BILL NUMBER: ACA 10	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Olsen

                        FEBRUARY 22, 2013

   A resolution to propose to the people of the State of California
an amendment to the Constitution of the State, by amending Section 5
of Article II thereof, relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   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.



   Resolved by the Assembly, the Senate concurring, That the
Legislature of the State of California at its 2013-14 Regular Session
commencing on the third day of December 2012, two-thirds of the
membership of each house concurring, hereby proposes to the people of
the State of California that the Constitution of the State be
amended as follows:
    That Section 5 of Article II thereof is amended to read:
      SEC. 5.  (a) A voter-nomination primary election shall be
conducted to select the candidates for congressional and state
elective offices in California. All voters may vote at a
voter-nominated primary election for any candidate for congressional
and state elective office without regard to the political party
preference disclosed by the candidate or the voter, provided that the
voter is otherwise qualified to vote for candidates for the office
in question. The candidates who are the top two vote-getters 
at a   in the  voter-nominated primary election
 , that is not a special election called to fill a vacancy, 
for a congressional or state elective office shall, regardless of
party preference, compete in the ensuing general election. 
However, if a candidate for a voter-nominated office that is a state
elective office receives at least 60 percent of the votes cast for
that office in a voter-nominated primary election that is not a
special primary election called to fill a vacancy, that candidate
shall be declared elected, and a general election shall not be held
for that office. 
   (b) Except as otherwise provided by Section 6, a candidate for a
congressional or state elective office may have his or her political
party preference, or lack of political party preference, indicated
upon the ballot for the office in the manner provided by statute. A
political party or party central committee shall not nominate a
candidate for any congressional or state elective office at the
voter-nominated primary. This subdivision shall not be interpreted to
prohibit a political party or party central committee from
endorsing, supporting, or opposing any candidate for a congressional
or state elective office. A political party or party central
committee shall not have the right to have its preferred candidate
participate in the general election for a voter-nominated office
other than a candidate who is one of the two highest vote-getters at
the primary election, as provided in subdivision (a).
   (c) The Legislature shall provide for partisan elections for
presidential candidates, and political party and party central
committees, including an open presidential primary whereby the
candidates on the ballot are those found by the Secretary of State to
be recognized candidates throughout the nation or throughout
California for the office of President of the United States, and
those whose names are placed on the ballot by petition, but excluding
any candidate who has withdrawn by filing an affidavit of
noncandidacy.
   (d) A political party that participated in a primary election for
a partisan office pursuant to subdivision (c) has the right to
participate in the general election for that office and shall not be
denied the ability to place on the general election ballot the
candidate who received, at the primary election, the highest vote
among that party's candidates.