BILL NUMBER: AB 2351 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 21, 2014
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.
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.
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."
SEC. 1.5. 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 0.33
percent of the entire vote of the state at the last
preceding gubernatorial 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 political party
qualification 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 the voters signing the petition
support qualification of 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, verified 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) 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."
SEC. 2.5. 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 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 of State in writing of that candidate's name by
the seventh day prior to the gubernatorial primary election.
(c) If on 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 political party qualification
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
the voters signing the petition support qualification
of 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."
SEC. 3. (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.
(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.