BILL NUMBER: AB 1689 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Torres
JANUARY 26, 2010
An act to amend Sections 6002, 6003, 6020, 6023, 6024, 6041, 6042,
6080, 6082, 6101, 6105, 6108, 6122, 6145, 6160, 6180, 6240, 6241,
and 6950 of, to repeal Sections 6004, 6005, 6021, 6086, 6087, and
6100 of, to repeal Article 11 (commencing with Section 6200) of
Chapter 1 of Part 1 of Division 6 of the Elections Code, relating to
elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 1689, as introduced, Torres. Elections: Democratic Party.
(1) Existing law, the Alquist Open Presidential Primary Act,
specifies procedures for the selection of delegates and alternates to
represent the state at the national convention of the Democratic
Party to nominate a candidate for President of the United States.
Under the act, participation in the delegate selection process is
restricted to Democratic voters only who publicly declare their party
preference as Democratic supporters and whose affidavits of
registration declare the Democratic Party as their party affiliation.
The delegates are required to be selected from each congressional
district based on a specified formula.
This bill would generally require that the elements and practices
to select delegates and alternates be the same as set forth in the
standing rules and bylaws of the Democratic National Committee and
the Democratic Party of California. The bill would expand
participation in the delegate selection process to a voter who
declined to state a party affiliation but requested to vote the
ballot of the Democratic Party at the partisan primary election and
would, instead, require that the delegates and alternates be selected
from districts based on a formula adopted by the Democratic Party of
California in compliance with the standing rules and bylaws of the
Democratic National Committee. The bill would also revise timeframes
for certain procedures of the Secretary of State relating to
presidential primary elections.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6002 of the Elections Code is amended to read:
6002. (a) This chapter applies both to the
selection of delegates and alternates pledged to the candidacy of a
particular candidate and to the selection of delegates and alternates
not expressing a preference for a particular candidate.
(b) Except as otherwise specified in this chapter, the elements
and practices to select delegates and alternates shall be the same as
set forth in the standing rules and bylaws of the Democratic
National Committee and the Democratic Party of California, including
the following:
(1) The form and timeline for any required statement of candidacy
for delegate candidates.
(2) The identification of the presidential preference of delegate
candidates.
(3) The schedule for, conduct of, and type of districts used to
organize, caucuses for the selection of district delegate and
alternate candidates.
(4) The selection of delegates and alternates other than those
elected based on the results of district caucuses.
(5) The allocation of delegates and alternates to presidential
preferences based on the results of the primary election.
(6) Any other goals relating to the composition of the delegation.
(c) The Democratic Party of California shall post any standing
rules and bylaws relating to this chapter on its Internet Web site.
SEC. 2. Section 6003 of the Elections Code is amended to read:
6003. (a) Participation in
the delegate selection process in primaries and caucuses
shall be restricted to Democratic voters
only who publicly declare their party preference as
Democratic supporters and whose affidavits of registration
declare the Democratic Party as their party affiliation and any
other voter authorized under subdivision (c) of Section
13102 . At no stage of the delegate selection process
shall any person be required, directly or indirectly, to pay a cost
or fee as a condition for participating in the delegate selection
process.
(b) No person shall participate or vote in the nominating process
for the Democratic presidential candidate who also participates in
the nominating processes of any other party in the same presidential
election year.
(c) No person shall participate in more than one congressional
district delegate caucus.
SEC. 3. Section 6004 of the Elections Code is repealed.
6004. All official Democratic Party meetings and events related
to the national convention delegate selection process, including
caucuses, conventions, committee meetings, filing dates, and party
enrollment periods shall be scheduled for dates, times, and public
places which are consistent with this chapter and which would be most
likely to encourage the participation of all Democrats.
SEC. 4. Section 6005 of the Elections Code is repealed.
6005. (a) In the selection of the state's national convention
delegation as a whole, consideration shall be given to achieving the
goals of the State Democratic Party's affirmative action plan.
(b) There shall be approximately equal division between delegate
men and delegate women and alternate men and alternate women in the
national convention delegation.
SEC. 5. Section 6020 of the Elections Code is amended to read:
6020. (a) The Chairperson of the Democratic State Central
Committee shall notify the Secretary of State on or before the 120th
day preceding the presidential primary as to the number of delegates
and alternates to represent the state in the next national convention
of the Democratic Party.
(b) The chairperson shall also notify the Secretary of State at
the time prescribed in subdivision (a) as to the type of
districts that may be used to select delegates and the number
of delegates that may be selected from each congressional
district in connection with the presidential primary. The
number of delegates and alternates that may be selected
from each congressional district shall be based on
a formula that apportions 75 percent of the state's base
delegation allocated by adopted by the Democratic
Party of California in compliance with the standing rules and bylaws
of the Democratic National Committee , among the
congressional districts in a manner that gives equal weight to the
vote for the Democratic candidates in the most recent presidential
and gubernatorial elections for the national
convention where the nominee of the Democratic Party for President of
the United States will be selected .
The number of delegates allocated to each congressional district
shall be rounded off to the nearest whole integer. The remaining
delegates and alternates shall be selected pursuant to Article 11
(commencing with Section 6200).
(c) Delegates and alternate delegates apportioned to each
congressional district shall be selected based on the proportion of
the vote a presidential candidate or uncommitted delegation receives
within the congressional district pursuant to Section 6200.
SEC. 6. Section 6021 of the Elections Code is repealed.
6021. (a) All persons wishing to be elected to a district-level
or at-large delegate or alternate position shall file a statement of
candidacy designating the presidential or uncommitted preference of
the delegate candidate, and a signed pledge of support for the
presidential candidate the person favors, if any, with the state
party chair by a time specified by the party chair.
(b) If persons eligible for pledged party and elected official
delegate positions have not made known their presidential preference
under subdivision (a), their preferences shall be ascertained through
alternative procedure established by the Democratic State Party. An
alternative system may have a later deadline for submitting a pledge
of support than the regular procedure.
(c) All presidential candidates or uncommitted delegations shall
hold caucuses to select congressional district delegate candidates
and alternate delegate candidates pursuant to Section 6086.
SEC. 7. Section 6023 of the Elections Code is amended to read:
6023. The notification of the number of delegates and alternate
delegates shall be in substantially the following form:
Statement of Number of Delegates and Alternate Delegates to
Democratic National Convention and of Number of Delegates and
Alternate Delegates to Be Selected from Congressional
____ Districts
To the Secretary of State
Sacramento, California
You are hereby notified that the number of delegates and alternate
delegates to represent the State of California in the next national
convention of the Democratic Party is ____.
You are hereby notified that the number of delegates which may be
selected from all congressional ____
districts as a part of the delegation to the national convention of
the Democratic Party is as follows:
Congressional District No. 1. __ delegates __
alternates.
Congressional District No. 2. __ delegates __
alternates.
Congressional District No. 3. __ delegates __
alternates.
(Followed by the remaining congressional
districts).
You are hereby notified that the categories and number
of pledged party and elected official delegates, at-large
delegates, and at-large alternate delegates is
, other than those selected by ____ districts, are
as follows:
Unpledged Party Leaders and Elected Officials ___
Unpledged Add-on Delegates ____
Pledged Party and Elected Official Delegates ____
At-large Delegates ________________
At-large Alternate Delegates ___________
Category ____. ____ Delegates. ____ Alternates.
(Followed by the remaining categories and number of delegates and
alternates).
Dated this ____ day of ____, 19_. 20__.
Chairperson of the State Central
Committee of the Democratic
Party.
SEC. 8. Section 6024 of the Elections Code is amended to read:
6024. If the Chairperson of the Democratic State Central
Committee fails to file the notice required by Section 6020 with the
Secretary of State, the Secretary of State shall ascertain the total
number of delegates from the call for the national convention issued
by the Democratic National Committee of the
Democratic Party and shall compute the number of delegates
which that may be selected from each
congressional district from the
based on a formula specified in Section 6020
by the Democratic National Committee .
SEC. 9. Section 6041 of the Elections Code is amended to read:
6041. The Secretary of State shall place the name of a candidate
upon the presidential primary ballot when he or she has determined
that the candidate is generally advocated for or recognized
throughout the United States or California as actively seeking the
nomination of the Democratic Party for President of the United
States. The Secretary of State shall include as criteria for
selecting candidates the fact of qualifying for funding under the
Federal Elections Campaign Act of 1974, as amended.
Between the 150th day and the 63rd 68th
day preceding a presidential primary election, the Secretary of
State shall publicly announce and distribute to the news media for
publication a list of the selected candidates that he or she intends
to place on the ballot at the following presidential primary
election. After the 63rd day preceding a presidential
primary election, the Secretary of State may add candidates to the
selection, but he or she may not delete any presidential candidate
whose name appears on the announced list except as provided in
Section 6043.
SEC. 10. Section 6042 of the Elections Code is amended to read:
6042. When the Secretary of State decides to place the name of a
candidate on the ballot pursuant to Section 6041, he or she shall
notify the candidate that the candidate's name will appear on the
ballot of this state in the presidential primary election.
The secretary shall also notify the candidate that the candidate
may withdraw his or her name from the list of recognized candidates
by filing with the Secretary of State an affidavit pursuant to
Section 6043 no later than the 60th 68th
day before the presidential primary election.
SEC. 11. Section 6080 of the Elections Code is amended to read:
6080. Each selected candidate and
each candidate who seeks to qualify under Article 4
(commencing with Section 6060) of this chapter and
each group proposing an uncommitted delegation shall appoint a
steering committee of seven members and shall appoint one of the
members to serve as the chairperson.
SEC. 12. Section 6082 of the Elections Code is amended to read:
6082. Each steering committee shall be responsible for the
circulation of nomination papers of candidates who seek to qualify
under Article 4 (commencing with Section 6060) and groups proposing
uncommitted delegations , including the appointment of
verification deputies. Each steering committee shall appoint a caucus
organizer for each congressional district and shall perform the
duties required of it by this chapter .
SEC. 13. Section 6086 of the Elections Code is repealed.
6086. On a day specified by the Democratic State Central
Committee preceding the presidential primary election, at 3 p.m., the
caucus chairperson in each congressional district shall convene a
caucus for the purpose of electing potential delegates and alternate
delegates. The steering committee of each candidate or uncommitted
delegation shall have sole authority to establish rules and
procedures, including the naming of caucus chairpersons, by which the
caucuses of that candidate or uncommitted delegation shall be
conducted. The rules and procedures shall be uniform statewide, and
in compliance with the Democratic State Central Committee's delegate
selection and affirmative action plan. Each caucus shall elect a
slate of delegate nominees in each congressional district pursuant to
Article 2 (commencing with Section 6020), ranked in the manner
specified by this section. The slate shall be transmitted to the
steering committee of each candidate and uncommitted delegation.
Each participant at each caucus shall reside in, and be a
registered Democrat of, the congressional district of the caucus he
or she attends and each shall sign a statement of support for that
presidential candidate or uncommitted delegation. Within five days
after the convening of the caucus, the steering committee of each
candidate or uncommitted delegation shall rank the delegate
candidates from the slate of delegate candidates provided by each
caucus pursuant to procedures in compliance with the Democratic State
Central Committee's delegate selection and affirmative action plan.
Immediately thereafter, the chairperson of a steering committee shall
file with the Secretary of State a statement containing the names of
delegate candidates in ranked order from each congressional
district. In all cases, the slate for each congressional district
shall be equal to the number of delegates and alternate delegates
allotted to each congressional district pursuant to Section 6023.
SEC. 14. Section 6087 of the Elections Code is repealed.
6087. Presidential candidates and uncommitted delegations or
their steering committees shall take steps to ensure public
participation in the delegate selection process, which shall include,
but is not limited to, the convening of congressional district
caucuses to select delegate candidates, the distribution of
information to statewide and community press, informing Democratic
electors of the procedures for delegate candidacy and additional
steps necessary to achieve the representational goals established in
the California Democratic Party's Affirmative Action Plan.
SEC. 15. Section 6100 of the Elections Code is repealed.
6100. This article shall govern the circulation of nomination
papers to qualify unselected candidates and uncommitted delegations
for placement on the presidential primary ballot.
SEC. 16. Section 6101 of the Elections Code is amended to read:
6101. Nomination papers to be circulated pursuant to Section 6061
shall be prepared, circulated, signed, and verified and shall be
left for examination with the county elections official of the county
in which they are circulated at least 63 73
days prior to the presidential primary election.
SEC. 17. Section 6105 of the Elections Code is amended to read:
6105. Any nomination paper may be presented in sections. Each
section shall contain the name of the candidate or chairperson of the
steering committee in the case of uncommitted delegations. Each
section shall bear the name of the county in which it is circulated.
Only voters of the county registered as intending to
affiliate with whose affidavits of registration
declare the Democratic Party as their party affiliation
are competent to sign.
SEC. 18. Section 6108 of the Elections Code is amended to read:
6108. The nomination paper for the presidential primary ballot
shall be in substantially the following form:
SECTION OF NOMINATION PAPER SIGNED BY VOTER ON
BEHALF OF A PRESIDENTIAL CANDIDATE OR
UNCOMMITTED DELEGATE
Section ____ Page _
County of ____. Nomination paper of a candidate or
uncommitted delegation for the presidential
primary ballot.
State of )
California ) ss.
County of ______
SIGNER'S STATEMENT
I, the undersigned, am a voter of the County of
____, State of California, and am registered as
intending to affiliate d with the
Democratic Party. I
hereby
I hereby nominate ____ for the presidential
nominate ____ for the presidential primary to be
primary to be held on the ____ day of ____, 20__.
I have not
I have not signed the nomination paper of
any other
candidate
o ther candidate o r uncommitted delegation, and
I further
declare
further declare that I intend to support the
candidate or
candidate or uncommitted delegation named
herein.
___________________________________________________
___________________________________________________
Number Signature Printed name Residence
___________________________________________________
1. ______________________________________________
2. ______________________________________________
3. ______________________________________________
etc. ______________________________________________
___________________________________________________
CIRCULATOR'S AFFIDAVIT
I, ____, solemnly swear (or affirm) that I
secured signatures in the County of ____ to the
nomination paper of a candidate or uncommitted
delegation for the presidential primary ballot
named in the signer's statement above;
that all the signatures on this section of the
nomination paper numbered from 1 to __,
inclusive, were made in my presence, and that to
the best of my knowledge and belief each
signature is the genuine signature of the person
whose name it purports to be. The signatures
were obtained between ____, 20__ , and ____, 20__.
(Signed)_______________________
Circulator
Subscribed and sworn to before me this ____ day
of ____, 20__.
_______________________________
Notary Public (or other
(SEAL) official)
SEC. 19. Section 6122 of the Elections Code is amended to read:
6122. Circulators may obtain signatures to the nomination paper
for which they were appointed at any time between the period of
120 130 days and 63
73 days, inclusive, prior to the presidential primary
election.
SEC. 20. Section 6145 of the Elections Code is amended to read:
6145. The county elections official's certificate to nomination
papers shall be in substantially the following form:
Certificate of County Elections Official to
Nomination Papers
To the Secretary of
State:
I, Elections Official of the County of ____,
hereby certify that
I have examined the nomination papers to which
this certificate is
attached, of the candidate or uncommitted
delegation, as the case
may be, for purposes of qualifying for
placement on the ballot at the
ensuing presidential primary, that the number of
names which I have
not marked ""not sufficient'' is
____.
Dated this ____ day of ____, 19 20 _
_ .
_________,County Elections
Official
(seal) By _______________, Deputy
SEC. 21. Section 6160 of the Elections Code is amended to read:
6160. At least 60 68 days before a
presidential primary, the Secretary of State shall notify each
steering committee whether or not it has qualified a candidate or
uncommitted delegation for placement on the ballot pursuant to
Section 6060.
SEC. 22. 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. 23. Article 11 (commencing with Section 6200) of Chapter 1 of
Part 1 of Division 6 of the Elections Code is repealed.
SEC. 24. Section 6240 of the Elections Code is amended to read:
6240. Notwithstanding any other provision of law, a space shall
be provided on the presidential primary ballot for a voter to write
in the name of a delegate nominee for election as an
unpledged delegate candidate for nomination by the
Democratic Party for President of the United States .
SEC. 25. Section 6241 of the Elections Code is amended to read:
6241. Any person who believes his or her name may be used as a
write-in candidate for unpledged delegate
nomination by the Democratic Party for President of the United States
shall, not later than 21 days before the primary election,
file for endorsement of his or her write-in candidacy with the
Secretary of State, or no votes shall be counted for him or her.
SEC. 26. Section 6950 of the Elections Code is amended to read:
6950. Within three days of receiving the names of delegate
candidates from the chairpersons of the steering committees
, as provided for in Section 6086, the Secretary of State
shall transmit to each elections official a certified list, for each
congressional district wholly or partially within that county,
containing the names of the delegate candidates selected and pledged
to each candidate or uncommitted delegation who is entitled to be
voted for on the ballot at the presidential primary.
The certified list shall be in substantially the following form:
Certified List of Delegate Candidates
In the ____ Congressional District
To the County Elections Official of ____ County:
I, ____, Secretary of State, do hereby certify that the following
persons, listed beneath the name of the presidential candidate or
uncommitted delegation they are pledged to, are the delegate
candidates who will represent the voters of this congressional
district at the ____ Democratic National Convention to the extent,
based on his or her proportional share of the total votes for
president in this district, that each presidential candidate or
uncommitted delegation is entitled to delegates from this district.
List of Delegates Pledged to
Presidential
Candidates and Uncommitted
Delegations
In the _____ Congressional District
Delegates Pledged Delegates Pledged
to to
Rosaly Janice
Lever Atkinson
Deborah John Mott-
Seiler Smith
Elaine Rosa Garcia-
Ginnold Viteri
George Mann Bruce
Bolinger
Darren Chesin Mary DeLost
Delegates Pledged
Delegates Pledged to
to Unpledged
Christopher Zirkle Delegation,
James Ashford,
Chairperson
Mark Terry Abra
Reynaga
Romulo Sylvia
Lopez Cheng
Linda M. Michael
Gonzalez Ognisty
Joe Ayala Bill
Pitts
Lori Joseph Lynne Chinn
Dated at Sacramento, California, this ________
day of
________, 19 20 __ _
.
______Secretary of State
(seal)