BILL NUMBER: AB 1689	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 17, 2010

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 add and repeal Section 7110 of, and  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 amended, Torres. Elections: Democratic Party. 

   (1) Existing 
    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.  Participation in the delegate selection process in
primaries shall be restricted to voters whose affidavits of
registration declare the Democratic Party as their party affiliation
and any other voter authorized under subdivision (c) of Section
13102.
  SEC. 3.  Section 6004 of the Elections Code is repealed.
  SEC. 4.  Section 6005 of the Elections Code is repealed.
  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 district in connection with the
presidential primary. The number of delegates and alternates that may
be selected from each district shall be based on a formula adopted
by the Democratic Party of California in compliance with the standing
rules and bylaws of the Democratic National Committee for the
national convention where the nominee of the Democratic Party for
President of the United States will be selected.
  SEC. 6.  Section 6021 of the Elections Code is repealed.
  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 ____ 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 ____ districts as a part of the delegation to the
national convention of the Democratic Party is as follows:

   District No. 1.  __ delegates __ alternates.
   District No. 2.  __ delegates __ alternates.
   District No. 3.  __ delegates __ alternates.
   (Followed by the remaining districts).

   You are hereby notified that the categories and number of
delegates, other than those selected by ____ districts, are as
follows:
   Category ____. ____ Delegates. ____ Alternates.
   (Followed by the remaining categories and number of delegates and
alternates).

   Dated this ____ day of ____, 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 and shall compute the number of
delegates that may be selected from each district based on a formula
specified 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 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.
  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 68th day before the presidential
primary election.
  SEC. 11.  Section 6080 of the Elections Code is amended to read:
   6080.  Each candidate who seeks to qualify under Article 4
(commencing with Section 6060) 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.
  SEC. 13.  Section 6086 of the Elections Code is repealed.
  SEC. 14.  Section 6087 of the Elections Code is repealed.
  SEC. 15.  Section 6100 of the Elections Code is repealed.
  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 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 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
affiliated with the Democratic Party. I hereby
nominate ____ for the presidential primary to be
held on the ____ day of ____, 20__. I have not
signed the nomination paper of any other
candidate or uncommitted delegation, and I further
declare that I intend to support the 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 130
days and 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 ____, 20__.
                          _________,County Elections
                          Official
   (seal)                 By _______________, Deputy


  SEC. 21.  Section 6160 of the Elections Code is amended to read:
   6160.  At least 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.
   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 ____, 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 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 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 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
________, 20__.
                          ______Secretary of State
(seal)


   SEC. 27.    Section 7110 is added to the  
Elections Code   , to read:  
   7110.  (a) Notwithstanding Section 8148, if the Democratic
National Convention will conclude after the deadline for the
Secretary of State to deliver certificates of nomination to local
elections officials pursuant to Section 8148, the Chairperson of the
Democratic State Central Committee shall do one of the following:
   (1) Notify the Secretary of State of the apparent nomination of
the Democratic candidates for President and Vice President of the
United States not less than 78 days prior to the election, if all of
the following conditions apply:
   (A) A candidate for President has attained a sufficient number of
delegate votes to assure his or her nomination at the Democratic
National Convention.
   (B) The candidate described in subparagraph (A) has identified a
person who will be nominated to run for the office of Vice President.

   (C) The Democratic National Convention is likely to nominate the
person who is the choice of the candidate for President in the Vice
Presidential nomination.
   (2) Notify the Secretary of State of the apparent nomination of
the Democratic candidates for President and Vice President of the
United States as soon as each of these apparent nominations become
known but not less than 61 days prior to the election, if all of the
following conditions apply:
   (A) A candidate for President has attained a sufficient number of
delegate votes to assure his or her nomination at the Democratic
National Convention.
   (B) The candidate described in subparagraph (A) has identified a
person who will be nominated to run for the office of Vice President.

   (C) The Democratic National Convention is likely to nominate the
person who is the choice of the candidate for President in the Vice
Presidential nomination.
   (b) The Secretary of State shall prepare the certificates of
nomination required in Section 8148 to include the names of the
Democratic candidates for President and Vice President as notified by
the Chairperson of the Democratic State Central Committee.
   (c) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.