California Legislature—2013–14 Regular Session

Assembly Bill No. 2351

Introduced by Assembly Member Gordon

February 21, 2014

An act to amend Sections 5100 and 5151 of the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 2351, as introduced, Gordon. Political party qualification.

Existing law specifies the methods for a political party to qualify to participate in a primary election. Existing law provides that a party is qualified to participate in a primary election if, at the last preceding gubernatorial election, there was polled for any one of its candidates for any office voted on throughout the state, at least 2% of the entire vote of the state. Existing law also provides that a party is qualified to participate in a primary election if, on or before the 135th day before the primary election, it appears to the Secretary of State, as a result of examining and totaling the statement of voters transmitted by county elections officials, that voters equal in number to at least 1% of the entire vote of the state at the last gubernatorial election have declared an intention to affiliate with that party.

This bill would revise these provisions for a party to qualify to participate in a primary election. This bill would provide that a party is qualified if, at the last preceding gubernatorial primary election, the sum of the votes cast for all of the candidates for an office voted on throughout the state who disclosed a preference for that party on the ballot was at least 2% of the entire vote of the state for that office. Notwithstanding this provision, the bill would authorize the party to inform the Secretary of State that it declines to have the votes cast for a candidate counted towards the 2% qualification threshold. This bill would also provide that a party is qualified to participate if it appears to the Secretary of State that voters equal in number to at least 0.33% of the total number of voters registered on the 154th day before the primary election have declared their preference for that party.

If a political party did not qualify to participate in a presidential primary election, but nevertheless seeks qualification to participate in the following presidential general election, existing law specifies the methods for the party to qualify to participate in the general election. Existing law provides that a party is qualified to participate in a presidential general election if, at the last preceding gubernatorial election, there was polled for any one of its candidates for any office voted on throughout the state at least 2% of the entire vote of the state. Existing law also provides that a party is qualified to participate in a presidential general election if, on or before the 102nd day before the general election, it appears to the Secretary of State, as a result of examining and totaling the statement of voters transmitted by county elections officials, that voters equal in number to at least 1% of the entire vote of the state at the last gubernatorial election have declared an intention to affiliate with that party.

This bill would revise these provisions for a party to qualify to participate in a presidential general election. This bill would provide that a party is qualified if, at the last preceding gubernatorial primary election, the sum of the votes casts for all of the candidates for an office voted on throughout the state who disclosed a preference for that party on the ballot was at least 2% of the entire vote of the state for that office. Notwithstanding this provision, the bill would authorize the party to inform the Secretary of State that it declines to have the votes cast for a candidate counted towards the 2% qualification threshold. This bill would also provide that a party is qualified to participate if it appears to the Secretary of State that voters equal in number to at least 0.33% of the total number of voters registered on the 123rd day before the presidential general election have declared their preference for that party.

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

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

SECTION 1.  

Section 5100 of the Elections Code is amended
to read:

5100.  

A party is qualified to participate in begin delete any end delete begin insert a end insert primary
election under any of the following conditions:

(a)  begin delete If at end delete begin insert (1) end insert begin insert   end insert begin insert At end insert the last preceding gubernatorial begin delete election there
was polled for any one of its candidates for any end delete begin insert primary election,
the sum of the votes cast for all of the candidates for an end insert office
voted on throughout the begin delete state, end delete begin insert state who disclosed a preference
for that party on the ballot was end insert at least 2 percent of the entire vote
of the state begin insert for that office end insert .

begin insert

(2) Notwithstanding paragraph (1), a party may inform the
Secretary of State that it declines to have the votes cast for any
candidate who has disclosed that party as his or her party
preference on the ballot counted toward the 2 percent qualification
threshold. If the party wishes to have votes for any candidate not
counted in support of its qualification under paragraph (1), the
party shall notify the Secretary in writing of that candidate’s name
by the 7th day prior to the gubernatorial primary election.

end insert

(b)  begin delete If on end delete begin insert On end insert or before the 135th day before begin delete any end delete begin insert a end insert primary
election, it appears to the Secretary of State, as a result of
examining and totaling the statement of voters and their begin insert declared end insert
political begin delete affiliations end delete begin insert preference end insert transmitted to him or her by the
county elections officials, that voters equal in number to at least
begin delete 1 percent of the entire vote of the state at the last preceding
gubernatorial election end delete begin insert 0.33 percent of the total number of voters
registered on the 154th day before the primary election end insert have
declared their begin delete intention to affiliate with end delete begin insert preference for end insert that party.

(c)  begin delete If on end delete begin insert On end insert or before the 135th day before begin delete any end delete begin insert a end insert primary
election, there is filed with the Secretary of State a petition signed
by voters, equal in number to at least 10 percent of the entire vote
of the state at the last preceding gubernatorial election, declaring
that they represent a proposed party, the name of which shall be
stated in the petition, which proposed party those voters desire to
have participate in that primary election. This petition shall be
circulated, signed, begin insert and end insert verified begin insert , end insert and the signatures of the voters
on it shall be certified to and transmitted to the Secretary of State
by the county elections officials substantially as provided for
initiative petitions. Each page of the petition shall bear a caption
in 18-point boldface type, which caption shall be the name of the
proposed party followed by the words “Petition to participate in
the primary election.”

SEC. 2.  

Section 5151 of the Elections Code is amended to read:

5151.  

A party is qualified to participate in a presidential general
election under any of the following conditions:

(a)  begin delete If the end delete begin insert The end insert party qualified to participate and participated in
the presidential primary election preceding the presidential general
election pursuant to Section 5100.

(b)  begin delete If at end delete begin insert (1) end insert begin insert   end insert begin insert At end insert the last preceding gubernatorial begin delete election there
was polled for any one of its candidates for any end delete begin insert primary election,
the sum of the votes cast for all of the candidates for an end insert office
voted on throughout the state begin insert end insert begin insert who disclosed a preference for that
party on the ballot was end insert at least 2 percent of the entire vote of the
state begin insert for that office end insert .

begin insert

(2) Notwithstanding paragraph (1), a party may inform the
Secretary of State that it declines to have the votes cast for any
candidate who has disclosed that party as his or her party
preference on the ballot counted toward the 2 percent qualification
threshold. If the party wishes to have votes for any candidate not
counted in support of its qualification under paragraph (1), the
party shall notify the Secretary in writing of that candidate’s name
by the 7th day prior to the gubernatorial primary election.

end insert

(c) If on or before the 102nd day before a presidential general
election, it appears to the Secretary of State, as a result of
examining and totaling the statement of voters and their begin insert declared end insert
political begin delete affiliations end delete begin insert preference end insert transmitted to him or her by the
county elections officials, that voters equal in number to at least
begin delete 1 percent of the entire vote of the state at the last preceding
gubernatorial election end delete begin insert 0.33 percent of the total number of voters
registered on the 123rd day before the presidential general election end insert
have declared their begin delete intention to affiliate with end delete begin insert preference for end insert that
party.

(d)  begin delete If on end delete begin insert On end insert or before the 135th day before a presidential general
election, there is filed with the Secretary of State a petition signed
by voters, equal in number to at least 10 percent of the entire vote
of the state at the last preceding gubernatorial election, declaring
that they represent a proposed party, the name of which shall be
stated in the petition, which proposed party those voters desire to
have participate in that presidential general election. This petition
shall be circulated, signed, and verified begin insert , end insert and the signatures of the
voters on it shall be certified to and transmitted to the Secretary
of State by the county elections officials substantially as provided
for initiative petitions. Each page of the petition shall bear a caption
in 18-point boldface type, which caption shall be the name of the
proposed party followed by the words “Petition to participate in
the presidential general election.”