BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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                                 THIRD READING


          Bill No:  SB 6
          Author:   Maldonado (R), et al
          Amended:  2/19/08
          Vote:     21

           
          WITHOUT REFERENCE TO COMMITTEE OR FILE


           SUBJECT  :    Elections:  open primary

           SOURCE  :     Author


           DIGEST  :    This bill implements SCA 4 (Maldonado) the  
          Top-Two Candidates Open Primary Act.

           ANALYSIS  :    The California Constitution currently provides  
          that a political party that participated in a primary  
          election for a partisan office has the right to participate  
          in the general election for that office and shall not be  
          denied the ability to place on the general election ballot  
          the candidate who received, at the primary election, the  
          highest vote among that party's candidates.

          SB 6 implements the statutory implementing language of SCA  
          4 as follows:

           1.Permits voters to register as indicating "no party  
             preference" in a manner similar to the current option of  
             declining to state a party preference.  Provides for  
             various mechanisms to inform voters of this option and  
             the ramifications thereof including notices on  
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             affidavits of registration, in the ballot pamphlet,  
             ballots themselves, and at polling places.

           2.Requires voters to indicate a party preference when  
             registering in order to vote in primary elections for a  
             party's Presidential nominee and for party officers  
             (county central committees), unless the party in  
             question otherwise permits unaffiliated voters to do so  
             (similar to current law permitting "DTS" participation  
             in partisan primaries at the discretion of the parties).

           3.Provides that "independent" candidates must appear on  
             the primary ballot and must be one of the two candidates  
             who receive the greatest number of votes to appear on  
             the general election ballot.

           4.Repeals the provision of law prohibiting an  
             "independent" candidate from being a member of a  
             political party in the 13 months prior to a general  
             election.

           5.Prohibits candidates from switching their party  
             preference between the primary and general elections.

           6.Provides that any voters may sign a candidate's  
             nomination papers for state or Congressional office.

           7.Requires the Secretary of State to post on her website  
             each affected candidates' party preference history for  
             the 10 years preceding each relevant election.

           8.Repeals the provision of law permitting party central  
             committees to appoint a replacement candidate if their  
             party's nominee dies prior to the general election.

           9.Provides that in a special election to fill a  
             legislative or congressional vacancy that if no  
             candidate receives a majority of all votes cast in the  
             special primary that the two candidates who receive the  
             greatest number of votes shall appear on the special  
             general ballot regardless of party affiliation.   
             (Current law provides that if a special general election  
             is necessary then the top "vote-getter" from each party  
             represented in the special primary appears on the  







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             special general ballot).

          10.Requires county elections officials to print lists of  
             party endorsed candidates if parties provide them.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

          DLW:do  2/19/09   Senate Floor Analyses 

                       SUPPORT/OPPOSITION:  NONE RECEIVED

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