ACA 9, as introduced, Gorell. 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, for a person whose name was written in upon the ballot for the voter-nominated primary election for a congressional or state elective office, and is one of the top two vote-getters, to appear as a candidate for that office in the ensuing general election, the write-in candidate must have received votes at the primary election equal in number to at least 1 percent of all votes cast for the office at the last preceding general election at which the office was filled.
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 election for a
17congressional or state elective office shall, regardless of party
18preference, compete in the ensuing general election.begin insert However, a
19person whose name was written in upon the ballot for the
20voter-nominated primary election for a congressional or state
21elective office, and is one of the top two-getters, shall not appear
22as a candidate for that office in the ensuing general election unless
23he or she receives votes at the primary election equal in number
24to at least 1 percent of all votes cast for the office at the last
25preceding general election at which the office was filled.end insert
26(b) Except as otherwise provided by Section 6, a candidate for
27a congressional or state elective office may have his or her political
28party preference, or lack of political party
preference, indicated
29upon the ballot for the office in the manner provided by statute. A
30political party or party central committee shall not nominate a
31candidate for any congressional or state elective office at the
32voter-nominated primary. This subdivision shall not be interpreted
33to prohibit a political party or party central committee from
34endorsing, supporting, or opposing any candidate for a
35congressional or state elective office. A political party or party
36central committee shall not have the right to have its preferred
37candidate participate in the general election for a voter-nominated
P3 1office other than a candidate who is one of the two highest
2vote-getters at the primary election, as provided in subdivision (a).
3(c) The Legislature shall provide for partisan elections for
4presidential candidates, and political party and party central
5committees, including an open presidential primary whereby the
6candidates on the ballot are those
found by the Secretary of State
7to be recognized candidates throughout the nation or throughout
8California for the office of President of the United States, and those
9whose names are placed on the ballot by petition, but excluding
10any candidate who has withdrawn by filing an affidavit of
11noncandidacy.
12(d) A political party that participated in a primary election for
13a partisan office pursuant to subdivision (c) has the right to
14participate in the general election for that office and shall not be
15denied the ability to place on the general election ballot the
16candidate who received, at the primary election, the highest vote
17among that party’s candidates.
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