BILL ANALYSIS
AB 1689
Page 1
Date of Hearing: April 6, 2010
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Paul Fong, Chair
AB 1689 (Torres) - As Introduced: January 26, 2010
SUBJECT : Elections: Democratic Party.
SUMMARY : Aligns provisions of state law governing the
selection of delegates and alternates to represent the state at
a National Convention of the Democratic Party with the standing
rules and bylaws of the Democratic National Committee (DNC).
Specifically, this bill :
1)Requires the elements and practices to select delegates and
alternates to represent the state at a National Convention of
the Democratic Party to be the same as set forth in the
standing rules and bylaws of the DNC and the California
Democratic Party (CDP), including the following:
a) The form and timeline for any required statement of
candidacy for delegate candidates;
b) The identification of the presidential preference of
delegate candidates;
c) The schedule for, conduct of, and type of districts
used to organize, caucuses for the selection of district
delegate and alternate candidates; and,
d) The allocation of delegates and alternates to
presidential preferences based on the results of the
primary election.
2)Requires the CDP to post any standing rules and bylaws related
to the above provisions on its Internet Web site.
3)Permits a voter who has declined to state a party affiliation
to participate in the delegate selection process in primaries
of the CDP, if the CDP authorizes such participation pursuant
to existing law.
4)Requires the chairperson of the CDP to notify the Secretary of
State (SOS) on or before the 120th day prior to the
presidential primary election regarding the type of districts
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that may be used to select delegates and alternates for the
national convention where the nominee of the Democratic Party
for President of the United States will be selected.
5)Removes a requirement that delegates and alternates be
selected based on Congressional Districts, and instead
provides that delegates and alternates will be selected based
on a formula specified by the DNC.
6)Moves up the deadline, from the 63rd day to the 68th day
before a presidential primary election, for the SOS to
publicly announce and distribute to the news media for
publication a list of the selected Democratic candidates that
he or she intends to place on the ballot at the following
presidential primary election.
7)Changes the date by which a Democratic candidate has to notify
the SOS that he or she wishes to withdraw his or her name from
the list of recognized presidential candidates from the 60th
day to the 68th day before the presidential primary election.
8)Moves up the deadline, from the 63rd day to the 73rd day prior
to a presidential primary election, for an unselected
candidate or an uncommitted delegation of delegates to the
National Convention of the Democratic Party to submit
nomination papers to appear on the ballot at the presidential
primary election.
9)Makes various minor and technical changes to provisions of
state law governing the Democratic delegate selection process
to conform with the rules and bylaws of the CDP and DNC, and
repeals various provision of state law that are inconsistent
with those rules and bylaws.
EXISTING LAW :
1)Establishes the Alquist Open Presidential Primary Act (Act),
which provides specific procedures for the selection of
delegates and alternates to represent the state at the
national convention of the Democratic Party to nominate a
candidate for President of the United States.
2)Provides that participation in the delegate selection process
in primaries and caucuses shall be restricted to Democratic
voters only who publicly declare their party preference as
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Democratic supporters and whose affidavits of registration
declare the Democratic Party as their party affiliation.
3)Requires the chairperson of the CDP to notify the SOS at the
time prescribed as to the number of delegates that may be
selected from each congressional district in connection with
the presidential primary. Requires delegates and alternate
delegates apportioned to each congressional district to be
selected based on the proportion of the vote a presidential
candidate or uncommitted delegation receives within the
congressional district.
FISCAL EFFECT : Unknown
COMMENTS :
1)Purpose of the Bill : According to the author:
Generally, political parties are treated as private
organizations governed by their own bylaws. However, state
law does impose some rules on them, particularly where
their operations intersect with the state's need to conduct
elections. For example, current state law contains
provisions relating to the selection of delegates and
alternates to represent the state at the Democratic
National Convention. However, these laws have not been
updated to reflect changes adopted by the Democratic
National Committee (DNC) and California Democratic Party
(CDP). Further, these laws have not been updated to
reflect other changes to the state's election statutes.
AB 1689 makes multiple changes to [the] Act. For example,
it removes references to specific categories of delegates
and formulas for allocating them and instead requires those
to be provided by the party. It also removes the
requirement that Caucus' be conducted before the state
primary and instead provides the party flexibility to set
those dates. The bill also makes changes to conform the
Act with other changes to the Elections Code.
2)Argument in Support : According to the American Federation of
State, County and Municipal Employees (AFSCME), "this bill
would grant suffrage in this process to those individuals who
are registered 'Decline to State' voters, but who also
requested a Democratic Party ballot during the most recent
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partisan primary election. According to the SOS office, as of
January 5, 2010, 'Decline to State' voters made up 20.2% of
the electorate. It is important that they are allowed to be
included in this process."
3)Previous Legislation : AB 1396 (Torres), Chapter 392, Statutes
of 2009, specifies that the elements and practices of a state
central committee be the same as set forth in the standing
rules and bylaws of the Democratic Party of California, and
requires the party to post its standing rules and bylaws on
its Internet Web site.
AB 965 (Anderson), Chapter 60, Statutes of 2007, requires that
the membership of delegates to the state central committee,
the procedures for notification of members of appointments,
the use of proxies, and the form of appointment of delegate
members be as set forth in the standing rules and bylaws of
the California Republican Party. The bill also requires the
California Republican Party to maintain a current copy of its
standing rules and bylaws for public inspection on the
Internet.
REGISTERED SUPPORT / OPPOSITION :
Support
American Federation of State, County and Municipal Employees
Opposition
None on file.
Analysis Prepared by : Qiana Charles / E. & R. / (916)
319-2094