Amended in Senate August 21, 2014

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 amended, 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.

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This bill would incorporate additional changes to Sections 5100 and 5151 of the Elections Code, as proposed by SB 1043, to be operative only if SB 1043 and this bill are both chaptered and become effective on or before January 1, 2015, and this bill is chaptered last.

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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 a primary election
under any of the following conditions:

(a) (1) 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 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
seventh day prior to the gubernatorial primary election.

(b) On or before the 135th day before 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
preference transmitted to him or her by the county elections
officials, that voters equal in number to at least 0.33 percent of the
total number of voters registered on the 154th day before the
primary election have declared their preference for that party.

(c) On or before the 135th day before 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.”

begin insert

begin insert SEC. 1.5. end insert   

end insert

begin insert Section 5100 of the end insert begin insert Elections Code end insert begin insert is amended to
read: end insert

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 end delete begin insert 0.33 end insert percent of the begin delete entire vote of the state at the last preceding
gubernatorial end delete begin insert total number of voters registered on the 154th day
before the primary end insert election 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 begin insert political party
qualification end insert 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 begin delete they represent end delete begin insert the voters
signing the petition support qualification of end insert 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, begin delete signed, verified end delete begin insert signed and
verified, 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) The party qualified to participate and participated in the
presidential primary election preceding the presidential general
election pursuant to Section 5100.

(b) (1) 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 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
seventh 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 preference transmitted to him or her by the county
elections officials, that voters equal in number to at least 0.33
percent of the total number of voters registered on the 123rd day
before the presidential general election have declared their
preference for that party.

(d) 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.”

begin insert

begin insert SEC. 2.5. end insert   

end insert

begin insert Section 5151 of the end insert begin insert Elections Code end insert begin insert is amended to
read: end insert

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 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 of State in writing of that
candidate’s name by the seventh day prior to the gubernatorial
primary election.

end insert

(c)  begin delete If on end delete begin insert On end insert 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 begin insert political party
qualification end insert 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 begin delete they represent end delete begin insert the voters
signing the petition support qualification of end insert 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.”

begin insert

begin insert SEC. 3. end insert   

end insert begin insert

(a) Section 1.5 of this bill incorporates amendments
to Section 5100 of the Elections Code proposed by both this bill
and Senate Bill 1043. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1,
2015, (2) each bill amends Section 5100 of the Elections Code,
and (3) this bill is enacted after Senate Bill 1043, in which case
Section 1 of this bill shall not become operative.

end insert begin insert

(b) Section 2.5 of this bill incorporates amendments to Section
5151 of the Elections Code proposed by both this bill and Senate
Bill 1043. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2015, (2)
each bill amends Section 5151 of the Elections Code, and (3) this
bill is enacted after Senate Bill 1043, in which case Section 2 of
this bill shall not become operative.

end insert