BILL NUMBER: SB 6 CHAPTERED
BILL TEXT
CHAPTER 1
FILED WITH SECRETARY OF STATE FEBRUARY 20, 2009
APPROVED BY GOVERNOR FEBRUARY 20, 2009
PASSED THE SENATE FEBRUARY 19, 2009
PASSED THE ASSEMBLY FEBRUARY 19, 2009
AMENDED IN SENATE FEBRUARY 19, 2009
INTRODUCED BY Senator Maldonado
DECEMBER 1, 2008
An act to amend Sections 13, 334, 337, 2150, 2151, 2152, 2154,
8025, 8062, 8068, 8081, 8121, 8124, 8142, 8148, 8150, 8300, 8550,
8600, 8605, 8805, 8807, 10705, 10706, 12108, 13102, 13105, 13110,
13206, 13207, 13208, 13230, 13300, 13302, 13305, 15451, 15452, 15670,
15671, 19300, and 19301 of, to amend Part 1 of Division 7 of, to add
Sections 300.5, 325, 332.5, 338.5, 359.5, 8002.5, 8005, 8141.5,
8606, 9083.5, 9084.5, 13109.5, and 14105.1 to, to add Chapter 0.5
(commencing with Section 6000) to Part 1 of Division 6 of, to amend
and renumber Section 6000 of, to repeal and add Section 8125 of, to
repeal Sections 8802 and 8806 of, the Elections Code, and to amend
Section 88001 of the Government Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
SB 6, Maldonado. Elections: primaries.
Existing provisions of the California Constitution require the
Legislature to provide for primary elections for partisan offices,
including an open presidential primary election, as specified. The
California Constitution also provides that all judicial, school,
county, and city offices are nonpartisan offices, and a political
party or party central committee is prohibited from endorsing,
supporting, or opposing a candidate for these offices.
This measure would permit a voter, at the time of registration, to
choose whether or not to disclose a party preference. This measure
would also provide that a voter may vote for the candidate of his or
her choosing in the primary election, regardless of his or her
disclosure or non-disclosure of party preference.
This measure would provide for a "voter-nominated primary election"
for each state elective office and congressional office in
California, in which a voter may vote at the primary election for any
candidate for congressional or state elective office without regard
to the political party preference disclosed by either the candidate
or the voter. The 2 candidates receiving the 2 highest vote totals
for each office at a primary election, regardless of party
preference, would then compete for the office at the ensuing general
election.
The measure would further provide that a candidate for a
congressional or state elective office generally may choose whether
to have his or her political party preference indicated upon the
ballot for that office in the manner to be provided by statute.
This measure would not change existing law as it relates to
presidential primaries.
Because this bill would change the duties of local elections
officials, it 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.
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.
This bill would provide that it would become operative only if SCA
4 is approved by the voters.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 13 of the Elections Code is amended to read:
13. (a) No person shall be considered a legally qualified
candidate for any office, for party nomination for a partisan office,
or for nomination to participate in the general election for any
voter-nominated office, under the laws of this state unless that
person has filed a declaration of candidacy or statement of write-in
candidacy with the proper official for the particular election or
primary, or is entitled to have his or her name placed on a general
election ballot by reason of having been nominated at a primary
election, or having been selected to fill a vacancy on the general
election ballot as provided in Section 8806, or having been selected
as an independent candidate pursuant to Section 8304.
(b) Nothing in this section shall be construed as preventing or
prohibiting any qualified voter of this state from casting a ballot
for any person by writing the name of that person on the ballot, or
from having that ballot counted or tabulated, nor shall any provision
of this section be construed as preventing or prohibiting any person
from standing or campaigning for any elective office by means of a
"write-in" campaign. However, nothing in this section shall be
construed as an exception to the requirements of Section 15341.
(c) It is the intent of the Legislature, in enacting this section,
to enable the Federal Communications Commission to determine who is
a "legally qualified candidate" in this state for the purposes of
administering Section 315 of Title 47 of the United States Code.
SEC. 2. Section 300.5 is added to the Elections Code, to read:
300.5. "Affiliated with a political party" as used in reference
to a voter or to a candidate for a voter-nominated office means the
party preference that the voter or candidate has disclosed on his or
her affidavit of registration.
SEC. 3. Section 325 is added to the Elections Code, to read:
325. "Independent status" means a voter's indication of "No Party
Preference" as provided in Section 2151 and Section 2154.
SEC. 4. Section 332.5 is added to the Elections Code, to read:
332.5. "Nominate" means the selection, at a state-conducted
primary election, of candidates who are entitled by law to
participate in the general election for that office, but does not
mean any other lawful mechanism that a political party may adopt for
the purposes of choosing the candidate who is preferred by the party
for a nonpartisan or voter nominated office.
SEC. 5. Section 334 of the Elections Code is amended to read:
334. "Nonpartisan office" means an office, except for a
voter-nominated office, for which no party may nominate a candidate.
Judicial, school, county, and municipal offices are nonpartisan
offices.
SEC. 6. Section 337 of the Elections Code is amended to read:
337. "Partisan office" or "party nominated office" means any of
the following offices:
(a) President of the United States, Vice President of the United
States, and the delegates therefor.
(b) Elected member of a party committee.
SEC. 7. Section 359.5 is added to the Elections Code, to read:
359.5. (a) "Voter-nominated office" means a congressional or
state elective office for which any candidate may choose to have his
or her party preference or lack of party preference indicated upon
the ballot. A political party or party central committee shall not
nominate a candidate at a state-conducted primary election for a
voter-nominated office. The primary conducted for a voter-nominated
office does not serve to determine the nominees of a political party
but serves to winnow the number of candidates to a final list of two
for the general election. The following offices are voter-nominated
offices:
(1) Governor.
(2) Lieutenant Governor.
(3) Secretary of State.
(4) State Treasurer.
(5) Controller.
(6) State Insurance Commissioner.
(7) Member of the Board of Equalization.
(8) Attorney General.
(9) State Senator.
(10) Member of the Assembly.
(11) United States Senator.
(12) Member of the United States House of Representatives.
(b) This section does not prohibit a political party or party
central committee from endorsing, supporting, or opposing a candidate
for a candidate listed in subdivision (a).
SEC. 8. Section 2150 of the Elections Code is amended to read:
2150. (a) The affidavit of registration shall show:
(1) The facts necessary to establish the affiant as an elector.
(2) The affiant's name at length, including his or her given name,
and a middle name or initial, or if the initial of the given name is
customarily used, then the initial and middle name. The affiant's
given name may be preceded, at affiant's option, by the designation
of Miss, Ms., Mrs., or Mr. A person shall not be denied the right to
register because of his or her failure to mark a prefix to the given
name and shall be so advised on the voter registration card. This
subdivision shall not be construed as requiring the printing of
prefixes on an affidavit of registration.
(3) The affiant's place of residence, residence telephone number,
if furnished, and e-mail address, if furnished. No person shall be
denied the right to register because of his or her failure to furnish
a telephone number or e-mail address, and shall be so advised on the
voter registration card.
(4) The affiant's mailing address, if different from the place of
residence.
(5) The affiant's date of birth to establish that he or she will
be at least 18 years of age on or before the date of the next
election.
(6) The state or country of the affiant's birth.
(7) (A) In the case of an applicant who has been issued a current
and valid driver's license, the applicant's driver's license number.
(B) In the case of any other applicant, other than an applicant to
whom subparagraph (C) applies, the last four digits of the applicant'
s social security number.
(C) If an applicant for voter registration has not been issued a
current and valid driver's license or a social security number, the
state shall assign the applicant a number that will serve to identify
the applicant for voter registration purposes. To the extent that
the state has a computerized list in effect under this subdivision
and the list assigns unique identifying numbers to registrants, the
number assigned under this subparagraph shall be the unique
identifying number assigned under the list.
(8) The affiant's political party preference.
(9) That the affiant is currently not imprisoned or on parole for
the conviction of a felony.
(10) A prior registration portion indicating whether the affiant
has been registered at another address, under another name, or as
preferring another party. If the affiant has been so registered, he
or she shall give an additional statement giving that address, name,
or party.
(b) The affiant shall certify the content of the affidavit as to
its truth and correctness, under penalty of perjury, with the
signature of his or her name and the date of signing. If the affiant
is unable to write he or she shall sign with a mark or cross.
(c) The affidavit of registration shall also contain a space that
would enable the affiant to state his or her ethnicity or race, or
both. An affiant may not be denied the ability to register because he
or she declines to state his or her ethnicity or race.
(d) If any person, including a deputy registrar, assists the
affiant in completing the affidavit, that person shall sign and date
the affidavit below the signature of the affiant.
(e) The affidavit of registration shall also contain a space to
permit the affiant to apply for permanent vote by mail status.
(f) The Secretary of State may continue to supply existing
affidavits of registration to county elections officials prior to
printing new or revised forms that reflect the changes made to this
section by the act that added this subdivision.
SEC. 9. Section 2151 of the Elections Code is amended to read:
2151. (a) At the time of registering and of transferring
registration, each elector may disclose the name of the political
party that he or she prefers. The name of that political party shall
be stated in the affidavit of registration and the index.
(b) (1) The voter registration card shall inform the affiant that
any elector may decline to state a political party reference, but no
person shall be entitled to vote the ballot of any political party at
any primary election for President of the United States or for a
party committee unless he or she has disclosed the name of the party
that he or she prefers or unless he or she has declined to disclose a
party preference and the political party, by party rule duly noticed
to the Secretary of State, authorizes a person who has declined to
disclose a party preference to vote the ballot of that political
party. The voter registration card shall further inform the affiant
that any registered voter may vote for any candidate at a primary
election for state elective office or congressional office,
regardless of the disclosed party preference of the registrant or the
candidate seeking that office or the refusal of the registrant or
candidate to disclose a party preference. This notice shall be
printed in 12 point Times New Roman font.
(2) The voter registration card shall include a listing of all
qualified political parties. The voter registration card shall
include a listing of all qualified political parties. As part of that
listing, the voter registration card shall also contain an option
designated "No Party Preference." This option shall be placed at the
beginning of the listing of qualified political parties.
(c) No person shall be permitted to vote the ballot of any party
or for any delegates to the convention of any party other than the
party disclosed as preferred in his or her registration, except as
provided by Section 2152 or unless he or she has declined to disclose
a party preference and the party, by party rule duly noticed to the
Secretary of State, authorizes a person who has declined to state a
party affiliation to vote the party ballot or for delegates to the
party convention.
(d) As of the effective date of the statute that added this
subdivision, any voter who previously stated a political party
affiliation when registering to vote shall be deemed to have
disclosed that same party as his or her a political party preference
unless the voter files a new affidavit of registration disclosing a
different political party preference or no political party
preference. Any voter who previously declined to state a party
affiliation shall be deemed to have chosen the "No Party Preference"
option unless the voter files a new affidavit of registration
disclosing a different political party preference.
SEC. 10. Section 2152 of the Elections Code is amended to read:
2152. Whenever any voter has declined to disclose or has changed
his or her party preference prior to the close of registration for an
election, he or she may either so disclose or have a change recorded
by executing a new affidavit of registration and completing the
prior registration portion of the affidavit.
SEC. 11. Section 2154 of the Elections Code is amended to read:
2154. In the event that the county elections official receives an
affidavit of registration that does not include portions of the
information for which space is provided, the county elections
official voters shall apply the following rebuttable presumptions:
(a) If no middle name or initial is shown, it shall be presumed
that none exists.
(b) If no party preference is shown, it shall be presumed that the
affiant has chosen the "No Party Preference" designation.
(c) If no execution date is shown, it shall be presumed that the
affidavit was executed on or before the 15th day prior to the
election, provided that (1) the affidavit is received by the county
elections official on or before the 15th day prior to the election,
or (2) the affidavit is postmarked on or before the 15th day prior to
the election and received by mail by the county elections official.
(d) If the affiant fails to identify his or her state of birth
within the United States, it shall be presumed that the affiant was
born in a state or territory of the United States if the birthplace
of the affiant is shown as "United States," "U.S.A.," or other
recognizable term designating the United States.
SEC. 12. Section 6000 of the Elections Code is amended and
renumbered to read:
6000a. This chapter shall be known and may be cited as the
"Alquist Open Presidential Primary Act."
SEC. 13. Chapter 0.5 (commencing with Section 6000) is added to
Part 1 of Division 6 of the Elections Code, to read:
CHAPTER 0.5. GENERAL PROVISIONS
6000. All references to a voter's or candidate's party
"registration" or "affiliation" in this part shall refer to the party
preference or lack of party preference disclosed by the voter or
candidate in accordance with Sections 2151 and 2152 and subdivision
(b) of Section 2154.
SEC. 14. The heading of Part 1 (commencing with Section 7000) of
Division 7 of the Elections Code is amended to read:
PART 1. GENERAL PROVISIONS
SEC. 15. Chapter 1 (commencing with Section 7000) of Part 1 of
Division 7 of the Elections Code is repealed.
SEC. 16. Section 7000 is added to the Elections Code, to read:
7000. All references to a voter's or candidate's party
"registration" or "affiliation" in this division shall refer to the
party preference or lack of party preference disclosed by the voter
or candidate in accordance with Sections 2151 and 2152 and
subdivision (b) of Section 2154.
SEC. 17. Section 8002.5 is added to the Elections Code, to read:
8002.5. (a) A candidate for a voter-nominated office may indicate
his or her party preference, or lack of party preference, as
disclosed upon the candidate's most recent statement of registration,
upon his or her declaration of candidacy. If a candidate indicates
his or her party preference on his or her declaration of candidacy,
it shall appear on the primary and general election ballot in
conjunction with his or her name. The candidate's designated party
preference on the ballot shall not be changed between the primary and
general election. A candidate for voter-nominated office may also
choose not to have the party preference disclosed upon the candidate'
s most recent affidavit of registration indicated upon the ballot.
(b) Regardless of the disclosed party preference of the candidate
or the voter, any qualified voter may vote for any candidate for a
voter-nominated office if the voter is otherwise entitled to vote for
candidates for the office to be filled. Nothing in Section 2151,
3006, 3007.5, 3205, or 3102 shall be construed to limit the ability
of a voter to cast a primary election ballot for any candidate for a
voter-nominated office, regardless of the party preference, or lack
of party preference, designated by the candidate for inclusion upon
the ballot pursuant to this section, provided that the voter is
otherwise qualified to cast a ballot for the office at issue.
(c) A candidate designating a party preference pursuant to
subdivision (a) shall not be deemed to be the official nominee of the
party designated as preferred by the candidate. A candidate's
designation of party preference shall not be construed as an
endorsement of that candidate by the party designated. The party
preference designated by the candidate is shown for the information
of the voters only and may in no way limit the options available to
voters.
(d) All references to party preference or affiliation shall be
omitted from all forms required to be filed by a voter-nominated
candidate pursuant to this division in the same manner that such
references are omitted from forms required to be filed by nonpartisan
candidates pursuant to Section 8002, except that the declaration of
candidacy required by Section 8040 shall include space for the
candidate to list the party preference disclosed upon the candidate's
most recent affidavit of registration, in accordance with subsection
(a).
SEC. 18. Section 8005 is added to the Elections Code, to read:
8005. In addition to satisfying the requirements of Sections
9083.5, 9084.5, and 14105.1, the Secretary of State shall conduct
public voter education campaigns, using existing resources, for the
purpose of publicly disseminating information regarding the roles of
the parties in primary elections for party-nominated offices,
voter-nominated offices, and nonpartisan offices.
SEC. 19. Section 8025 of the Elections Code is amended to read:
8025. If only one candidate has declared a candidacy for a
partisan nomination at the direct primary election for a party
qualified to participate at that election, or for nomination at the
direct primary for a voter-nominated office, and that candidate dies
after the last day prescribed for the delivery of nomination
documents to the elections official, as provided in Section 8020, but
not less than 83 days before the election, any person qualified
under the provisions of Section 8001 may circulate and deliver
nomination documents for the office to the elections official up to 5
p.m. on the 74th day prior to the election. In that case, the
elections official shall, immediately after receipt of those
nomination documents, certify and transmit them to the Secretary of
State in the manner specified in this article.
SEC. 20. Section 8062 of the Elections Code is amended to read:
8062. (a) The number of registered voters required to sign a
nomination paper for the respective offices are as follows:
(1) State office or United States Senate, not less than 65 nor
more than 100.
(2) House of Representatives in Congress, State Senate or
Assembly, Board of Equalization, or any office voted for in more than
one county, and not statewide, not less than 40 nor more than 60.
(3) Candidacy in a single county or any political subdivision of a
county, other than State Senate or Assembly, not less than 20 nor
more than 40.
(4) With respect to a candidate for a political party committee,
any political party has less than 50 voters in the state or in the
county or district in which the election is to be held, one-tenth the
number of voters of the party.
(5) When there are less than 150 voters in the county or district
in which the election is to be held, not less than 10 nor more than
20.
(b) The provisions of this section are mandatory, not directory,
and no nomination paper shall be deemed sufficient that does not
comply with this section. However, this subdivision shall not be
construed to prohibit withdrawal of signatures pursuant to Section
8067. This subdivision also shall not be construed to prohibit a
court from validating a signature which was previously rejected upon
showing of proof that the voter whose signature is in question is
otherwise qualified to sign the nomination paper.
SEC. 21. Section 8068 of the Elections Code is amended to read:
8068. Signers shall be voters in the district or political
subdivision in which the candidate is to be voted on. With respect to
any candidacy for partisan office, signers shall be affiliated
registered voters who disclosed a preference, pursuant to Section
2151, for the party, if any, in which the nomination is proposed.
Signers need not be registered voters who disclosed a preference for
any party when signing candidacy papers for a candidate seeking
nomination to a voter-nominated office.
SEC. 22. Section 8081 of the Elections Code is amended to read:
8081. Before any nomination document is filed in the office of
the county elections official or forwarded for filing in the office
of the Secretary of State, the county elections official shall verify
the signatures and the political preferences, if required, of the
signers on the nomination paper with the registration affidavits on
file in the office of the county elections official. The county
elections official shall mark "not sufficient" any signature that
does not appear in the same handwriting as appears on the affidavit
of registration in his or her office, or that is accompanied by a
declaration of party preference that is not in accordance with the
declaration of party preference in the affidavit of registration. The
county elections official may cease to verify signatures once the
minimum requisite number of signatures has been verified.
SEC. 23. Section 8121 of the Elections Code is amended to read:
8121. (a) Not less than five days before he or she transmits the
certified list of candidates to the county elections officials, as
provided in Section 8120, the Secretary of State shall notify each
candidate for partisan office and voter-nominated office of the
names, addresses, offices, occupations, and party preferences of all
other persons who have filed for the same office.
(b) (1) Beginning not less than five days before he or she
transmits the certified list of candidates to the county elections
officials, as required by Section 8120, the Secretary of State shall
post, in a conspicuous place on his or her Internet Web site, the
party preference history of each candidate for voter-nominated office
for the preceding 10 years. The candidates' party preference history
shall be continuously posted until such time as the official canvass
is completed for the general or special election at which a
candidate is elected to the voter-nominated office sought, except
that, in the case of a candidate who participated in the primary
election and who was not nominated to participate in the general
election, the candidate's party preference history need not continue
to be posted following the completion of the official canvass for the
primary election in question.
(2) For purposes of this subdivision, the phrase "party preference
history" also refers to the candidate's history of party
registration during the 10 years preceding the effective date of this
section.
(3) The Secretary of State shall also conspicuously post on the
same web page as that containing the candidates' party preference
history the notice specified by of subdivision (b) of Section 9083.5.
SEC. 24. Section 8124 of the Elections Code is amended to read:
8124. The certified list of candidates sent to each county
elections official by the Secretary of State shall show all of the
following:
(a) The name of each candidate.
(b) The office for which each person is a candidate.
(c) With respect to candidates for partisan offices, the party
each person represents.
(d) With respect to candidates for voter-nominated offices, the
party preference designation specified in accordance with Section
8002.5.
SEC. 25. Section 8125 of the Elections Code is repealed.
SEC. 26. Section 8125 is added to the Elections Code, to read:
8125. The certified list of candidates sent to each county
elections official by the Secretary of State shall be in a form
prescribed by the Secretary of State.
SEC. 27. Section 8141.5 is added to the Elections Code, to read:
8141.5. Only the two candidates for a voter-nominated office who
receive the highest and second-highest numbers of votes cast at the
primary shall appear on the ballot as candidates for that office at
the ensuing general election. More than one candidate with the same
party preference designation may participate in the general election
pursuant to this subdivision. Notwithstanding the designation made by
the candidate pursuant to Section 8002.5, no candidate for a
voter-nominated office shall be deemed to be the official nominee for
that office of any political party, and no party is entitled to have
a candidate with its party preference designation participate in the
general election unless such candidate is one of the two candidates
receiving the highest or second-highest numbers of votes cast at the
primary election.
SEC. 28. Section 8142 of the Elections Code is amended to read:
8142. (a) In the case of a tie vote, nonpartisan candidates
receiving the same number of votes shall be candidates at the ensuing
general election if they qualify pursuant to Section 8141 whether or
not there are more candidates at the general election than
prescribed by this article. In no case shall the candidates determine
the tie by lot.
(b) In the case of a tie vote among candidates at a primary
election for a voter-nominated office, the following applies:
(1) All candidates receiving the highest number of votes cast for
any candidate shall be candidates at the ensuing general election
whether or not there are more candidates at the general election than
prescribed by this article.
(2) Notwithstanding Section 8141.5, if a tie vote among candidates
results in more than one primary candidate qualifying for the
general election pursuant to subdivision (a), candidates receiving
fewer votes shall not be candidates at the general election, even if
they receive the second highest number of votes cast.
(3) If only one candidate receives the highest number of votes
cast but there is a tie vote among two or more candidates receiving
the second highest number of votes cast, each of those second-place
candidates shall be a candidate at the ensuing general election along
with the candidate receiving the highest number of votes cast,
regardless of whether there are more candidates at the general
election than prescribed by this article.
(4) In no case shall the candidates determine the tie by lot.
SEC. 29. Section 8148 of the Elections Code is amended to read:
8148. Not less than 68 days before the general election, the
Secretary of State shall deliver to the appropriate county elections
official a certificate showing:
(a) The name of every person entitled to receive votes within that
county at the general election who has received the nomination as a
candidate for public office pursuant to this chapter, and the
designation of the public office for which he or she has been
nominated.
(b) For each nominee for a partisan office, the name of the party
that has nominated him or her.
(c) For each nominee for a voter-nominated office, the name of the
party preference, or lack of party preference, as designated by the
candidate in accordance with Section 8002.5.
SEC. 30. Section 8150 of the Elections Code is amended to read:
8150. The certificate of the Secretary of State showing
candidates nominated or selected at a primary election, and justices
of the Supreme Court and courts of appeal to appear on the general
elections ballot, shall be in a form prescribed by the Secretary of
State.
SEC. 31. Section 8300 of the Elections Code is amended to read:
8300. A candidate for any public office, including that of
presidential elector, for which no nonpartisan candidate or candidate
for voter-nominated office has been nominated or elected at any
primary election, may be nominated subsequent to or in lieu of a
primary election pursuant to this chapter.
SEC. 32. Section 8550 of the Elections Code is amended to read:
8550. At least 88 days prior to the election, each candidate
shall leave with the officer with whom his or her nomination papers
are required to be left, a declaration of candidacy which states all
of the following:
(a) The candidate's residence, with street and number, if any.
(b) That the candidate is a voter in the precinct in which he or
she resides.
(c) The name of the office for which he or she is a candidate.
(d) That the candidate will not withdraw as a candidate before the
election.
(e) That, if elected, the candidate will qualify for the office.
The name of a candidate shall not be placed on the ballot unless
the declaration of candidacy provided for in this section has been
properly filed.
SEC. 33. Section 8600 of the Elections Code is amended to read:
8600. Every person who desires to be a write-in candidate and
have his or her name as written on the ballot of an election counted
for a particular office shall file:
(a) A statement of write-in candidacy that contains the following
information:
(1) Candidate's name.
(2) Residence address.
(3) A declaration stating that he or she is a write-in candidate.
(4) The title of the office for which he or she is running.
(5) The party nomination which he or she seeks, if running in a
partisan primary election.
(6) The date of the election.
(b) The requisite number of signatures on the nomination papers,
if any, required pursuant to Sections 8062, 10220, 10510 or, in the
case of a special district not subject to the Uniform District
Election Law (Part 4 (commencing with Section 10500) of Division 10),
the number of signatures required by the principal act of the
district.
SEC. 34. Section 8605 of the Elections Code is amended to read:
8605. No person whose name has been written in upon a ballot for
an office at the direct primary may have his or her name placed upon
the ballot as a candidate for that office for the ensuing general
election unless one of the following is applicable:
(a) At that direct primary he or she received for a partisan
office votes equal in number to 1 percent of all votes cast for the
office at the last preceding general election at which the office was
filled. In the case of an office that has not appeared on the ballot
since its creation, the requisite number of votes shall equal 1
percent of the number of all votes cast for the office that had the
least number of votes in the most recent general election in the
jurisdiction in which the write-in candidate is seeking office.
(b) He or she is an independent nominee for a partisan office
pursuant to Part 2 (commencing with Section 8300).
(c) At that direct primary he or she received for a
voter-nominated office the highest number of votes cast for that
office or the second highest number of votes cast for that office,
except as provided by subdivision (b) of Section 8142 or Section
8807.
SEC. 35. Section 8606 is added to the Elections Code, to read:
8606. A person whose name has been written on the ballot as a
write-in candidate at the general election for a voter-nominated
office shall not be counted.
SEC. 36. Section 8802 of the Elections Code is repealed.
SEC. 37. Section 8805 of the Elections Code is amended to read:
8805. Whenever a candidate for nomination for a nonpartisan or
voter-nominated office at a primary election dies on or before the
day of the election, and a sufficient number of ballots are marked as
being voted for him or her to entitle him or her to nomination if he
or she had lived until after the election, a vacancy exists on the
general election ballot, which shall be filled in the manner provided
in Section 8807 for filling a vacancy caused by the death of a
candidate.
SEC. 38. Section 8806 of the Elections Code is repealed.
SEC. 39. Section 8807 of the Elections Code is amended to read:
8807. If the vacancy occurs among candidates chosen at the direct
primary to go on the ballot for the succeeding general election for
a nonpartisan or voter-nominated office, the name of that candidate
receiving at the primary election the next highest number of votes
shall go upon the ballot to fill the vacancy.
SEC. 40. Section 9083.5 is added to the Elections Code, to read:
9083.5. (a) If a candidate for nomination or election to a
partisan office will appear on the ballot, the Secretary of State
shall include in the state ballot pamphlet a written explanation of
the electoral procedure for such offices, as follows:
PARTY-NOMINATED/PARTISAN OFFICES
Under the California Constitution, political parties may formally
nominate candidates for party-nominated/partisan offices at the
primary election. A candidate so nominated will then represent that
party as its official candidate for the office in question at the
ensuing general election and the ballot will reflect an official
designation to that effect. The top vote-getter for each party at the
primary election is entitled to participate in the general election.
Parties also elect officers of official party committees at a
partisan primary.
No voter may vote the ballot of any political party at any primary
election unless he or she has disclosed a preference for that party
upon registering to vote or unless he or she has declined to disclose
a party preference and the political party, by party rule duly
noticed to the Secretary of State, authorizes a person who has
declined to disclose a party preference to vote the ballot of that
political party.
(b) If any candidate for nomination or election to a
voter-nominated office will appear on the ballot, the Secretary of
State shall include in the state ballot pamphlet a written
explanation of the electoral procedure for such offices, as follows:
VOTER-NOMINATED OFFICES
Under the California Constitution, political parties are not
entitled to formally nominate candidates for voter-nominated offices
at the primary election, and a candidate nominated for a
voter-nominated office at the primary election is not the official
nominee of any party for the office in question at the ensuing
general election. A candidate for nomination or election to a
voter-nominated office may, however, designate his or her party
preference, or lack of party preference, and have that designation
reflected on the primary and general election ballot, but the party
designation so indicated is selected solely by the candidate and is
shown for the information of the voters only. It does not constitute
or imply an endorsement of the candidate by the party designated, and
no candidate nominated by the qualified voters for any
voter-nominated office shall be deemed to be the officially nominated
candidate of any political party. The parties may have a list of
candidates for voter-nominated offices, who have received the
official endorsement of the party, printed in the sample ballot.
All voters, regardless of the party for which they have expressed
a preference upon registering, or of their refusal to disclose a
party preference, may vote for any candidate for a voter-nominated
office, provided they meet the other qualifications required to vote
for that office. The top two vote-getters at the primary election
advance to the general election for the voter-nominated office, and
both candidates may have specified the same party preference
designation. No party is entitled to have a candidate with its party
preference designation participate in the general election unless
such candidate is one of the two highest vote-getters at the primary
election.
(c) If any candidate for nomination or election to a nonpartisan
office, other than judicial office, shall appear on the ballot, the
Secretary of State shall include in the state ballot pamphlet a
written explanation of the electoral procedure for such offices, as
follows:
NONPARTISAN OFFICES
Under the California Constitution, political parties are not
entitled to nominate candidates for nonpartisan offices at the
primary election, and a candidate nominated for a nonpartisan office
at the primary election is not the official nominee of any party for
the office in question at the ensuing general election. A candidate
for nomination or election to a nonpartisan office may NOT designate
his or her party preference, or lack of party preference, on the
primary and general election ballot. The top two vote-getters at the
primary election advance to the general election for the nonpartisan
office.
(d) Posters or other printed materials containing the notices
specified in subdivisions (a) to (c), inclusive, shall be included in
the precinct supplies pursuant to Section 14105.
SEC. 41. Section 9084.5 is added to the Elections Code, to read:
9084.5. In addition to the materials specified in Section 9084,
the ballot pamphlet shall contain a written explanation of the
appropriate election procedures for party-nominated, voter-nominated,
and nonpartisan offices as required by Section 9083.5.
SEC. 42. Section 10705 of the Elections Code is amended to read:
10705. (a) All candidates shall be listed on one ballot and,
except as provided in subdivision (b), if any candidate receives a
majority of all votes cast, he or she shall be declared elected, and
no special general election shall be held.
(b) If only one candidate qualifies to have his or her name
printed on the special general election ballot, that candidate shall
be declared elected, and no special general election shall be held.
SEC. 43. Section 10706 of the Elections Code is amended to read:
10706. If no candidate receives a majority of votes cast, the
names of the two candidates who receive the highest and second
highest number of votes cast at the special primary election shall be
placed on the special general election ballot.
SEC. 44. Section 12108 of the Elections Code is amended to read:
12108. In any case where this chapter requires the posting or
distribution of a list of the names of precinct board members, or a
portion of the list, the officers charged with the duty of posting
shall ascertain the name of the political party, if any, for which
each precinct board member has expressed a preference, as shown in
the affidavit of registration of that person. When the list is posted
or distributed, there shall be printed the name of the board member'
s party preference or an abbreviation of the name to the right of the
name, or immediately below the name, of each precinct board member.
If a precinct board member has not expressed a preference for a
political party, the words " "No Party Preference" shall be printed
in place of the party name.
SEC. 45. Section 13102 of the Elections Code is amended to read:
13102. (a) All voting shall be by ballot. There shall be
provided, at each polling place, at each election at which public
officers are to be voted for, but one form of ballot for all
candidates for public office, except that, for partisan primary
elections, one form of ballot shall be provided for each qualified
political party as well as one form of nonpartisan ballot, in
accordance with subdivision (b).
(b) At partisan primary elections, each voter not registered
disclosing a preference with any one of the political parties
participating in the election shall be furnished only a nonpartisan
ballot, unless he or she requests a ballot of a political party and
that political party, by party rule duly noticed to the Secretary of
State, authorizes a person who has declined to disclose a party
preference to vote the ballot of that political party. The
nonpartisan ballot shall contain only the names of all candidates for
nonpartisan offices, voter-nominated offices, and measures to be
voted for at the primary election. Each voter registered as
preferring a political party participating in the election shall be
furnished only a ballot for which he or she disclosed a party
preference in accordance with Section 2151 or 2152 and the
nonpartisan ballot, both of which shall be printed together as one
ballot in the form prescribed by Section 13207.
(c) A political party may adopt a party rule in accordance with
subdivision (b) that authorizes a person who has declined to disclose
a party preference to vote the ballot of that political party at the
next ensuing partisan primary election. The political party shall
notify the party chair immediately upon adoption of that party rule.
The party chair shall provide written notice of the adoption of that
rule to the Secretary of State not later than the 135th day prior to
the partisan primary election at which the vote is authorized.
(d) The county elections official shall maintain a record of which
political party's ballot was requested pursuant to subdivision (b),
or whether a nonpartisan ballot was requested, by each person who
declined to disclose a party preference. The record shall be made
available to any person or committee who is authorized to receive
copies of the printed indexes of registration for primary and general
elections pursuant to Section 2184. A record produced pursuant to
this subdivision shall be made available in either a printed or
electronic format, as requested by the authorized person or
committee.
SEC. 46. Section 13105 of the Elections Code is amended to read:
13105. (a) In the case of candidates for a voter-nominated office
in a primary election, a general election, or a special election to
fill a vacancy in the office of United States Senator, Member of the
United States House of Representatives, State Senator, or Member of
the Assembly, immediately to the right of and on the same line as the
name of the candidate, or immediately below the name if there is not
sufficient space to the right of the name, there shall be identified
in eight-point roman lowercase type the name of the political party
designated by the candidate pursuant to Section 8002.5. The
identification shall be in substantially the following form: "My
party preference is the ________ Party." If the candidate designates
no political party, the phrase "No Party Preference" shall be printed
instead of the party preference identification. If the candidate
chooses not to have his or her party preference listed on the ballot,
the space that would be filled with a party preference designation
shall be left blank.
(b) In the case of candidates for President and Vice President,
the name of the party shall appear to the right of and equidistant
from the pair of names of these candidates.
(c) If for a general election any candidate for President of the
United States or Vice President of the United States has received the
nomination of any additional party or parties, the name(s) shall be
printed to the right of the name of the candidate's own party. Party
names of a candidate shall be separated by commas. If a candidate has
qualified for the ballot by virtue of an independent nomination, the
word "Independent" shall be printed instead of the name of a
political party in accordance with the above rules.
SEC. 47. Section 13109.5 is added to the Elections Code, to read:
13109.5. Notwithstanding anything in Section 13109 to the
contrary, and to facilitate compliance with Section 13206, the
elections official may list the offices specified in subdivision (h)
of Section 13109 directly after the offices specified in subdivisions
(a) and (b) of Section 13109, when the offices specified in those
subsections are on the ballot, or at the end of the ballot in
elections at which the offices specified in subdivisions (a) and (b)
of Section 13109 are not listed on the ballot.
SEC. 48. Section 13110 of the Elections Code is amended to read:
13110. The group of names of candidates for any partisan office,
voter-nominated office, or nonpartisan office shall be the same on
the ballots of all voters entitled to vote for candidates for that
office, except that in partisan primary elections, the names of
candidates for nomination to partisan office shall appear only on the
ballots of the political party, the nomination of which they seek,
and candidates for election to a political party committee shall
appear only on the ballots of the political party for which the
candidate seeks election.
SEC. 49. Section 13206 of the Elections Code is amended to read:
13206. (a) On the partisan ballot used in a direct primary
election, immediately below the instructions to voters, there shall
be a box not less than one-half inch high enclosed by a heavy-ruled
line the same as the borderline. This box shall be as long as there
are columns for the partisan ballot and shall be set directly above
these columns. Within the box shall be printed in 24-point boldface
gothic capital type the words "Party-Nominated Offices." Immediately
below that phrase within the same box shall be printed, in 8-point
boldface gothic type, the following: "Only voters who disclosed a
preference upon registering to vote for the same party as the
candidate seeking the nomination of any party for the Presidency or
election to a party committee may vote for that candidate at the
primary election, unless the party has adopted a rule to permit
non-party voters to vote in its primary elections."
(b) The same style of box described in subdivision (a) shall also
appear over the columns of the nonpartisan part of the ballot and
within the box in the same style and point size of type shall be
printed "Voter-Nominated and Nonpartisan Offices." Immediately below
that phrase within the same box shall be printed, in 8-point boldface
gothic type, the following:
"All voters, regardless of the party preference they disclosed
upon registration, or refusal to disclose a party preference, may
vote for any candidate for a voter-nominated or nonpartisan office.
Voter-Nominated Offices. The party preference, if any, designated
by a candidate for a voter-nominated office is selected by the
candidate and is shown for the information of the voters only.
It does not constitute or imply an endorsement of the candidate by
the party indicated, and no candidate nominated by the qualified
voters for any voter-nominated office shall be deemed to be the
officially nominated candidate of any political party.
"Nonpartisan Offices. A candidate for a nonpartisan office may not
designate a party reference on the ballot."
SEC. 50. Section 13207 of the Elections Code is amended to read:
13207. (a) There shall be printed on the ballot in parallel
columns all of the following:
(1) The respective offices.
(2) The names of candidates with sufficient blank spaces to allow
the voters to write in names not printed on the ballot.
(3) Whatever measures have been submitted to the voters.
(b) In the case of a ballot which is intended for use in a party
primary and which carries both partisan offices, voter-nominated
offices, and nonpartisan offices, a vertical solid black line shall
divide the columns containing partisan offices, on the left, from the
columns containing nonpartisan offices and voter-nominated offices,
on the right.
(c) The standard width of columns containing partisan offices,
nonpartisan offices, and voter-nominated offices, shall be three
inches, but a elections official may vary the width of these columns
up to 10 percent more or less than the three-inch standard. However,
the column containing presidential and vice presidential candidates
may be as wide as four inches.
(d) Any measures that are to be submitted to the voters shall be
printed in one or more parallel columns to the right of the columns
containing the names of candidates and shall be of sufficient width
to contain the title and summary of each measure. To the right of
each title and summary shall be printed, on separate lines, the words
"Yes" and "No."
SEC. 51. Section 13208 of the Elections Code is amended to read:
13208. (a) In the right-hand margin of each column light vertical
lines shall be printed in such a way as to create a voting square
after the name of each candidate for partisan office, voter-nominated
office, nonpartisan office (except for justice of the Supreme Court
or court of appeal), or for chairman of a group of candidates for
delegate to a national convention who express no preference for a
presidential candidate. In the case of Supreme Court or appellate
justices and in the case of measures submitted to the voters, the
lines shall be printed so as to create voting squares to the right of
the words "Yes" and "No." The voting squares shall be used by the
voters to express their choices as provided for in the instruction to
voters.
(b) The standard voting square shall be at least three-eighths of
an inch square but may be up to one-half inch square. Voting squares
for measures may be as tall as is required by the space occupied by
the title and summary.
SEC. 52. Section 13230 of the Elections Code is amended to read:
13230. (a) If the county elections official determines that, due
to the number of candidates and measures that must be printed on the
ballot, the ballot will be larger than may be conveniently handled,
the county elections official may provide that a nonpartisan ballot
shall be given to each partisan voter, together with his or her
partisan ballot, and that the material appearing under the heading
"Voter Nominated and Nonpartisan Offices" on partisan ballots, as
well as the heading itself, shall be omitted from the partisan
ballots.
(b) If the county elections official so provides, the procedure
prescribed for the handling and canvassing of ballots shall be
modified to the extent necessary to permit the use of two ballots by
partisan voters. The county elections official may, in this case,
order the second ballot to be printed on paper of a different tint,
and assign to those ballots numbers higher than those assigned to the
ballots containing partisan offices.
(c) "Partisan voters," for purposes of this section, includes both
persons who have disclosed a party preference pursuant to Section
2151 or 2152 and persons who have declined to disclose a party
preference, but who have chosen to vote the ballot of a political
party as authorized by that party's rules duly noticed to the
Secretary of State.
SEC. 53. Section 13300 of the Elections Code is amended to read:
13300. (a) By at least 29 days before the primary, each county
elections official shall prepare separate sample ballots for each
political party and a separate sample nonpartisan ballot, placing
thereon in each case in the order provided in Chapter 2 (commencing
with Section 13100), and under the appropriate title of each office,
the names of all candidates for whom nomination papers have been duly
filed with him or her or have been certified to him or her by the
Secretary of State to be voted for in his or her county at the
primary election.
(b) The sample ballot shall be identical to the official ballots,
except as otherwise provided by law. The sample ballots shall be
printed on paper of a different texture from the paper to be used for
the official ballot.
(c) One sample ballot of the party for which the voter has
disclosed a preference, as evidenced by his or her registration,
shall be mailed to each voter entitled to vote at the primary who
registered at least 29 days prior to the election not more than 40
nor less than 10 days before the election. A nonpartisan sample
ballot shall be so mailed to each voter who is not registered as
preferring with any of the parties participating in the primary
election, provided that on election day any person may, upon request,
vote the ballot of a political party if authorized by the party's
rules, duly noticed to the Secretary of State.
SEC. 54. Section 13302 of the Elections Code is amended to read:
13302. (a) The county elections official shall forthwith submit
the sample ballot of each political party to the chairperson of the
county central committee of that party, and shall mail a copy to each
candidate for whom nomination papers have been filed in his or her
office or whose name has been certified to him or her by the
Secretary of State, to the post office address as given in the
nomination paper or certification. The county elections official
shall post a copy of each sample ballot in a conspicuous place in his
or her office.
(b) In connection with any election at which a candidate for a
voter-nominated office will appear on the ballot, any qualified
political party may submit to the county elections official a list of
all candidates for voter-nominated office who will appear on any
ballot in the county in question, and who have been endorsed by the
party by whatever lawful mechanism the party adopts for endorsing
candidates for voter-nominated office. The county elections official
shall print any such list that is timely received in the sample
ballot. The party chair shall provide a written copy of the list of
candidates endorsed or nominated by the party not later than 83 days
prior to the election at which the candidate for a voter-nominated
office will appear on the ballot.
SEC. 55. Section 13305 of the Elections Code is amended to read:
13305. (a) In each county, the county central committee of each
qualified political party may supply to its county elections
official, not less than 83 days prior to the direct primary election,
a party contributor envelope or a one-page letter, in which both
sides may be utilized, to be included in the mailing of the sample
ballot to each of the registered voters in the county who have
disclosed a preference for that same party on the voter's affidavit
of registration. In lieu of supplying the elections official with a
sufficient number of copies of the one-page letter, a county central
committee may supply the elections official, not less than 83 days
before the direct primary election, with the text of the letter and
request the elections official to print, or cause to be printed, a
sufficient number of copies of the letter to accommodate the mailing.
The elections official shall notify the respective county committee
of, and the committee shall reimburse the county for, any actual
costs incurred by the inclusion or printing, or both. The elections
official may, prior to acting pursuant to this subdivision, require
the county committee to post a bond to ensure the
reimbursement.
(b) Each envelope or letter shall contain a space for the name and
address of the contributor, and shall contain language which informs
the contributor of the manner in which the money received shall be
spent. The language on the envelope or letter shall not contain words
critical of any other political party.
(c) All funds received by the return of the party contributor
envelopes or in response to the letters shall be kept separate from
all other funds and shall be kept in a fund (account) to be
established in each county. Any funds which are prohibited under
federal law from being used for candidates for federal office shall
be further segregated and any portion allocated to candidates shall
be disbursed only to candidates for state office.
SEC. 56. Section 14105.1 is added to the Elections Code, to read:
14105.1. In addition to the materials identified in Section
14105, the elections official shall furnish to the precinct officers
printed copies of the notices specified in Section 9083.5, as
supplied by the Secretary of State. The notices shall be
conspicuously posted both inside and outside every polling place.
SEC. 57. Section 15451 of the Elections Code is amended to read:
15451. The nominees for a voter-nominated office shall be
determined in accordance with Section 8141.5 and subdivision (b) of
Section 8142.
SEC. 58. Section 15452 of the Elections Code is amended to read:
15452. The person who receives a plurality of the votes cast for
any office is elected or nominated to that office in any election,
except:
(a) An election for which different provision is made by any city
or county charter.
(b) A municipal election for which different provision is made by
the laws under which the city is organized.
(c) The election of local officials in primary elections as
specified in Article 8 (commencing with Section 8140) of Part 1 of
Division 8.
(d) The nomination of candidates for voter-nominated office at the
primary election to participate in the general election for that
office as specified in Article 8 (commencing with Section 8140) of
Part 1 of Division 8.
SEC. 59. Section 15670 of the Elections Code is amended to read:
15670. This article applies only to:
(a) Candidates for delegates to a national convention for the
nomination of party candidates for President and Vice President of
the United States.
(b) Candidates for nomination at the direct primary to offices
other than nonpartisan offices or voter-nominated offices.
SEC. 60. Section 15671 of the Elections Code is amended to read:
15671. In case of a tie vote for member of a county central
committee, where the office is to be voted for wholly within one
county, the election board shall forthwith summon the candidates who
have received tie votes to appear before it, at a time and place to
be designated by the board, and the board shall at that time and
place determine the tie by lot.
SEC. 61. Section 19300 of the Elections Code is amended to read:
19300. A voting machine shall, except at a direct primary
election or any election at which a candidate for voter-nominated
office is to appear on the ballot, permit the voter to vote for all
the candidates of one party or in part for the candidates of one
party and in part for the candidates of one or more other parties.
SEC. 62. Section 19301 of the Elections Code is amended to read:
19301. (a) A voting machine shall provide in the general election
for grouping under the name of the office to be voted on, all the
candidates for the office with the designation of the parties, if
any, by which they were respectively nominated or which they
designated pursuant to Section 8002.5.
(b) With respect to party-nominated offices, the designation may
be by usual or reasonable abbreviation of party names. With respect
to voter-nominated offices, the voting machine shall conform to the
format specified in subdivision (b) of Section 13105.
SEC. 63. Section 88001 of the Government Code is amended to read:
88001. The ballot pamphlet shall contain all of the following:
(a) A complete copy of each state measure.
(b) A copy of the specific constitutional or statutory provision,
if any, that would be repealed or revised by each state measure.
(c) A copy of the arguments and rebuttals for and against each
state measure.
(d) A copy of the analysis of each state measure.
(e) Tables of contents, indexes, art work, graphics and other
materials that the Secretary of State determines will make the ballot
pamphlet easier to understand or more useful for the average voter.
(f) A notice, conspicuously printed on the cover of the ballot
pamphlet, indicating that additional copies of the ballot pamphlet
will be mailed by the county elections official upon request.
(g) A written explanation of the judicial retention procedure as
required by Section 9083 of the Elections Code.
(h) The Voter Bill of Rights pursuant to Section 2300 of the
Elections Code.
(i) If the ballot contains an election for the office of United
States Senator, information on candidates for United States Senator.
A candidate for United States Senator may purchase the space to place
a statement in the state ballot pamphlet that does not exceed 250
words. The statement may not make any reference to any opponent of
the candidate. The statement shall be submitted in accordance with
timeframes and procedures set forth by the Secretary of State for the
preparation of the state ballot pamphlet.
(j) If the ballot contains a question as to the confirmation or
retention of a justice of the Supreme Court, information on justices
of the Supreme Court who are subject to confirmation or retention.
(k) If the ballot contains an election for the offices of
President and Vice President of the United States, a notice that
refers voters to the Secretary of State's Internet Web site for
information about candidates for the offices of President and Vice
President of the United States.
(l) A written explanation of the appropriate election procedures
for party-nominated, voter-nominated, and nonpartisan offices as
required by Section 9083.5 of the Elections Code.
SEC. 64. This measure shall be interpreted so as to be consistent
with all federal and state laws, rules, and regulations. This measure
shall be broadly construed in order to achieve the purposes of the
measure above. It is the intent of the Legislature that the
provisions of this measure be interpreted or implemented in a manner
that facilitates the purposes set forth in this measure.
SEC. 65. If any provision of this measure, or part thereof, is for
any reason held to be invalid or unconstitutional, the remaining
provisions shall not be affected, but shall remain in full force and
effect, and to this end the provisions of this measure are severable.
The Legislature declares that this measure, and each section,
subdivision, sentence, clause, phrase, part, or portion thereof,
would have been passed irrespective of the fact that any one or more
sections, subdivisions, sentences, clauses, phrases, parts, or
portions is found to be invalid. If any provision of this measure is
held invalid as applied to any person or circumstance, such
invalidity does not affect any application of this measure that can
be given effect without the invalid application.
SEC. 66. 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.
SEC. 67. This measure shall become operative only if SCA 4 is
approved by the voters.