California Legislature—2013–14 Regular Session

Assembly Bill No. 1075

Introduced by Assembly Member Olsen

February 22, 2013

An act to amend Sections 359.5, 8141.5, 8142, 8150, 9083.5, and 15452 of the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 1075, as introduced, Olsen. Primary elections: voter-nominated offices.

Existing provisions of the California Constitution require that all voters may vote for any candidate at a voter-nominated primary election for congressional and state elective offices, without regard to the political party preference of the candidate or the voter. These provisions also require that the top 2 vote-getters in a voter-nominated primary election, regardless of party preference, compete in the ensuing general election.

Existing law provides generally for the conduct of primary elections. Existing statutory law implements the above-mentioned constitutional provisions relating to voter-nominated primary elections for congressional and state elective offices, including the requirement that the top 2 vote-getters compete in the general election, regardless of party preference.

This bill would provide that a candidate for a voter-nominated office that is a state elective office who receives at least 60% of the votes cast for that office in a primary election that is not a special primary election shall be declared elected to that office.

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

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

SECTION 1.  

Section 359.5 of the Elections Code is amended
to read:

359.5.  

(a)  “Voter-nominated office” means a congressional
or state elective office for which a candidate may choose to have
his or her party preference or lack of party preference indicated
upon the ballot. A political party or party central committee shall
not nominate a candidate at a state-conducted primary election for
a voter-nominated office. The primary begin insert election end insert conducted for a
voter-nominated office does not serve to determine the nominees
of a political party but serves to winnow the candidates for the
general election to the candidates receiving the highest or second
highest number of votes cast at the primary election begin insert , or to elect a
candidate in the manner provided in Sections 8141.5 end insert . The
following offices are voter-nominated offices:

(1) Governor.

(2) Lieutenant Governor.

(3) Secretary of State.

(4) Controller.

(5) Treasurer.

(6) Attorney General.

(7) Insurance Commissioner.

(8) Member of the State Board of Equalization.

(9) United States Senator.

(10) Member of the United States House of Representatives.

(11) State Senator.

(12) Member of the Assembly.

(b) This section does not prohibit a political party or party
central committee from endorsing, supporting, or opposing a
candidate for an office listed in subdivision (a).

SEC. 2.  

Section 8141.5 of the Elections Code is amended to
read:

8141.5.  

begin insert (a) end insert begin insert   end insert Except as provided begin insert in subdivision (b) of this
section and end insert in subdivision (b) of Section 8142, only the candidates
for a voter-nominated office who receive the highest or second
highest number of votes cast at the primary election shall appear
on the ballot as candidates for that office at the ensuing general
election. More than one candidate with the same party preference
designation may participate in the general election pursuant to this
subdivision. Notwithstanding the designation made by the
candidate pursuant to Section 8002.5, no candidate for a
voter-nominated office shall be deemed to be the official nominee
for that office of any political party, and no party is entitled to have
a candidate with its party preference designation participate in the
general election unless that candidate is one of the candidates
receiving the highest or second highest number of votes cast at the
primary election.

begin insert

(b) If a candidate for a voter-nominated office that is a state
elective office receives at least 60 percent of all votes cast for that
office at a primary election that is not a special election to fill a
vacancy in that office, he or she shall be declared elected and no
general election shall be held for that office. The term of office for
a candidate declared elected pursuant to this subdivision shall
commence at the time that the term of office would have
commenced if the candidate had been elected at the general
election.

end insert

SEC. 3.  

Section 8142 of the Elections Code is amended to read:

8142.  

(a) In the case of a tie vote, nonpartisan candidates
receiving the same number of votes shall be candidates at the
ensuing general election if they qualify pursuant to Section 8141
whether or not there are more candidates at the general election
than prescribed by this article. In no case shall the tie be determined
by lot.

(b) In the case of a tie vote among candidates at a primary
election for a voter-nominated office, the following applies:

(1) All candidates receiving the highest number of votes cast
for any candidate shall be candidates at the ensuing general election
whether or not there are more candidates at the general election
than prescribed by this article.

(2) Notwithstanding Section 8141.5, if a tie vote among
candidates results in more than one primary candidate qualifying
for the general election pursuant to subdivision (a), candidates
receiving fewer votes shall not be candidates at the general election,
even if they receive the second highest number of votes cast.

(3) If only one candidate receives the highest number of votes
cast but there is a tie vote among two or more candidates receiving
the second highest number of votes cast, each of those second-place
candidates shall be a candidate at the ensuing general election
along with the candidate receiving the highest number of votes
cast, regardless of whether there are more candidates at the general
election than prescribed by this article. begin insert This paragraph shall not
apply to a primary election for a voter-nominated office that is a
state elective office if the candidate who receives the highest
number of votes cast for the state elective office is declared elected
pursuant to subdivision (b) of Section 8141.5. end insert

(4) In no case shall the tie be determined by lot.

SEC. 4.  

Section 8150 of the Elections Code is amended to read:

8150.  

The certificate of the Secretary of State showing
candidates nominated or selected at a primary election begin insert , or declared
elected pursuant to subdivision (b) of Section 8141.5 end insert , and justices
of the Supreme Court and courts of appeal to appear on the general
elections ballot, shall be in a form prescribed by the Secretary of
State.

SEC. 5.  

Section 9083.5 of the Elections Code is amended to
read:

9083.5.  

(a) If a candidate for nomination or election to a
partisan office will appear on the ballot, the Secretary of State shall
include in the state ballot pamphlet a written explanation of the
election procedure for such offices. The explanation shall read
substantially similar to the following:

PARTY-NOMINATED/PARTISAN OFFICES

Under the California Constitution, political parties may formally
nominate candidates for party-nominated/partisan offices at the
primary election. A candidate so nominated will then represent
that party as its official candidate for the office in question at the
ensuing general election and the ballot will reflect an official
designation to that effect. The top begin delete votegetter end delete begin insert vote-getter end insert for each
party at the primary election is entitled to participate in the general
election. Parties also elect officers of official party committees at
a partisan primary.

No voter may vote in the primary election of any political party
other than the party he or she has disclosed a preference for upon
registering to vote. However, a political party may authorize a
person who has declined to disclose a party preference to vote in
that party’s primary election.

(b) If begin delete any end delete begin insert a end insert candidate for nomination or election to a
voter-nominated office will appear on the ballot, the Secretary of
State shall include in the state ballot pamphlet a written explanation
of the election procedure for such offices. The explanation shall
read substantially similar to the following:

VOTER-NOMINATED OFFICES

Under the California Constitution, political parties are not entitled
to formally nominate candidates for voter-nominated offices at the
primary election. A candidate nominated for a voter-nominated
office at the primary election is the nominee of the people and not
the official nominee of any party at the following general election.
A candidate for nomination or election to a voter-nominated office
shall have his or her party preference, or lack of party preference,
reflected on the primary and general election ballot, but the party
preference designation is selected solely by the candidate and is
shown for the information of the voters only. It does not constitute
or imply an endorsement of the candidate by the party designated,
or affiliation between the party and candidate, and no candidate
nominated by the qualified voters for any voter-nominated office
shall be deemed to be the officially nominated candidate of any
political party. The parties may list the candidates for
voter-nominated offices who have received the official endorsement
of the party in the sample ballot.

All voters may vote for any candidate for a voter-nominated
office, provided they meet the other qualifications required to vote
for that office. The top two begin delete votegetters end delete begin insert vote-getters end insert at the primary
election advance to the general election for the voter-nominated
office, even if both candidates have specified the same party
preference designation. begin insert However, if a candidate for a
voter-nominated office that is a state elective office receives at
least 60 percent of all votes cast for that office at a primary election
that is not a special primary election, that candidate shall be
declared elected, and no general election shall be held for that
office. end insert No party is entitled to have a candidate with its party
preference designation participate in the general election unless
begin delete such end delete begin insert that end insert candidate is one of the two highest begin delete votegetters end delete
begin insert vote-getters end insert at the primary election.

(c) If begin delete any end delete begin insert a end insert candidate for nomination or election to a nonpartisan
office, other than judicial office, begin delete shall end delete begin insert will end insert appear on the ballot,
the Secretary of State shall include in the state ballot pamphlet a
written explanation of the election procedure for such offices. The
explanation shall read substantially similar to the following:

NONPARTISAN OFFICES

Under the California Constitution, political parties are not entitled
to nominate candidates for nonpartisan offices at the primary
election, and a candidate nominated for a nonpartisan office at the
primary election is not the official nominee of any party for the
office in question at the ensuing general election. A candidate for
nomination or election to a nonpartisan office may NOT designate
his or her party preference, or lack of party preference, on the
primary and general election ballot. begin delete The end delete begin insert If a candidate for a
nonpartisan office at a primary election receives votes on at least
60 percent of all the ballots cast for that office, the candidate shall
be elected to that office, and the office shall not appear on the
ballot at the ensuing general election. Otherwise, the end insert top two
begin delete votegetters end delete begin insert vote-getters end insert at the primary election advance to the
general election for the nonpartisan office.

(d) Posters or other printed materials containing the notices
specified in subdivisions (a) to (c), inclusive, shall be included in
the precinct supplies pursuant to Section 14105.

SEC. 6.  

Section 15452 of the Elections Code is amended to
read:

15452.  

The person who receives a plurality of the votes cast
for any office is elected or nominated to that office in any election,
except begin insert with respect to the following end insert :

begin delete

(a)

end delete

begin insert (1) end insert  An election for which different provision is made by any
city or county charter.

begin delete

(b)

end delete

begin insert (2) end insert  A municipal election for which different provision is made
by the laws under which the city is organized.

begin delete

(c)

end delete

begin insert (3) end insert  The election of local officials in primary elections as
specified in Article 8 (commencing with Section 8140) begin insert of Chapter
1 end insert of Part 1 of Division 8.

begin delete

(d)

end delete

begin insert (4) end insert  The nomination of candidates for begin insert a end insert voter-nominated office
at the primary election to participate in the general election for
that office as specified in Article 8 (commencing with Section
8140) begin insert of Chapter 1 end insert of Part 1 of Division 8 begin insert where no candidate for
a voter-nominated office that is a state election office receives at
least 60 percent of the votes cast for that office in the primary
election end insert .

SEC. 7.  

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