ACA 10, as introduced, Olsen. Voter-nominated primary elections.
Existing provisions of the California Constitution provide for a voter-nominated primary election for each congressional and state elective office in California, in which a voter may vote at the primary election for any candidate for a congressional or state elective office without regard to the political party preference disclosed by the candidate or the voter. Under the California Constitution, the candidates receiving the 2 highest vote totals for each voter-nominated office at a primary election, regardless of party preference, compete for the office at the ensuing general election.
This measure would provide that, if a candidate for a voter-nominated office that is a state elective office receives at least 60% of votes cast for that office in a voter-nominated primary election that is not a special primary election called to fill a vacancy, the candidate would be declared elected, and no general election would be held for that office.
Vote: 2⁄3. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
P2 1Resolved by the Assembly, the Senate concurring, That the
2Legislature of the State of California at its 2013-14 Regular
3Session commencing on the third day of December 2012,
4two-thirds of the membership of each house concurring, hereby
5proposes to the people of the State of California that the
6Constitution of the State be amended as follows:
That Section 5 of Article II thereof is amended to read:
(a) A voter-nomination primary election shall be
9conducted to select the candidates for congressional and state
10elective offices in California. All voters may vote at a
11voter-nominated primary election for any candidate for
12congressional and state elective office without regard to the
13political party preference disclosed by the candidate or the voter,
14provided that the voter is otherwise qualified to vote for candidates
15for the office in question. The candidates who are the top two
16vote-gettersbegin delete at aend deletebegin insert
in theend insert voter-nominated primary electionbegin insert, that is
17not a special election called to fill a vacancy,end insert for a congressional
18or state elective office shall, regardless of party preference, compete
19in the ensuing general election.begin insert However, if a candidate for a
20voter-nominated office that is a state elective office receives at
21least 60 percent of the votes cast for that office in a
22voter-nominated primary election that is not a special primary
23election called to fill a vacancy, that candidate shall be declared
24elected, and a general election shall not be held for that office.end insert
25(b) Except as otherwise provided by Section 6, a candidate for
26a congressional or state elective office may have his or her
political
27party preference, or lack of political party preference, indicated
28upon the ballot for the office in the manner provided by statute. A
29political party or party central committee shall not nominate a
30candidate for any congressional or state elective office at the
31voter-nominated primary. This subdivision shall not be interpreted
32to prohibit a political party or party central committee from
33endorsing, supporting, or opposing any candidate for a
34congressional or state elective office. A political party or party
35central committee shall not have the right to have its preferred
36candidate participate in the general election for a voter-nominated
37office other than a candidate who is one of the two highest
38vote-getters at the primary election, as provided in subdivision (a).
39(c) The Legislature shall provide for partisan elections for
40presidential candidates, and political party and party central
P3 1committees, including an open presidential
primary whereby the
2candidates on the ballot are those found by the Secretary of State
3to be recognized candidates throughout the nation or throughout
4California for the office of President of the United States, and those
5whose names are placed on the ballot by petition, but excluding
6any candidate who has withdrawn by filing an affidavit of
7noncandidacy.
8(d) A political party that participated in a primary election for
9a partisan office pursuant to subdivision (c) has the right to
10participate in the general election for that office and shall not be
11denied the ability to place on the general election ballot the
12candidate who received, at the primary election, the highest vote
13among that party’s candidates.
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