Amended in Assembly May 8, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 141


Introduced by Assembly Member Gorell

January 17, 2013


An act to amend Section 8605 of the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 141, as amended, 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 officebegin insert, in addition to being one of the top two vote-getters,end insert 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.

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This bill would specify that its provisions become operative only if ACA 9 of the 2013-14 Regular Session is approved by the voters.

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Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 8605 of the Elections Code is amended
2to read:

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8605.  

A person whose name has been written in upon a ballot
4for an office at the direct primary election may not have his or her
5name placed upon the ballot as a candidate for that office for the
6ensuing general election unless one of the following is applicable:

7(a) At that direct primary election he or she received for a
8partisan office votes equal in number to at least 1 percent of all
9votes cast for the office at the last preceding general election at
10which the office was filled. In the case of an office that has not
11appeared on the ballot since its creation, the requisite number of
12votes shall equal at least 1 percent of the number of all votes cast
13for the office that had the least number of votes in the most recent
14general election in the jurisdiction in which the write-in candidate
15is seeking office.

16(b) He or she is an independent nominee for a partisan office
17pursuant to Part 2 (commencing with Section 8300).

18(c) At that direct primary election he or she received for a
19voter-nominated office the highest number of votes cast for that
20office or the second highest number of votes cast for that office,
21provided that he or she received votes equal in number to at least
221 percent of all votes cast for the office at the last preceding general
23election at which the office was filled, except as provided by
24subdivision (b) of Section 8142 or Section 8807.

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begin insertSEC. 2.end insert  

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This act shall become operative only if Assembly
26Constitutional Amendment 9 of the 2013-14 Regular Session is
27approved by the voters.

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