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
CONTINUED
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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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