BILL NUMBER: AB 2351	INTRODUCED
	BILL TEXT


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  any
  a  primary election under any of the following
conditions:
   (a)  If at   (1)     At
 the last preceding gubernatorial  election there was
polled for any one of its candidates for any   primary
election, the sum of the votes cast for all of the candidates for an
 office voted on throughout the  state,  
state who disclosed a preference for that party on the ballot was
 at least 2 percent of the entire vote of the state  for
that office  . 
   (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. 
   (b)  If on   On  or before the 135th day
before  any   a  primary election, it
appears to the Secretary of State, as a result of examining and
totaling the statement of voters and their  declared 
political affiliations   preference 
transmitted to him or her by the county elections officials, that
voters equal in number to at least  1 percent of the entire
vote of the state at the last preceding gubernatorial election
  0.33 percent of the total number of voters registered
on the 154th day before the primary election  have declared
their  intention to affiliate with   preference
for  that party.
   (c)  If on   On  or before the 135th day
before  any   a  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,  and  verified  ,  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)  If the   The  party qualified to
participate and participated in the presidential primary election
preceding the presidential general election pursuant to Section 5100.

   (b)  If at   (1)     At
 the last preceding gubernatorial  election there was
polled for any one of its candidates for any   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 part   y on the ballot was
 at least 2 percent of the entire vote of the state  for
that office  . 
   (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. 
   (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 
declared  political  affiliations  
preference  transmitted to him or her by the county elections
officials, that voters equal in number to at least  1 percent
of the entire vote of the state at the last preceding gubernatorial
election   0.33 percent of the total number of voters
registered on the 123rd day before the presidential general election
 have declared their  intention to affiliate with
  preference for  that party.
   (d)  If on   On    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  ,  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."