BILL ANALYSIS
------------------------------------------------------------
|SENATE RULES COMMITTEE | SCA 4|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: SCA 4
Author: Maldonado (R), et al
Amended: 2/19/09
Vote: 27
WITHOUT REFERENCE TO COMMITTEE OR FILE
SUBJECT : Elections: open primary
SOURCE : Author
DIGEST : This bill enacts the Top-Two Candidates Open
Primary Act to have all registered voters otherwise
qualified to vote to be guaranteed the unrestricted right
to vote for the candidate of their choice at all state and
congressional elections.
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.
Specifics of Senate Constitutional Amendment (SCA) 4
1.Provides that all candidates, regardless of party
affiliation, be listed on a single ballot at primary
elections for state and congressional offices and that
CONTINUED
SCA 4
Page
2
only the two candidates who receive the greatest number
of votes at the primary would appear on a general
election ballot for that office. All voters, regardless
of party affiliation, would be permitted to vote those
ballots. Political parties will still be permitted to
limit voting on party officers (e.g., county central
committees), and for President to voters who are
affiliated with their respective parties.
2.Permits candidates for state and Congressional offices to
indicate on the ballot their political party preference,
if any.
3.Prohibits political parties form nominating candidates
for these offices in any manner but does not prohibit the
parties from endorsing or opposing any of these
candidates.
4.As implemented by the statutory component, does not
affect the manner in which the nonpartisan Superintendent
of Public Instruction is elected.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
DLW:cm 2/19/09 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
**** END ****