BILL NUMBER: AB 1413 AMENDED
BILL TEXT
AMENDED IN SENATE JANUARY 5, 2012
AMENDED IN SENATE SEPTEMBER 2, 2011
AMENDED IN SENATE AUGUST 17, 2011
INTRODUCED BY Assembly Member Fong
MARCH 14, 2011
An act to amend Sections 13, 300.5, 332.5, 334,
337, 359.5, 2026, 2150, 2151,
2152, 2154, 2155, 3006, 3007.5, 3205,
7100, 8002.5, 8025, 8040, 8041, 8062, 8068, 8081,
8106, 8121, 8124, 8141.5, 8142, 8148, 8300, 8600, 8606,
8803, 8805, 8807, 9083.5, 10704, 10706, 12104,
12108, 13102, 13105, 13107, 13206, 13207, 13212,
13230, 13300, 13302, 15340, 15402, 15560, and
19301 of, to add Section 13206.5 to, and to repeal
Sections 325 , 7000, and 9084.5
, and 15451 of, to amend and renumber Section 6000a of, and
to repeal Chapter 0.5 (commencing with Section 6000) of Part 1 of
Division 6 of, the Elections Code, and to amend
Sections 85312 and 85703 of the Government Code, relating to
elections , and declaring the urgency thereof, to take effect
immediately .
LEGISLATIVE COUNSEL'S DIGEST
AB 1413, as amended, Fong. Elections.
Existing provisions of the California Constitution require 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 the primary election, regardless of party preference,
compete for the office at the general election. Existing provisions
of the Elections Code implement the "voter-nominated primary election"
of the California Constitution.
This bill would make technical revisions to provisions of the
Elections Code to reflect the "voter-nominated primary election"
process. The bill also would conform the procedures
applicable if there is only one candidate affiliated with a
particular political party who has declared candidacy for nomination
at the primary, and that candidate dies before the primary election
but after the last day to deliver nomination papers, as specified, to
existing procedures applicable if a candidate for a partisan office
dies under those same circumstances. The bill would conform
the procedures applicable in case of a tie in the primary election
for voter-nominated offices to the existing provisions applicable to
specified partisan offices. The bill would impose requirements for
forms relating to declaration of candidacy for voter-nominated
offices , state ballot pamphlets, and ballots .
Existing law also provides that a person's residence for voting
purposes means a person's domicile, and that a person may only have
one domicile. Existing law defines domicile to be the place in which
a person's habitation is fixed and where the person intends to remain
or return to whenever absent. Existing law also provides that, for
purposes of determining the domicile of a Member of the Legislature
or a Representative in the Congress of the United States, it shall be
conclusively presumed that the residence address indicated on that
person's currently filed affidavit of registration is that person's
domicile.
This bill would provide that, notwithstanding any other provision
of law and notwithstanding any evidence or circumstance other than
the affidavit of registration, the domicile of a Member of the
Legislature or a Representative in the Congress of the United States
is conclusively presumed to be the address indicated on that person's
currently filed affidavit of registration.
This bill would incorporate additional changes in Section 8600 of
the Elections Code proposed by AB 362, to be operative only if AB 362
and this bill are both enacted and become effective on or before
January 1, 2012, both bills amend Section 8600, and this bill is
enacted after AB 362.
Existing law requires 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 to file a statement of
write-in candidacy that contains specified information.
This bill would require that a statement of write-in candidacy for
a voter-nominated office also include a certification of the
candidate's complete voter registration and party affiliation or
preference history for the preceding 10 years, or for as long as he
or she has been eligible to vote in the state if less than 10 years.
This bill would also provide that a person may not be a write-in
candidate at the general election for a voter-nominated office.
Existing law states that a vacancy exists on a general election
ballot 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.
This bill would instead require the name of the candidate for
nomination for a voter-nominated office at a primary election to
appear on the general election ballot under those circumstances.
Existing law prohibits a vacancy on the general election ballot to
be filled except if the elections official ascertained the candidate'
s death at least 68 days before the date of the ensuing general
election.
This bill would prohibit a vacancy on the general election ballot
for a voter-nominated office to be filled without exception. This
bill would require the name of a candidate who dies but is otherwise
entitled to appear on the general election ballot to appear on the
ballot and would require the votes cast for the deceased candidate to
be counted in determining the results of the election for that
office.
The Political Reform Act of 1974 defines and regulates campaign
contributions and expenditures, including payments made by a
political party for communications with its members.
This bill would make conforming changes to those provisions to
reflect the voter-nominated primary election process.
The Political Reform Act of 1974, an initiative measure, provides
that the Legislature may amend the act to further the act's purposes
upon a 2/3 vote of each house and compliance with specified
procedural requirements.
This bill would declare that it furthers the purposes of the act.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: yes. State-mandated local program: no.
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 A person shall not
be considered a legally qualified candidate for any
an office, for party nomination for a partisan
office, or for nomination to participate in the general election for
any a 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 8807 , 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 a 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
a person from standing or campaigning for any
an 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 or to permit a
person to be a write-in candidate contrary to Sections
8600 and 8606 .
(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 325 of the Elections
Code is repealed.
325. "Independent status" means a voter's indication of "No Party
Preference" as provided in Section 2151 and Section 2154.
SEC. 3. 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 , including the
Superintendent of Public Instruction, are nonpartisan offices.
SEC. 4. Section 359.5 of the Elections
Code is amended to read:
359.5. (a) "Voter-nominated office" means a congressional or
state elective office for which any a
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 to the candidates
receiving the highest or second highest number of votes cast at the
primary election . The following offices are voter-nominated
offices:
(1) Governor.
(2) Lieutenant Governor.
(3) Secretary of State.
(4) State Treasurer Controller .
(5) Controller Treasurer .
(6) State Insurance Commissioner Attorney
General .
(7) Member of the Board of Equalization
Insurance Commissioner .
(8) Attorney General Member of the State
Board of Equalization .
(9) State United States
Senator.
(10) Member of the Assembly United States
House of Representatives .
(11) United States State Senator.
(12) Member of the United States House of Representatives
Assembly .
(b) This section does not prohibit a political party or party
central committee from endorsing, supporting, or opposing a candidate
for a candidate an office listed in
subdivision (a).
SEC. 5. Section 2151 of the Elections
Code is amended to read:
2151. (a) At the time of registering and of transferring
registration, each an 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 an elector may decline to
state disclose a political party preference, but
no a person shall not be
entitled to vote the ballot of any a
political party at any a 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 a 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. As part of that listing, the voter
registration card shall also contain an option designated
"No Party Preference." that permits the affiant to
decline to disclose a party preference. This option shall be
placed at the beginning end of the
listing of qualified political parties.
(c) No A person shall not
be permitted to vote the ballot of any a
party or for any delegates to the convention
of any a 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 disclose a party affiliation
preference 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 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 declined to disclose a party
preference unless the voter files a new affidavit of
registration disclosing a different political party preference.
(e) The Secretary of State may continue to supply existing
affidavits of registration prior to printing new or revised forms
that reflect the changes required pursuant to any amendment made to
this section.
SEC. 6. 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
declined to disclose a party preference
.
(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. 7. Section 2155 of the Elections
Code is amended to read:
2155. Upon receipt of a properly executed affidavit of
registration or address correction notice or letter pursuant to
Section 2119, Article 2 (commencing with Section 2220), or the
National Voter Registration Act of 1993 (42 U.S.C. Sec. 1973gg), the
county elections official shall send the voter a voter notification
by nonforwardable, first-class mail, address correction requested.
The voter notification shall state the party affiliation
preference for which the voter has registered in
the following format:
Party: (Name of political party)
The voter notification shall be substantially in the following
form:
VOTER NOTIFICATION
You are registered to vote. The party affiliation for
which you have registered is shown on the reverse of
preference you chose, if any, is on this card. This card is
being sent as a notification of:
1. Your recently completed affidavit of registration ,
.
OR,
2. A correction change to your
registration because of an official notice that you have moved. If
your residence address has not changed or if your move is temporary,
please call or write the county elections official
to our office immediately.
OR,
3. Your recent registration with a change in party
affiliation preference . If this change is not
correct, please call or write the county elections official
to our office immediately.
_________________________________________________
You may vote in any election held 15 or more days after the date
shown on the reverse side of
this card.
Your name will appear on the index kept at the polls.
Please contact your county elections our
office if the information shown on the reverse side of this
card is incorrect.
_________________________________________________
(Signature of Voter)
SEC. 8. Section 3006 of the Elections
Code is amended to read:
3006. (a) A printed application that is to be distributed to a
voter for requesting a vote by mail voter's ballot shall inform the
voter that the application for the vote by mail voter's ballot must
be received by the elections official not later than seven days prior
to the date of the election and shall contain spaces for the
following:
(1) The printed name and residence address of the voter as it
appears on the affidavit of registration.
(2) The address to which the ballot is to be mailed.
(3) The voter's signature.
(4) The name and date of the election for which the request is to
be made.
(b) (1) The information required by paragraphs (1) and (4) of
subdivision (a) may be preprinted on the application. The information
required by paragraphs (2) and (3) of subdivision (a) shall be
personally affixed by the voter.
(2) An address, as required by paragraph (2) of subdivision (a),
may not be the address of a political party, a political campaign
headquarters, or a candidate's residence. However, a candidate, his
or her spouse, immediate family members, and any other voter who
shares the same residence address as the candidate may request that a
vote by mail ballot be mailed to the candidate's residence address.
(3) An application that contains preprinted information shall
contain a conspicuously printed statement substantially similar to
the following: "You have the legal right to mail or deliver this
application directly to the local elections official of the county
where you reside."
(c) The application shall inform the voter that if he or she
is not affiliated with has declined to
disclose a preference for a political party, the voter may
request a vote by mail ballot for a particular political party for
the partisan primary election, if that political party has
adopted a party rule, duly noticed to the Secretary of State,
authorizing that vote. The application shall contain a toll-free
telephone number, established by the Secretary of State, that the
voter may call to access information regarding which political
parties have adopted such a rule. The application shall contain a
checkoff box with a conspicuously printed statement that reads
substantially similar to the following: "I am not presently
affiliated with any have declined to disclose a
preference for a qualified political party. However,
for this primary election only, I request a vote by mail ballot for
the _________ Party." The name of the political party shall be
personally affixed by the voter.
(d) The application shall provide the voter with information
concerning the procedure for establishing permanent vote by mail
voter status, and the basis upon which permanent vote by mail voter
status is claimed.
(e) The application shall be attested to by the voter as to the
truth and correctness of its content, and shall be signed under
penalty of perjury.
SEC. 9. Section 3007.5 of the Elections
Code is amended to read:
3007.5. (a) The Secretary of State shall prepare and distribute
to appropriate elections officials a uniform electronic application
format for a vote by mail voter's ballot that conforms to this
section.
(b) The uniform electronic application shall inform the voter that
the application for the vote by mail voter's ballot must be received
by the elections official not later than seven days prior to the
date of the election and shall contain spaces for at least the
following information:
(1) The name and residence address of the registered voter as it
appears on the affidavit of registration.
(2) The address to which the ballot is to be mailed.
(3) The name and date of the election for which the request is
made.
(4) The date of birth of the registered voter.
(c) The uniform electronic application shall inform the voter that
if he or she is not affiliated with has
declined to disclose a preference for a political party, the
voter may request a vote by mail ballot for a particular political
party for the partisan primary election, if that political
party has adopted a party rule, duly noticed to the Secretary of
State, authorizing that vote. The application shall contain a
toll-free telephone number, established by the Secretary of State,
that the voter may call to access information regarding which
political parties have adopted such a rule. The application shall
list the parties that have notified the Secretary of State of the
adoption of such a rule. The application shall contain a checkoff box
with a conspicuously printed statement that reads substantially
similar to the following: "I am not presently affiliated
with any have declined to disclose a preference fo
r a qualified political party. However, for this
primary election only, I request a vote by mail ballot for the ____
Party." The name of the political party shall be personally affixed
by the voter.
(d) The uniform electronic application shall contain a
conspicuously printed statement substantially similar to the
following: "Only the registered voter himself or herself may apply
for a vote by mail ballot. An application for a vote by mail ballot
made by a person other than the registered voter is a criminal
offense."
(e) The uniform electronic application shall include a statement
substantially similar to the following: "A ballot will not be sent to
you if this application is incomplete or inaccurate."
(f) The uniform electronic application format shall not permit the
form to be electronically submitted unless all of the information
required to complete the application is contained in the appropriate
fields.
SEC. 10. Section 3205 of the Elections
Code is amended to read:
3205. (a) Vote by mail ballots mailed to, and received from,
voters on the permanent vote by mail voter list are subject to the
same deadlines and shall be processed and counted in the same manner
as all other vote by mail ballots.
(b) Prior to each partisan primary election, county
elections officials shall mail to every voter not affiliated
with who has declined to disclose a preference for
a political party whose name appears on the permanent vote by
mail voter list a notice and application regarding voting in the
primary election. The notice shall inform the voter that he or she
may request a vote by mail ballot for a particular political party
for the primary election, if that political party adopted a party
rule, duly noticed to the Secretary of State, authorizing these
voters to vote in their primary. The notice shall also contain a
toll-free telephone number, established by the Secretary of State,
that the voter may call to access information regarding which
political parties have adopted such a rule. The application shall
contain a checkoff box with a conspicuously printed statement that
reads substantially similar to the following: "I am not
presently affiliated with any have declined to
disclose a preference for a qualified political party. However,
for this primary election only, I request a vote by mail ballot for
the ____ Party." The name of the political party shall be personally
affixed by the voter.
SEC. 11. Section 7100 of the Elections
Code is amended to read:
7100. In each year of the general election at which electors of
President and Vice President of the United States are to be chosen,
each congressional nominee the candidate in
each congressional district who received the largest number of votes
in the primary election among the candidates who disclosed a
preference for the Democratic Party shall designate one
presidential elector and shall file his or her name ,
and residence and business address with the
Secretary of State state chairperson by
October 1 of the presidential election year. Each United
States senatorial nominee, determined by a date
specified by the state chairperson. The candidate for United States
Senate who received the largest number of votes in the primary
election among the candidates who disclosed a preference for the
Democratic Party in each of the last two United States
senatorial elections , shall designate one
presidential elector and shall file his or her name ,
and residence and business address with the
Secretary of State state chairperson by
October 1 of the presidential election year
a date specified by the state chairperson . In the event there
is no United States senatorial nominee or no congressional
nominee in any particular district, candidate for
United States Senate or for any particular congressional district who
disclosed a preference for the Democratic Party, or if any candidate
fails to designate a presidential elector by the date specified by
the state chairperson, the state chairperson shall designate
one presidential elector for each vacancy and
. The state chairperson shall file his or
her name, residence and business address the names and
residence and business addresses of all the electors designated
pursuant to this section with the Secretary of State by October
1 of the presidential election year.
SEC. 12. Section 8002.5 of the
Elections Code is amended 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 shall indicate one
of the following upon his or her declaration of candidacy, which
shall be consistent with what appears on the candidate's most recent
affidavit of registration:
(1) "Party Preference: ______ (insert the name of the qualified
political party as disclosed upon your affidavit of registration)."
(2) "Party Preference: None (if you have declined to disclose a
preference for a qualified political party upon your affidavit of
registration)."
(b) The selection made by a candidate
pursuant to subdivision (a) 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
, and 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)
(c) Regardless of the disclosed
party preference , or lack of 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 13102 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)
(d) 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)
(e) 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 subdivision (a).
SEC. 13. Section 8025 of the Elections
Code is amended to read:
8025. If only one a candidate
who 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
election 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 , regardless of his or her party
preference or lack of party preference, 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. 14. Section 8040 of the Elections
Code is amended to read:
8040. (a) The declaration of candidacy by a candidate shall be
substantially as follows:
DECLARATION OF CANDIDACY
I hereby declare myself a ________ Party
candidate for nomination to the office of
I hereby declare myself a candidate for
nomination to the office of ________ District
________ District Number ________ to be voted
for at the primary
for at the primary election to be held
election to be held ________, 20__, and declare
the following
to be
true:
the following to be true:
My name is ___________________________________.
I want my name and occupational
designation to appear on the ballot as follows:
______________________________________.
Addresses:
Residence ______________________________________
______________________________________________
Business ______________________________________
______________________________________________
Mailing ______________________________________
______________________________________________
Telephone numbers: Day _________ Evening
_________
Web site:
_______________________________________
I meet the statutory and constitutional
qualifications for this office (including, but
not limited to, citizenship, residency, and
party affiliation, if required).
party preference, if required).
I am at present an incumbent of the following
public office
(if any) __________.
If nominated, I will accept the nomination and
not withdraw.
____________________________________
Signature of candidate
A candidate for voter-nominated office shall also
complete all of the following:
1. I hereby certify that:
(a) At the time of presentation of this
declaration, as shown by my current affidavit of
registration, I have disclosed the following
political party preference, if any: _____________.
(b) My complete voter registration and party
affiliation/preference history, from (10 years
prior to current year) through the date of
signing this document, is as follows:
Party Registration County Timeframe (by year)
__________________ _________ _____________________
__________________ _________ _____________________
__________________ _________ _____________________
(2) Pursuant to Section 8002.5 of the Elections
Code, select one of the following:
______ Party Preference: _____________________
(insert the name of the qualified political party
as disclosed upon your affidavit of registration).
______ Party Preference: None (if you have
declined to disclose a preference for a qualified
political party upon your affidavit of
registration).
Dated this ___ day
of _____, 20___.
_____________________
Signature of
candidate
State of California )
County of ______________ ) ss.
)
Subscribed and sworn to before me this ___ day
of ________, 20____.
__________________________________________
Notary Public (or other official)
Examined and certified by me this ________ day
of ________, 20____.
______________________________________
County Elections Official
WARNING: Every person acting on behalf of a candidate is guilty of a
misdemeanor who deliberately fails to file at the proper time and in
the proper place any declaration of candidacy in his or her
possession which is entitled to be filed under the provisions of the
Elections Code Section 18202.
(b) A candidate for a judicial office may not be required to state
his or her residential address on the declaration of candidacy.
However, in cases where the candidate does not state his or her
residential address on the declaration of candidacy, the elections
official shall verify whether his or her address is within the
appropriate political subdivision and add the notation "verified"
where appropriate.
SEC. 15. Section 8041 of the Elections
Code is amended to read:
8041. (a) The nomination paper shall be in substantially the
following form:
NOMINATION PAPER
I, the undersigned signer for ______ for the
____ Party nomination to the office of ____, to
be voted
be voted for at the primary election to be held
on the
on the ____ day of ____, 20__, hereby assert as
follows:
I am a resident of ____ County and registered
to vote at the address shown on this paper . and
affiliated with the ____ Party. I am not
I am not at this time a signer of any other
nomination
nomination paper of any other candidate for the
above-
above- named office, or in case there are
several
several places to be filled in the above-named
office,
office, I have not signed more nomination papers
than
papers than there are places to be filled in the
above-
the above- named office. My residence is
correctly set
correctly set forth after my signature hereto:
Name ___________________________________________
Residence ______________________________________
(b) The affidavit of the circulator shall read
as follows:
AFFIDAVIT OF THE CIRCULATOR
I, ______, solemnly swear (or affirm) that the
signatures on this section of the nomination
paper were obtained between _____, 20__,
and _____, 20__; that I circulated the petition
and I sa w itnessed the signatures on
this section of the
of the nomination paper being written; and
that, to
th at, to th e best of my information and belief,
each
each signature is the genuine signature of the
person whose name it purports to be.
My voting residence is ______________.
Signed ________________________________________
Subscribed and sworn to before me this
___________ day of _____________, 20__.
(SEAL) ___________________________________
Notary Public (or other official)
Examined and certified by me this ___________
day of _____________, 20__.
_____________________________
Elections Official
WARNING: Every person acting on behalf of a candidate is guilty of a
misdemeanor who deliberately fails to file at the proper time and in
the proper place any nomination paper in his or her possession which
is entitled to be filed under Section 18202 of the Elections Code.
(c) If the nomination paper is for a partisan office, the
nomination paper shall include a statement indicating the party
preference of the signer of the nomination paper.
SEC. 16. 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
fewer than 65 nor more than 100.
(2) House of Representatives in Congress, State Senate or
Assembly, State Board of Equalization, or any office voted
for in more than one county, and not statewide, not less
fewer 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
fewer than 20 nor more than 40.
(4) With respect to a candidate for a political party committee,
if any political party has less
fewer 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 If there are less
fewer than 150 voters in the county or district
in which the election is to be held, not less
fewer 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. 17. 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 a candidacy for partisan office,
signers shall be affiliated registered voters who
disclosed a preference, pursuant to Section 2151, for the party, if
any, in for which the nomination is
proposed. Signers With respect to a candidacy
for voter-nominated office, signers need not be
registered voters who have disclosed a
preference for any party when signing candidacy papers for a
candidate seeking nomination to a voter-nominated office .
SEC. 18. Section 8106 of the Elections
Code is amended to read:
8106. (a) Notwithstanding any other provision of this article, a
candidate may submit a petition containing signatures of registered
voters in lieu of a filing fee as follows:
(1) For the office of California State Assembly, 1,500 signatures.
(2) For the office of California State Senate and the United
States House of Representatives, 3,000 signatures.
(3) For candidates running for statewide office, 10,000
signatures.
(4) For all other offices for which a filing fee is required, if
the number of registered voters in the district in which he or she
seeks nomination is 2,000 or more, a candidate may submit a petition
containing four signatures of registered voters for each dollar of
the filing fee, or 10 percent of the total of registered voters in
the district in which he or she seeks nomination, whichever is less.
(5) For all other offices for which a filing fee is required, if
the number of registered voters in the district in which he or she
seeks nomination is less than 2,000, a candidate may submit a
petition containing four signatures of registered voters for each
dollar of the filing fee, or 20 percent of the total of registered
voters in the district in which he or she seeks nomination, whichever
is less.
(6) Notwithstanding any other provision of this section, a
candidate seeking the nomination of a qualified party with whom he or
she is registered, the registered voters of which who were eligible
to vote at the last statewide election constituted less than 5
percent of all registered voters eligible to vote at the last
statewide election, may submit a petition containing signatures of 10
percent of the registered voters of that party in the district in
which he or she seeks nomination, or 150 signatures, whichever is
less.
(7)
(6) A voter may sign both a candidate's nomination
papers and his or her in-lieu-filing-fee petition. However, if
signatures appearing on the documents are counted towards both the
nomination paper and the in-lieu-filing-fee petition signature
requirements, a person may only sign one of the documents.
(b) The Secretary of State or an elections official shall furnish
to each candidate, upon request, and without charge therefor, forms
for securing signatures. The number of forms which the elections
official shall furnish a candidate shall be a quantity that provides
the candidates with spaces for signatures sufficient in number to
equal the number of signatures that the candidate is required to
secure pursuant to subdivision (a) if the candidate desires that
number of forms. However, the elections official, rather than provide
the candidate with the number of forms set forth in the preceding
sentence, or upon the request of a candidate, may provide the
candidate with a master form that may be duplicated by the candidate
at the candidate's expense for the purpose of circulating additional
petitions. The Secretary of State shall provide the master form. The
elections official may provide candidates a form other than the
master form provided by the Secretary of State. However, that form
shall meet all statutory requirements, and the elections official
shall also make available and accept the master form provided by the
Secretary of State. All forms shall be made available commencing 45
days before the first day for circulating nomination papers. However,
in cases of vacancies for which a special election is authorized or
required to be held to fill the vacancy, and where the prescribed
nomination period would commence less than 45 days after the creation
of the vacancy, the forms shall be made available within five
working days after the creation of the vacancy. No other form except
the form furnished by the Secretary of State or the elections
official or forms duplicated from a master form shall be used to
secure signatures. Each petition section shall bear an affidavit
signed by the circulator, in substantially the same form as set forth
in Section 8041. The substitution of signatures for fees shall be
subject to the following provisions:
(1) Any registered voter may sign an in-lieu-filing-fee petition
for any candidate for whom he or she is eligible to vote.
(2) If a voter signs more candidates' petitions than there are
offices to be filled, the voter's signatures shall be valid only on
those petitions which, taken in the order they were filed, do not
exceed the number of offices to be filled.
(3) In-lieu-filing-fee petitions shall be filed at least 15 days
prior to the close of the nomination period. Upon receipt of the
minimum number of in-lieu-filing-fee signatures required, or a
sufficient combination of signatures and pro rata filing fee, the
elections official shall issue nomination papers provisionally.
Within 10 days after receipt of a petition, the elections official
shall notify the candidate of any deficiency. The candidate shall
then, prior to the close of the nomination period, either submit a
supplemental petition, or pay a pro rata portion of the filing fee to
cover the deficiency.
(4) If the petition is circulated for an office in more than one
county, the candidate shall submit the signatures to the elections
official in the county in which the petition was circulated. The
elections official shall , at least two days after
verifying the signatures on the petition, notify the Secretary of
State of the total number of valid signatures. If the number of
signatures is insufficient, the Secretary of State shall notify the
candidate and the elections officials of the fact. The candidate may
submit the necessary number of valid signatures at any time prior to
the close of the period for circulating nomination papers. Each
circulator of an in-lieu-filing-fee petition shall be a registered
voter of the district or political subdivision in which the candidate
is to be voted on. The circulator shall serve within the county in
which he or she resides.
(5) Each candidate may submit a greater number of signatures to
allow for subsequent losses due to invalidity of some signatures. The
elections official shall not be required to determine the validity
of a greater number of signatures than that required by this section.
(c) For the purposes of this section, the requisite number of
signatures shall be computed from the latest registration figures
forwarded to the Secretary of State pursuant to Section 2187 prior to
the first day on which petitions are available.
(d) All valid signatures obtained pursuant to this section shall
be counted towards toward the number of
voters required to sign a nomination paper in accordance with
Section 8061 or 8405.
SEC. 19. 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 , or for as long as he or
she has been eligible to vote in the state if less than 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, "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 Internet Web site as that containing the candidates' party
preference history the notice specified by subdivision (b) of Section
9083.5.
SEC. 20. 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
designation made by the candidate pursuant to
Section 8002.5.
(e) If applicable, the ballot designation specified in accordance
with Section 13107.
SEC. 21. Section 8141.5 of the
Elections Code is amended to read:
8141.5. Only Except as provided in
subdivision (b) of Section 8142, only the two
candidates for a voter-nominated office who receive the
highest and second-highest numbers or second
highest number of votes cast at the primary election
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 that
candidate is one of the two candidates receiving
the highest or second-highest numbers second
highest number of votes cast at the primary election.
SEC. 22. 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 be determined 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 be determined by lot.
SEC. 23. 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 , and, if applicable, the ballot designation
specified in accordance with Section 13107 .
(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 designation made by the candidate
in accordance with pursuant to Section
8002.5.
SEC. 24. Section 8300 of the Elections
Code is amended to read:
8300. A candidate for any public a
partisan 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 by other means than, a
primary election pursuant to this chapter. A candidate for
nonpartisan office or for voter-nominated office may be nomin
ated subsequent to, or by other means than, a primary election
pursuant to this chapter only if a candidate was not nominated or
elected at the primary election for that office.
SEC. 25. 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.
(7) A certification of the candidate's complete voter registration
and party affiliation/preference history for the preceding 10 years,
or for as long as he or she has been eligible to vote in the state
if less than 10 years, if running for a voter-nominated office.
(7)
(8) For any of the offices described in Section 13.5, a
statement that the candidate meets the statutory and constitutional
requirements for that office as described in that section.
(b) The requisite number of signatures on the nomination papers,
if any, required pursuant to Sections 8062, 10220, and 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.
(c) Notwithstanding any other provision of law, a person may not
be a write-in candidate at the general election for a voter-nominated
office.
SEC. 26. Section 8606 of the Elections
Code is amended to read:
8606. A Notwithstanding any other
provision of law, a person whose name has been written
on the ballot as may not be a write-in candidate
at the general election for a voter-nominated office shall
not be counted .
SEC. 27. Section 8803 of the Elections
Code is amended to read:
8803. (a) No vacancy on the ballot for a
nonpartisan office at a general election shall be filled
except if the candidate dies and that fact has been ascertained by
the officer charged with the duty of printing the ballots at least 68
days before the date of the next ensuing general election.
(b) No vacancy on the ballot for a voter-nominated office at a
general election shall be filled. If a candidate who is entitled to
appear on the general election ballot dies, the name of that
candidate shall appear on the general election ballot and any votes
cast for that candidate shall be counted in determining the results
of the election for that office. If the deceased candidate receives a
majority of the votes cast for the office, he or she shall be
considered elected to that office and the office shall be considered
vacant at the beginning of the term for which the candidate was
elected. The vacancy shall be filled in the same manner as if the
candidate had died after taking office for that term.
SEC. 28. Section 8805 of the Elections
Code is amended to read:
8805. (a) 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.
(b) Whenever a candidate for nomination for a 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, the name of the deceased
candidate shall appear on the general election ballot and the general
election shall proceed in accordance with subdivision (b) of Section
8803.
SEC. 29. 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 appear on
the ballot to fill the vacancy.
SEC. 30. Section 9083.5 of the
Elections Code is amended 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 election procedure for
such offices , as follows . The explanation
shall read substantially similar to the following :
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 in the primary election of
any political party at any primary election unless
other than the party 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 vote. However, a political party may
authorize a person who has declined to disclose a party
preference to vote the ballot of that political party
in that party's primary election .
(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 election
procedure for such offices , as follows . The
explanation shall read substantially similar to the following
:
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 . A
candidate nominated for a voter-nominated office at the primary
election is the nominee of the people and not the official
nominee of any party for the office in question at
the ensuing following general
election. A candidate for nomination or election to a voter-nominated
office may, however, designate shall have
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 preference
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, or affiliation between the party and
candidate, 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 the 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 even if
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 election
procedure for such offices , as follows
. The explanation shall read substantially similar to the
following :
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. 31. Section 9084.5 of the
Elections Code is repealed.
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. 32. Section 10704 of the Elections
Code is amended to read:
10704. (a) Except as provided in subdivision (b), a special
primary election shall be held in the district in which the vacancy
occurred on the eighth Tuesday or, if the eighth Tuesday is the day
of or the day following a state holiday, the ninth Tuesday preceding
the day of the special general election at which the vacancy is to be
filled. Candidates at the primary election shall be nominated in the
manner set forth in Chapter 1 (commencing with Section 8000) of Part
1 of Division 8, except that nomination papers shall not be
circulated more than 63 days before the primary election, shall be
left with the county elections official for examination not less than
43 days before the primary election, and shall be filed with the
Secretary of State not less than 39 days before the primary election.
(b) A special primary election shall be held in the district in
which the vacancy occurred on the ninth Tuesday preceding the day of
the special general election at which the vacancy is to be filled if
both of the following conditions apply:
(1) The ninth Tuesday preceding the day of the special general
election is an established election date pursuant to Section 1000.
(2) A statewide or local election occurring wholly or partially
within the same territory in which the vacancy exists is scheduled
for the ninth Tuesday preceding the day of the special general
election.
(c) Notwithstanding Section 3001, applications for vote by mail
voter ballots may be submitted not more than 25 days before the
primary election, except that Section 3001 shall apply if the special
election or special primary election is consolidated with a
statewide election. Applications received by the elections official
prior to the 25th day shall not be returned to the sender, but shall
be held by the elections official and processed by him or her
following the 25th day prior to the election in the same manner as if
received at that time.
(d) The sample ballot for a special election shall contain a
written explanation of the election procedure for voter-nominated
office as specified in subdivision (b) of Section 9083.5. Immediately
after the explanation shall be printed the following: "If one
candidate receives more than 50% of the votes cast at the special
primary election, he or she will be elected to fill the vacancy and
no special general election will be held."
(e) On the ballot for a special 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 ballot and
shall be set directly above these columns. Within the box shall be
printed the words "Voter-Nominated Office." Immediately below that
phrase within the same box shall be printed 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 office. The party
preference, if any, designated by a candidate is selected by the
candidate and is shown for the information of the voters only. It
does not imply that the candidate is nominated or endorsed by the
party or that the party approves of the candidate."
SEC. 33. 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 or second highest number of
votes cast at the special primary election shall be placed on the
special general election ballot. In the case of a tie vote,
subdivision (b) of Section 8142 shall apply.
SEC. 34. Section 12108 of the Elections
Code is amended to read:
12108. In any a case where
in which 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"
word "None " shall be printed in place of the
party name.
SEC. 35. Section 13105 of the Elections
Code is amended to read:
13105. (a) In the case of candidates a
candidate 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 , as specified by the Secretary
of State, the designation made 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.
(1) In the case of a candidate who designated a political party
preference pursuant to Section 8002.5, "Party Preference: ______."
(2) In the case of a candidate who did not state a preference for
a political party pursuant to Section 8002.5, "Party Preference:
None."
(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 and on the same line
as the name of the candidate for President, or immediately below the
name of the vice presidential candidate if there is not sufficient
space to the right of the name .
(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. 36. Section 13107 of the Elections
Code is amended to read:
13107. (a) With the exception of candidates for Justice of the
State Supreme Court or Court of Appeal, immediately under the name of
each candidate, and not separated from the name by any line,
unless the designation made by the candidate pursuant to Section
8002.5 must be listed immediately below the name of the candidate
pursuant to Section 13105, and in that case immediately under the
designation, may appear at the option of the candidate only one
of the following designations:
(1) Words designating the elective city, county, district, state,
or federal office which the candidate holds at the time of filing the
nomination documents to which he or she was elected by vote of the
people, or to which he or she was appointed, in the case of a
superior court judge.
(2) The word "incumbent" if the candidate is a candidate for the
same office which he or she holds at the time of filing the
nomination papers, and was elected to that office by a vote of the
people, or, in the case of a superior court judge, was appointed to
that office.
(3) No more than three words designating either the current
principal professions, vocations, or occupations of the candidate, or
the principal professions, vocations, or occupations of the
candidate during the calendar year immediately preceding the filing
of nomination documents. For purposes of this section, all California
geographical names shall be considered to be one word. Hyphenated
words that appear in any generally available standard reference
dictionary, published in the United States at any time within the 10
calendar years immediately preceding the election for which the words
are counted, shall be considered as one word. Each part of all other
hyphenated words shall be counted as a separate word.
(4) The phrase "appointed incumbent" if the candidate holds an
office other than a judicial office by virtue of appointment, and the
candidate is a candidate for election to the same office, or, if the
candidate is a candidate for election to the same office or to some
other office, the word "appointed" and the title of the office. In
either instance, the candidate may not use the unmodified word
"incumbent" or any words designating the office unmodified by the
word "appointed." However, the phrase "appointed incumbent" shall not
be required of a candidate who seeks reelection to an office which
he or she holds and to which he or she was appointed, as a nominated
candidate, in lieu of an election, pursuant to Sections 5326 and 5328
of the Education Code or Section 7228, 7423, 7673, 10229, or 10515
of this code.
(b) Neither the Secretary of State nor any other elections
official shall accept a designation of which any of the following
would be true:
(1) It would mislead the voter.
(2) It would suggest an evaluation of a candidate, such as
outstanding, leading, expert, virtuous, or eminent.
(3) It abbreviates the word "retired" or places it following any
word or words which it modifies.
(4) It uses a word or prefix, such as "former" or "ex-," which
means a prior status. The only exception is the use of the word
"retired."
(5) It uses the name of any political party, whether or not it has
qualified for the ballot.
(6) It uses a word or words referring to a racial, religious, or
ethnic group.
(7) It refers to any activity prohibited by law.
(c) If, upon checking the nomination documents and the ballot
designation worksheet described in Section 13107.3, the elections
official finds the designation to be in violation of any of the
restrictions set forth in this section, the elections official shall
notify the candidate by registered or certified mail return receipt
requested, addressed to the mailing address provided on the candidate'
s ballot designation worksheet.
(1) The candidate shall, within three days, excluding Saturday,
Sunday, and state holidays, from the date he or she receives notice
by registered or certified mail, or from the date the candidate
receives actual notice of the violation, whichever occurs first,
appear before the elections official or, in the case of the Secretary
of State, notify the Secretary of State by telephone, and provide a
designation that complies with subdivision (a).
(2) In the event the candidate fails to provide a designation that
complies with subdivision (a) within the three-day period specified
in paragraph (1), no designation shall appear after the candidate's
name.
(d) No designation given by a candidate shall be changed by the
candidate after the final date for filing nomination documents,
except as specifically requested by the elections official as
specified in subdivision (c) or as provided in subdivision (e). The
elections official shall maintain a copy of the ballot designation
worksheet for each candidate that appears on the ballot in the county
for the same period of time as applied to nomination documents
pursuant to Section 17100.
(e) The designation shall remain the same for all purposes of both
primary and general elections, unless the candidate, at least 98
days prior to the general election, requests in writing a different
designation which the candidate is entitled to use at the time of the
request.
(f) In all cases, the words so used shall be printed in 8-point
roman uppercase and lowercase type except that, if the designation
selected is so long that it would conflict with the space
requirements of Sections 13207 and 13211, the elections official
shall use a type size for the designation for each candidate for that
office sufficiently smaller to meet these requirements.
(g) Whenever a foreign language translation of a candidate's
designation is required under the Voting Rights Act of 1965 (42
U.S.C. Sec. 1971), as amended, to appear on the ballot in addition to
the English language version, it shall be as short as possible, as
consistent as is practicable with this section, and shall employ
abbreviations and initials wherever possible in order to avoid undue
length.
SEC. 37. 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 office. 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 only. It does not
constitute or imply an endorsement of
that the candidate is nominated or endorsed 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.
or that the party approves of the candidate.
"Nonpartisan Offices. A The party
preference, if any, of a candidate for a nonpartisan office
may not designate a party reference does not
appear on the ballot."
SEC. 38. Section 13206.5 is added to the
Elections Code , to read:
13206.5. (a) (1) On the ballot used in a statewide general
election in each year evenly divisible by the number four,
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 ballot and shall be set directly above these columns.
Within the box shall be printed the words "Party-Nominated Offices."
Immediately below that phrase within the same box shall be printed
the following: "The party label accompanying the name of a candidate
for party-nominated office on the general election ballot means that
the candidate is the official nominee of the party shown."
(2) On the ballot used in a statewide general election in each
year evenly divisible by the number four, following the portion of
the ballot for party-nominated offices, the same style of box
described in paragraph (1) shall appear 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 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. 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 imply that the candidate is nominated or endorsed by the
party or that the party approves of the candidate. The party
preference, if any, of a candidate for a nonpartisan office does not
appear on the ballot."
(b) On the ballot used in a statewide general election in each
even-numbered year that is not evenly divisible by the number four,
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 ballot and shall be set directly above these columns.
Within the box shall be printed the words "Voter-Nominated and
Nonpartisan Offices." Immediately below that phrase within the same
box shall be printed 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. 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 imply that the candidate is nominated or endorsed by the
party or that the party approves of the candidate. The party
preference, if any, of a candidate for a nonpartisan office does not
appear on the ballot."
SEC. 39. 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 , except
that no spaces shall be printed for voter-nominated offices at a
general election .
(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 except that an elections
official may vary the width of these columns by up to
10 percent more or less than the three-inch standard
three-tenths of an inch . However, the
The column containing presidential and vice
presidential candidates may be as wide as four inches.
(d) Any measures A measure that
are is 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
the measure. To the right of each
the title and summary shall be printed, on separate lines, the
words "Yes" and "No."
SEC. 40. Section 13212 of the Elections
Code is amended to read:
13212. Under Except for a voter-nominated
office at a general election, under the designation of each
office shall be printed as many blank spaces, defined by light lines
or rules at least three-eighths of an inch apart but no more than
one-half inch apart, as there are candidates to be nominated or
elected to the office.
SEC. 41. 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 "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. 42. Section 13300 of the Elections
Code is amended to read:
13300. (a) By at least 29 days before the partisan
primary, each county elections official shall prepare a
separate sample ballots ballot for each
political party and a separate sample nonpartisan ballot ,
placing thereon in each case . The county elections
official shall place on each ballot, as applicable,
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 partisan primary election.
(b) The sample ballot ballots 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 not more than 40 nor fewer than 10 days before
the election 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 the voter 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. 43. 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 an
election at which a candidate for a voter-nominated office will
appear on the ballot, any a qualified
political party may submit to the county elections official a list of
all candidates for voter-nominated office who will appear on
any a 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 If a political party
timely submits a list to the county elections official
pursuant to this subdivision, the county elections official
shall print any such list that is timely received
the names of the candidates for voter-nominated
office who were endorsed by that political party in the
voter information portion of the sample ballot. The party
chair chairperson 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. 44. Section 15340 of the Elections
Code is amended to read:
15340. Each Except for a voter-nominated
office at a general election, each voter is entitled to write
on the ballot the name of any candidate for any public
office, including that of President and Vice President of the United
States , on the ballot of any election .
SEC. 45. Section 15402 of the Elections
Code is amended to read:
15402. (a) Whenever a candidate whose name
appears upon the ballot at any election for an office other than
a voter-nominated office dies after the 68th day before the
election, the votes cast for the deceased candidate shall be counted
in determining the results of the election for the office for which
the decedent was a candidate. If the deceased candidate receives a
majority of the votes cast for the office, he or she shall be
considered elected and the office to which he or she was elected
shall be vacant at the beginning of the term for which he or she was
elected. The vacancy thus created shall be filled in the same manner
as if the candidate had died subsequent to taking office for that
term.
(b) Whenever a candidate whose name appears on the ballot at any
election for a voter-nominated office dies, the votes cast for the
deceased candidate shall be counted in determining the results of the
election for the office for which the decedent was a candidate. If
the deceased candidate receives a majority of the votes cast for the
office at the general election, he or she shall be considered elected
and the office to which he or she was elected shall be vacant at the
beginning of the term for which he or she was elected. The vacancy
thus created shall be filled in the same manner as if the candidate
had died subsequent to taking office for that term.
SEC. 46. 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 a party-nominated offices
office , the designation may be by usual or
reasonable abbreviation of party names. With respect to a
voter-nominated offices office , the
voting machine shall conform to the format specified in subdivision
(b) (a) of Section 13105.
SEC. 47. Section 85312 of the
Government Code is amended to read:
85312. For purposes of this title, payments for communications to
members, employees, shareholders, or families of members, employees,
or shareholders of an organization for the purpose of supporting or
opposing a candidate or a ballot measure are not contributions or
expenditures, provided those payments are not made for general public
advertising such as broadcasting, billboards, and newspaper
advertisements. However, payments made by a political party for
communications to its members a member
who are is registered with
as expressing a preference for that party
which on his or her affidavit of registration
pursuant to Sections 2150, 2151, and 2152 of the Elections Code that
would otherwise qualify as contributions or expenditures shall
be reported in accordance with Article 2 (commencing with Section
84200) of Chapter 4, and Chapter 4.6 (commencing with Section 84600),
of this title.
SEC. 48. Section 85703 of the
Government Code is amended to read:
85703. (a) Nothing in this act shall nullify contribution
limitations or prohibitions of any local jurisdiction that apply to
elections for local elective office, except that these limitations
and prohibitions may not conflict with the provisions of Section
85312.
(b) Limitations and prohibitions imposed by a local jurisdiction
on payments for a member communication, as defined in subdivision
(c), that conflict with Section 85312 and which are thereby
prohibited by subdivision (a) include, but are not limited to, any of
the following:
(1) Source restrictions on payments for member communications that
are not expressly made applicable to member communications by a
state statute or by a regulation adopted by the commission pursuant
to Section 83112.
(2) Limitations on payments to a political party committee for a
member communication that are not expressly made applicable to member
communications by a state statute or by a regulation adopted by the
commission pursuant to Section 83112.
(3) Limitations on the scope of payments considered directly
related to the making of a member communication, including costs
associated with the formulation, design, production, and distribution
of the communication such as surveys, list acquisition, and
consulting fees that are not expressly made applicable to member
communications by a state statute or by a regulation adopted by the
commission pursuant to Section 83112.
(c) For purposes of this section, "member communication" means a
communication, within the meaning of Section 85312, to members,
employees, shareholders, or families of members, employees, or
shareholders of an organization, including a communication by a
political party to its members a member
who are is registered with
as expressing a preference for that party
on his or her affidavit of registration pursuant to Sections 2150,
2151, and 2152 of the Elections Code .
SEC. 49. This act shall be interpreted so as to be
consistent with all federal and state laws, rules, and regulations.
This act shall be broadly construed to achieve its purposes. It is
the intent of the Legislature that the provisions of this act be
interpreted and implemented in a manner that facilitates the purposes
set forth in this act.
SEC. 50. If any provision of this act, 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 act are
severable. The Legislature declares that this act, 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 are found to be invalid. If any provision of this
act is held invalid as applied to any person or
circumstance, such invalidity does not affect any application of this
act that can be given effect without the invalid application.
SEC. 51. The Legislature finds and declares that
this bill furthers the purposes of the Political Reform Act of 1974
within the meaning of subdivision (a) of Section 81012 of the
Government Code.
SEC. 52. This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
In order to provide for the effective and efficient conduct of the
June 5, 2012, statewide primary election, it is necessary that this
act take effect immediately. All matter omitted in this version
of the bill appears in the bill as amended in the Senate, September
2, 2011. (JR11)