BILL ANALYSIS Ó
AB 1413
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1413 (Fong)
As Amended January 5, 2012
2/3 vote. Urgency
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|ASSEMBLY: | |(May 19, 2011) |SENATE: |36-0 |(January 19, |
| | | | | |2012) |
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(vote not relevant)
Original Committee Reference: E. & R.
SUMMARY : Makes numerous substantive and technical changes to state
election law to implement the top two primary election system.
The Senate amendments delete the Assembly version of this bill, and
instead:
1)Conform the procedure for presidential electors to be chosen by
the Democratic Party to the top two primary system. Establish a
procedure for the chairperson of the Democratic Party to appoint
an elector if the candidate who is entitled to appoint that
elector fails to do so.
2)Require that the option for a voter to decline to disclose a party
preference be placed at the end of the listing of qualified
political parties on the voter registration card. Permit the
Secretary of State (SOS) to exhaust the existing supply of voter
registration cards.
3)Permit candidate filing for a voter-nominated office to re-open if
any candidate who filed nomination papers at the primary election
for that office dies after the deadline for delivery of nomination
documents, but not less than 83 days before the election.
4)Modify the format of nomination documents to conform to the top
two primary system. Require a candidate for voter-nominated
office to include a certification of his or her party preference
history for the previous 10 years on his or her nomination papers.
5)Provide that if a candidate for voter-nominated office dies prior
to the primary election, and that deceased candidate is one of the
top two vote getters in the primary election, the name of that
deceased candidate shall appear on the ballot at the general
election. Provide that if a candidate for voter-nominated office
AB 1413
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who is entitled to appear on the general election ballot dies, the
name of that candidate nonetheless shall appear on the general
election ballot.
6)Provide that if a candidate for voter-nominated office who is
deceased receives a majority of votes cast for the office at the
general election, a vacancy shall exist in the office to which he
or she was elected. Provide that this vacancy shall be filled in
the same manner as if the candidate had died subsequent to taking
office.
7)Shorten and clarify the explanation of the election procedure for
partisan office, voter-nominated office, and nonpartisan office
that appears in the state ballot pamphlet. Require an explanation
of the election procedure for voter-nominated office to be
included in the sample ballot at any special election held to fill
a vacancy in the Legislature or in Congress.
8)Modify the manner in which the party preference designation for a
candidate for voter-nominated office will appear on the ballot,
pursuant to the following:
a) If the candidate has declared a preference for a qualified
political party on his or her most recently filed affidavit of
registration, the designation appears in the following manner:
"Party Preference: _______ (name of the qualified political
party)."
b) If the candidate has not declared a preference for a
qualified political party on his or her most recently filed
affidavit of registration, the designation appears in the
following manner: "Party Preference: None."
9)Provide flexibility to counties in the placement on the ballot of
the party affiliation of Presidential candidates. Eliminate
type-size and typeface requirements for instructions that must be
printed on the ballot. Clarify and shorten the instructions that
appear on the ballot, and require specified instructions to be
printed on the ballot at general elections.
10)Provide that spaces for write-in votes will not be printed on the
ballot for voter-nominated offices at the general election.
11)Conform provisions of the Political Reform Act (PRA) that
regulate payments made by a political party for communications
with its members to the top two primary election process.
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12)Make various technical and non-substantive changes.
13)Add an urgency clause, allowing this bill to take effect
immediately upon enactment.
AS PASSED BY THE ASSEMBLY , this bill made minor and technical
changes to the PRA.
FISCAL EFFECT : According to the Senate Appropriations Committee,
pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : This bill was substantially amended in the Senate and the
Assembly-approved provisions of this bill were deleted. This bill,
as amended in the Senate is inconsistent with Assembly actions.
In February 2009, the Legislature approved SCA 4 (Maldonado), Res.
Chapter 2, Statutes of 2009, which was enacted by the voters as
Proposition 14 on the June 2010 statewide primary election ballot.
Proposition 14 implemented a top two primary election system in
California for most elective state and federal offices. At primary
elections, voters are able to vote for any candidate, regardless of
party, and the candidates receiving the two highest vote totals,
regardless of party, advance to the general election.
At the same time that it passed SCA 4, the Legislature also approved
and the Governor signed SB 6 (Maldonado), Chapter 1, Statutes of
2009. SB 6 made various changes to state statute that became
effective upon the approval of Proposition 14 by the voters. This
bill makes numerous technical and substantive changes to the
Elections Code to provide for more effective and efficient
implementation of California's top two primary election system.
Analysis Prepared by : Ethan Jones / E. & R. / (916) 319-2094
FN: 0003009