BILL NUMBER: SB 28 CHAPTERED
BILL TEXT
CHAPTER 898
FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2000
APPROVED BY GOVERNOR SEPTEMBER 28, 2000
PASSED THE SENATE AUGUST 30, 2000
PASSED THE ASSEMBLY AUGUST 28, 2000
AMENDED IN ASSEMBLY AUGUST 25, 2000
AMENDED IN ASSEMBLY AUGUST 11, 2000
AMENDED IN ASSEMBLY AUGUST 7, 2000
AMENDED IN ASSEMBLY JULY 6, 2000
AMENDED IN ASSEMBLY APRIL 14, 1999
AMENDED IN ASSEMBLY MARCH 25, 1999
AMENDED IN SENATE MARCH 11, 1999
AMENDED IN SENATE JANUARY 26, 1999
INTRODUCED BY Senator Peace
(Principal coauthor: Assembly Member Scott)
DECEMBER 7, 1998
An act to amend Section 3006, to repeal Section 2001 of, and to
repeal and add Sections 2151, 13102, 13203, 13206, 13230, 13300,
13301, and 13302 of, the Elections Code, relating to primary
elections.
LEGISLATIVE COUNSEL'S DIGEST
SB 28, Peace. Primary elections.
(1) Existing law governing partisan primary elections, until 1996,
provided for what is commonly known as a "closed" partisan primary,
in which only persons who are registered members of a political party
may vote the ballot of that political party. Those provisions were
amended by the adoption of Proposition 198, an initiative statute
approved by the voters at the March 26, 1996, direct primary
election. The amendments made by Proposition 198 changed the primary
system to what is known as a "blanket" primary, in which all
registered voters may vote for any candidate for each public office,
regardless of political affiliation and without a declaration of
political faith or allegiance.
On June 26, 2000, the United States Supreme Court in California
Democratic Party v. Jones, ruled that the state's "blanket" primary
system established by Proposition 198 is unconstitutional because it
violates a political party's First Amendment right of association.
This bill would repeal the amendments made by Proposition 198, and
would reenact provisions similar to those in effect prior to 1996
providing for a "closed" partisan primary, but authorizing persons
who decline to state a party affiliation to vote the ballot of a
political party if authorized by the rules of that party, duly
noticed to the Secretary of State, as provided. This bill would make
certain conforming changes.
(2) Existing law requires specified information on a printed
application that is distributed to voters for requesting an absent
voter ballot.
This bill would further require the application to inform the
voter that if he or she is not affiliated with a political party, the
voter may request an absentee ballot for a particular political
party for the primary election, if that political party has adopted a
party rule, duly noticed by the Secretary of State, authorizing that
vote. The bill would require the application to contain a check-off
box allowing the voter to make that request.
This bill would impose a state-mandated local program by imposing
new duties on local elections officials in implementing its
provisions.
(3) The bill would incorporate additional provisions to Section
13300 of the Elections Code to take effect if this bill and AB 1094
are both enacted and become effective on or before January 1, 2001,
and this bill is enacted last.
(4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2001 of the Elections Code is repealed.
SEC. 2. Section 2151 of the Elections Code, as added by Chapter
920 of the Statutes of 1994, is repealed.
SEC. 3. Section 2151 of the Elections Code, as amended by
Proposition 198 at the March 26, 1996, direct primary election, is
repealed.
SEC. 4. Section 2151 is added to the Elections Code, to read:
2151. At the time of registering and of transferring
registration, each elector may declare the name of the political
party with which he or she intends to affiliate at the ensuing
primary election. The name of that political party shall be stated
in the affidavit of registration and the index.
The voter registration card shall inform the affiant that any
elector may decline to state a political affiliation, but no person
shall be entitled to vote the ballot of any political party at any
primary election unless he or she has stated the name of the party
with which he or she intends to affiliate or unless he or she has
declined to state a party affiliation and the political party, by
party rule duly noticed to the Secretary of State, authorizes a
person who has declined to state a party affiliation to vote the
ballot of that political party. The voter registration card shall
include a listing of all qualified political parties.
No person shall be permitted to vote the ballot of any party or
for any delegates to the convention of any party other than the party
designated in his or her registration, except as provided by Section
2152 or unless he or she has declined to state a party affiliation
and the party, by party rule duly noticed to the Secretary of State,
authorizes a person who has declined to state a party affiliation to
vote the party ballot or for delegates to the party convention.
SEC. 5. Section 3006 of the Elections Code is amended to read:
3006. (a) Any printed application that is to be distributed to
voters for requesting absent voter ballots shall contain spaces for
the following:
(1) The printed name and residence address of the voter as it
appears on the affidavit of registration.
(2) The address to which the ballot is to be mailed.
(3) The voter's signature.
(4) The name and date of the election for which the request is to
be made.
(5) The date the application must be received by the elections
official.
(b) (1) The information required by paragraphs (1), (4), and (5)
of subdivision (a) may be preprinted on the application. The
information required by paragraphs (2) and (3) of subdivision (a)
shall be personally affixed by the voter.
(2) An address, as required by paragraph (2) of subdivision (a),
may not be the address of any political party, a political campaign
headquarters, or a candidate's residence. However, a candidate, his
or her spouse, immediate family members, and any other voter who
shares the same residence address as the candidate may request that
an absentee ballot be mailed to the candidate's residence address.
(3) Any application which contains preprinted information shall
contain a conspicuously printed statement, as follows: "You have the
legal right to mail or deliver this application directly to the
local elections official of the county where you reside."
(c) The application shall inform the voter that if he or she is
not affiliated with a political party, the voter may request an
absentee ballot for a particular political party for the primary
election, if that political party has adopted a party rule, duly
noticed to the Secretary of State, authorizing that vote. The
application shall contain a phone number that the voter may call to
inquire which political parties have adopted such a rule. The
application shall contain a check-off box with a conspicuously
printed statement that reads, as follows: "I am not presently
affiliated with any political party. However, for the primary
election only, I request an absentee ballot for the _________ Party."
The name of the political party shall be personally affixed by the
voter.
(d) The application shall provide the voters with information
concerning the procedure for establishing permanent absentee voter
status, and the basis upon which permanent absentee voter status is
claimed.
(e) The application shall be attested to by the voter as to the
truth and correctness of its content, and shall be signed under
penalty of perjury.
SEC. 6. Section 13102 of the Elections Code, as added by Chapter
920 of the Statutes of 1994, is repealed.
SEC. 7. Section 13102 of the Elections Code, as amended by
Proposition 198 at the March 26, 1996, direct primary election, is
repealed.
SEC. 8. Section 13102 is added to the Elections Code, to read:
13102. (a) All voting shall be by ballot. There shall be
provided, at each polling place, at each election at which public
officers are to be voted for, but one form of ballot for all
candidates for public office, except that, for partisan primary
elections, one form of ballot shall be provided for each qualified
political party as well as one form of nonpartisan ballot, in
accordance with subdivision (b).
(b) At partisan primary elections, each voter not registered as
intending to affiliate with any one of the political parties
participating in the election shall be furnished only a nonpartisan
ballot, unless he or she requests a ballot of a political party and
that political party, by party rule duly noticed to the Secretary of
State, authorizes a person who has declined to state a party
affiliation to vote the ballot of that political party. The
nonpartisan ballot shall contain only the names of all candidates for
nonpartisan offices and measures to be voted for at the primary
election. Each voter registered as intending to affiliate with a
political party participating in the election shall be furnished only
a ballot of the political party with which he or she is registered
and the nonpartisan ballot, both of which shall be printed together
as one ballot in the form prescribed by Section 13207.
(c) A political party may adopt a party rule in accordance with
subdivision (b) that authorizes a person who has declined to state a
party affiliation to vote the ballot of that political party at the
next ensuing partisan primary election. The political party shall
notify the party chairman immediately upon adoption of that party
rule. The party chairman shall provide written notice of the
adoption of that rule to the Secretary of State not later than the
60th day prior to the partisan primary election at which the vote is
authorized.
SEC. 9. Section 13203 of the Elections Code, as added by Chapter
920 of the Statutes of 1994, is repealed.
SEC. 10. Section 13203 of the Elections Code, as amended by
Proposition 198 at the March 26, 1996, direct primary election, is
repealed.
SEC. 11. Section 13203 is added to the Elections Code, to read:
13203. Across the top of the ballot shall be printed in
heavy-faced gothic capital type not smaller than 30-point, the words
"OFFICIAL BALLOT." However, if the ballot is no wider than a single
column, the words "OFFICIAL BALLOT" may be as small as 24-point.
Beneath this heading, in the case of a partisan primary election,
shall be printed in 18-point boldface gothic capital type the
official party designation or the words "NONPARTISAN BALLOT" as
applicable. Beneath the heading line or lines, there shall be
printed, in boldface type as large as the width of the ballot makes
possible, the number of the congressional, Senate, and Assembly
district, the name of the county in which the ballot is to be voted,
and the date of the election.
SEC. 12. Section 13206 of the Elections Code, as added by Chapter
920 of the Statutes of 1994, is repealed.
SEC. 13. Section 13206 of the Elections Code, as amended by
Proposition 198 at the March 26, 1996, direct primary election, is
repealed.
SEC. 14. Section 13206 is added to the Elections Code, to read:
13206. (a) On the partisan ballot used in a direct primary
election, immediately below the instructions to voters, there shall
be a box one-half inch high enclosed by a heavy-ruled line the same
as the borderline. This box shall be as long as there are columns
for the partisan ballot and shall be set directly above these
columns. Within the box shall be printed in 24-point boldface gothic
capital type the words "Partisan Offices."
(b) The same style of box described in subdivision (a) shall also
appear over the columns of the nonpartisan part of the ballot and
within the box in the same style and point size of type shall be
printed "Nonpartisan Offices."
SEC. 15. Section 13230 of the Elections Code, as added by Chapter
920 of the Statutes of 1994, is repealed.
SEC. 16. Section 13230 of the Elections Code, as amended by
Proposition 198 at the March 26, 1996, direct primary election, is
repealed.
SEC. 17. Section 13230 is added to the Elections Code, to read:
13230. (a) If the county elections official determines that, due
to the number of candidates and measures that must be printed on the
ballot, the ballot will be larger than may be conveniently handled,
the county elections official may provide that a nonpartisan ballot
shall be given to each partisan voter, together with his or her
partisan ballot, and that the material appearing under the heading
"Nonpartisan Offices" on partisan ballots, as well as the heading
itself, shall be omitted from the partisan ballots.
(b) If the county elections official so provides, the procedure
prescribed for the handling and canvassing of ballots shall be
modified to the extent necessary to permit the use of two ballots by
partisan voters. The county elections official may, in this case,
order the second ballot to be printed on paper of a different tint,
and assign to those ballots numbers higher than those assigned to the
ballots containing partisan offices.
(c) "Partisan voters," for purposes of this section, includes
persons who have declined to state a party affiliation, but who have
chosen to vote the ballot of a political party as authorized by that
party's rules duly noticed to the Secretary of State.
SEC. 18. Section 13300 of the Elections Code, as added by Chapter
920 of the Statutes of 1994, is repealed.
SEC. 19. Section 13300 of the Elections Code, as amended by
Proposition 198 at the March 26, 1996, direct primary election, is
repealed.
SEC. 20. Section 13300 is added to the Elections Code, to read:
13300. (a) By at least 29 days before the primary, each county
elections official shall prepare separate sample ballots for each
political party and a separate sample nonpartisan ballot, placing
thereon in each case in the order provided in Chapter 2 (commencing
with Section 13100), and under the appropriate title of each office,
the names of all candidates for whom nomination papers have been duly
filed with him or her or have been certified to him or her by the
Secretary of State to be voted for in his or her county at the
primary election.
(b) The sample ballot shall be identical to the official ballots,
except as otherwise provided by law. The sample ballots shall be
printed on paper of a different texture from the paper to be used for
the official ballot.
(c) One sample ballot of the party to which the voter belongs, as
evidenced by his or her registration, shall be mailed to each voter
entitled to vote at the primary not more than 40 nor less than 10
days before the election. A nonpartisan sample ballot shall be so
mailed to each voter who is not registered as intending to affiliate
with any of the parties participating in the primary election,
provided that on election day any such person may, upon request, vote
the ballot of a political party if authorized by the party's rules,
duly noticed to the Secretary of State.
SEC. 20.5. Section 13300 is added to the Elections Code, to read:
(a) By at least 29 days before the primary, each county elections
official shall prepare separate sample ballots for each political
party and a separate sample nonpartisan ballot, placing thereon in
each case in the order provided in Chapter 2 (commencing with Section
13100), and under the appropriate title of each office, the names of
all candidates for whom nomination papers have been duly filed with
him or her or have been certified to him or her by the Secretary of
State to be voted for in his or her county at the primary election.
(b) The sample ballot shall be identical to the official ballots,
except as otherwise provided by law. The sample ballots shall be
printed on paper of a different texture from the paper to be used for
the official ballot.
(c) One sample ballot of the party to which the voter belongs, as
evidenced by his or her registration, shall be mailed to each voter
entitled to vote at the primary who registered at least 29 days prior
to the election not more than 40 nor less than 10 days before the
election. A nonpartisan sample ballot shall be so mailed to each
voter who is not registered as intending to affiliate with any of the
parties participating in the primary election, provided that on
election day any such person may, upon request, vote the ballot of a
political party if authorized by the party's rules, duly noticed to
the Secretary of State.
SEC. 21. Section 13301 of the Elections Code, as added by Chapter
920 of the Statutes of 1994, is repealed.
SEC. 22. Section 13301 of the Elections Code, as amended by
Proposition 198 at the March 26, 1996, direct primary election, is
repealed.
SEC. 23. Section 13301 is added to the Elections Code, to read:
13301. (a) At the time the county elections official prepares
sample ballots for the presidential primary, he or she shall also
prepare a list with the name of candidates for delegates for each
political party. The names of the candidates for delegates of any
political party shall be arranged upon the list of candidates for
delegates of that party in parallel columns under their preference
for President. The order of groups on the list shall be alphabetical
according to the names of the persons they prefer to appear upon the
ballot. Each column shall be headed in boldface 10-point, gothic
type as follows: "The following delegates are pledged to ____." (The
blank being filled in with the name of that candidate for
presidential nominee for whom the members of the group have expressed
a preference.) The names of the candidates for delegates shall be
printed in eight-point, roman capital type.
(b) Copies of the list of candidates for delegates of each party
shall be submitted by the county elections official to the
chairperson of the county central committee of that party, and the
county elections official shall post a copy of each list in a
conspicuous place in his or her office.
SEC. 24. Section 13302 of the Elections Code, as added by Chapter
920 of the Statutes of 1994, is repealed.
SEC. 25. Section 13302 of the Elections Code, as amended by
Proposition 198 at the March 26, 1996, direct primary election, is
repealed.
SEC. 26. Section 13302 is added to the Elections Code, to read:
13302. The county elections official shall forthwith submit the
sample ballot of each political party to the chairperson of the
county central committee of that party, and shall mail a copy to each
candidate for whom nomination papers have been filed in his or her
office or whose name has been certified to him or her by the
Secretary of State, to the post office address as given in the
nomination paper or certification. The county elections official
shall post a copy of each sample ballot in a conspicuous place in his
or her office.
SEC. 27. It is the intent of the Legislature that special
elections to fill vacancies in legislative and congressional offices
continue to be conducted pursuant to Chapter 1 (commencing with
Section 10700) of Part 6 of Division 10 of the Elections Code.
SEC. 28. Section 20.5 of this bill incorporates provisions in
Section 13300 of the Elections Code, as proposed to be added by both
this bill and Assembly Bill 1094. It shall only become operative if
(1) both bills are enacted and become effective on or before January
1, 2001, (2) each bill adds Section 13300 to the Elections Code, and
(3) this bill is enacted after AB 1094, in which case Section 20 of
this bill shall not become operative.
SEC. 29. Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.