections Code is amended to read:
1201. (a) The statewide direct primary shall be held on the first
Tuesday after the first Monday in June of each even-numbered year.
(b) Notwithstanding subdivision (a), in any year which is evenly
divisible by the number four, the statewide direct primary shall be
held on the first Tuesday after the first Monday in June and shall be
consolidated with the presidential primary held in that year.
SEC. 6. Section 1202 of the Elections Code is amended to read:
1202. The presidential primary shall be held on the first Tuesday
after the first Monday in June in any year evenly divisible by the
number four.
SEC. 7. Section 1500 of the Elections Code is amended to read:
1500. The established mailed ballot election dates are as
follows:
(a) The first Tuesday after the first Monday in May of each year.
(b) The first Tuesday after the first Monday in March of each
even-numbered year.
(c) The last Tuesday in August of each year.
SEC. 8. Section 6180 of the Elections Code is amended to read:
6180. At least 68 days before a presidential primary election,
the Secretary of State shall transmit to each county elections
official a certified list containing the name of each candidate who
is entitled to be voted for on the ballot at the presidential
primary, and the name of each chairperson of a steering committee of
an uncommitted delegation who is to be voted for on the same ballot.
If no uncommitted delegation has qualified pursuant to Article 4
(commencing with Section 6060), the Secretary of State shall inform
the county elections officials to provide for an uncommitted delegate
space on the ballot.
The certified list shall be in substantially the following form:
Certified List of Presidential Candidates and Uncommitted
Delegations
To the County Elections Official of __________ County:
I, ________, Secretary of State, do hereby certify that
the
following list contains the name of each person who is
entitled
to be voted for as a candidate of the Democratic Party at the
presidential primary election to be held on the _______ day
of
June, 20__, and the name of each chairperson of a steering
committee of an uncommitted delegation which is entitled to
be
voted for on the ballot.
List of Presidential Candidates and Uncommitted Delegations
Linda Adams
Joseph Black
John Reardon
Unpledged delegation
Paul Minor,
Chairperson
Dated at Sacramento, California, this __________ day
of _________, 20__.
____________________________
(SEAL) Secretary of State
SEC. 9. Section 6952 of the Elections Code is amended to read:
6952. The certified list required by Section 6951 shall be in
substantially the following form:
CERTIFIED LIST OF CANDIDATES FOR PRESIDENTIAL PREFERENCE
PRIMARY AND CANDIDATES FOR NATIONAL CONVENTION DELEGATE
To the County Elections Official of ____ County:
I, ____, Secretary of State, do hereby certify that the names of
the candidates to appear on the June ____, 20__, Peace and Freedom
Party presidential preference primary ballot, in the order in which
they are to appear, are:
____________________________ ______________________________
____________________________ ______________________________
etc. etc.
I further certify that the following list contains the name and
post office address of each person who is entitled to be voted for at
the June ____, 20__, Peace and Freedom Party presidential primary
election as a candidate for delegate to the next national convention
of the ____ Party with which the Peace and Freedom Party of
California is affiliated on the national level. I further certify
that the groups of candidates for delegate each appear under the name
of the person for whom the group has expressed a preference as
nominee of the Peace and Freedom Party for President, or under the
name of the group chairperson in case of a group not expressing a
preference, and that the groups are listed in the order in which they
are to appear on the national convention delegate portion of the
Peace and Freedom Party presidential primary ballot.
LIST OF CANDIDATES FOR NATIONAL CONVENTION
DELEGATE
PEACE AND FREEDOM PARTY
______________________________________________________________
--------------------------------------------------------------
Candidates
preferring
____________________
______________________________________________________________
Name Address
--------------------------------------------------------------
Top of group
1 _________________________ _________________________
2 _________________________ _________________________
3 _________________________ _________________________
etc. etc.
______________________________________________________________
______________________________________________________________
--------------------------------------------------------------
Candidates expressing
no preference
(Name of chairperson)
_____________________
______________________________________________________________
Name Address
--------------------------------------------------------------
Top of group
1 ________________________ _________________________
2 ________________________ _________________________
3 ________________________ _________________________
etc. etc.
______________________________________________________________
Dated at Sacramento, California, this _____ day of _______,
20__.
_______________________________
(SEAL) Secretary of State
SEC. 10. Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.