BILL ANALYSIS SENATE COMMITTEE ON ELECTIONS, REAPPORTIONMENT AND CONSTITUTIONAL AMENDMENTS Senator Ron Calderon, Chair BILL NO: SB 113 HEARING DATE:2/7/07 AUTHOR: CALDERON ANALYSIS BY:Darren Chesin AMENDED: AS INTRODUCED FISCAL: YES DESCRIPTION Existing law requires the statewide direct primary election to be held on the first Tuesday after the first Monday in June each even numbered year and requires that the presidential primary election be consolidated with that June election in any year evenly divisible by the number 4. This bill would instead require that the presidential primary election be held on the first Tuesday in February in any year evenly divisible by the number 4 while maintaining the statewide direct primary election on its current June date. This bill would result in holding three separate statewide elections during presidential election years, i.e., a presidential primary in February, a state primary in June, and the general election in November. This bill also makes various findings and declarations regarding California's role in the presidential nominating process. BACKGROUND Shifting Primary Dates . Since 1993, California has moved its presidential primary date three times. In 1993, the Legislature moved the presidential primary election for 1996 from June to late March in an attempt to gain greater influence in selecting the political parties' nominees for President. At the time, the late-March election would have been one of the earliest primary elections in the nation. Subsequently, a number of other states moved up their primary elections as well, and California still had little influence in the presidential nominating process. For 2000 and 2004, California held its primary on the first Tuesday in March, again hoping to leapfrog in front of other states and to play a major role in choosing the Presidential nominees. But again other states jumped ahead of California. Prior to California's March 2, 2004 Primary, 20 other states had already apportioned their delegates in primaries or caucuses. California shared its March 2, 2004 Primary date with nine other states. Later in 2004, frustrated by declining turnout in the state's March primary election, and by a lengthened campaign season for state and local races, the Legislature moved the primary election for both Presidential and non-Presidential elections back to June. COMMENTS 1.According to the author , California is the biggest and most influential state in the union yet its current June presidential primary virtually ensures that the major party nominees will be determined long before our voters cast their ballots. A February presidential primary will encourage presidential candidates to campaign here and to debate and discuss issues and policies important to our people. California voters deserve to play a major role in deciding the presidential nominees. 2.Who's on First ? Assuming no further changes by other states, a February 5, 2008 presidential primary will place California fifth in the nation behind only the Iowa caucuses (January 14), the Nevada Democratic party caucuses (January 19), the New Hampshire primary (January 22) and the South Carolina primary (January 29). However, several other states either have scheduled, or are anticipated to schedule, their presidential primary for February 5. If this bill is chaptered, it may encourage even more states to follow suit. 3.June Swoon ? It is unknown whether or not a February presidential primary will negatively affect voter turnout in the June statewide primary. While one could argue that deleting the presidential candidates from the June ballot removes an incentive to vote. On the other hand, since the major party nominees will have long been decided, keeping the moot presidential primary in June SB 113 (CALDERON) Page 2 may only serve to frustrate voters which could arguably hurt turnout even more. 4.DNC Rules Changes . The Democratic National Committee (DNC) is considering a rule change which will award "bonus delegates" to states that either do not change the date of their primary or change it to a later, rather than earlier, date. Senator Perata and Speaker Nunez jointly authored a letter to DNC Chairman Howard Dean urging the DNC to reject that proposal. 5.Related Legislation . AB 157 (Plescia), which has not yet been referred to Assembly policy committee, is similar in intent to this bill. 6.Prior Legislation . AB 2196 (Costa), Chapter 828 of 1993, required the presidential primary election to be held on the fourth Tuesday in March, and to be consolidated with the statewide direct primary election, but only for the 1996 election. SB 1999 (Costa), Chapter 913 of 1998, required the statewide direct primary election to be moved to the first Tuesday in March, and to be consolidated with the presidential primary election in presidential election years. SB 1730 (Johnson), Chapter 817 of 2004, requires the statewide direct primary election to be held on the first Tuesday after the first Monday in June, and to be consolidated with the presidential primary election in presidential election years. AB 2949 (Umberg) of 2006, which was held on the Assembly Appropriations Committee suspense file, would have required the Secretary of State (SOS) to schedule California's presidential primary election before, or on the same day as, the earliest presidential primary election held in any other state. POSITIONS Sponsor: Author SB 113 (CALDERON) Page 3 Support: None received Oppose: None received SB 113 (CALDERON) Page 4