AB 141, as introduced, Gorell. Elections: write-in candidates.
Existing law provides for the name of a person written in on a ballot for a voter-nominated office at a direct primary election to be placed on the general election ballot as a candidate for that office if the person received, at the direct primary election, the highest number of votes cast for the office or the second highest number of votes cast for the office, except as provided.
This bill would require that a write-in candidate for a voter-nominated office receive votes at the direct primary election equal in number to at least 1% of all votes cast for the office at the last preceding general election at which the office was filled in order for his or her name to be placed on the general election ballot as a candidate for that office. The bill also would make clarifying and conforming changes.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 8605 of the Elections Code is amended
2to read:
begin deleteNo end deletebegin insertA end insertperson whose name has been written in upon a
2ballot for an office at the direct primarybegin insert electionend insert maybegin insert notend insert have his
3or her name placed upon the ballot as a candidate for that office
4for the ensuing general election unless one of the following is
5applicable:
6(a) At that direct primarybegin insert electionend insert
he or she received for a
7partisan office votes equal in number tobegin insert at leastend insert 1 percent of all
8votes cast for the office at the last preceding general election at
9which the office was filled. In the case of an office that has not
10appeared on the ballot since its creation, the requisite number of
11votes shall equalbegin insert at leastend insert
1 percent of the number of all votes cast
12for the office that had the least number of votes in the most recent
13general election in the jurisdiction in which the write-in candidate
14is seeking office.
15(b) He or she is an independent nominee for a partisan office
16pursuant to Part 2 (commencing with Section 8300).
17(c) At that direct primarybegin insert electionend insert he or she received for a
18voter-nominated office the highest number of votes cast for that
19office or the second highest number of votes cast for that office,
20begin insert provided that he or she received votes equal in number to at least end insert
21begin insert1 percent of all votes cast for the office at the last preceding end insert
22begin insertgeneral election at which the office was filled,end insert
except as provided
23by subdivision (b) of Section 8142 or Section 8807.
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