BILL ANALYSIS
AB 1689
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CONCURRENCE IN SENATE AMENDMENTS
AB 1689 (Torres)
As Amended June 17, 2010
Majority vote
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|ASSEMBLY: |74-0 |(April 22, |SENATE: |33-0 |(August 5, |
| | |2010) | | |2010) |
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Original Committee Reference: E. & R.
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 (Convention) with the
standing rules and bylaws of the Democratic National Committee
(DNC). Requires the Chairperson of the Democratic State Central
Committee (DSCC) to indicate the apparent nominees for President
and Vice President to the Secretary of State (SOS), if the
Convention will conclude after the deadline for the SOS to
deliver certificates of nomination to local elections officials.
Specifically, this bill :
1)Requires the elements and practices to select delegates and
alternates to represent the state at a Convention to be the
same as set forth in the standing rules and bylaws of the DNC
and the California Democratic Party (CDP). Requires the CDP
to post its standing rules and bylaws related to the process
for selecting delegates and alternates on its Internet Web
site.
2)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.
3)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. Requires the chairperson
of the CDP to notify the SOS on or before the 120th day prior
to the presidential primary election regarding the type of
districts that will be used to select delegates and alternates
for the Convention.
4)Moves up the deadline, from the 63rd day to the 68th day
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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. 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.
5)Makes various minor changes to provisions of state law
governing the Democratic delegate selection process to conform
to the rules and bylaws of the CDP and DNC, and repeals
various provisions of state law that are inconsistent with
those rules and bylaws.
The Senate amendments :
1)Require the Chairperson of the DSCC, if the Convention will
conclude after the deadline for the SOS to deliver
certificates of nomination to local elections officials, to
notify the SOS of the apparent nomination of the Democratic
candidates for President and Vice President of the United
States if all of the following conditions apply:
a) A candidate for President has attained enough delegate
votes to assure his or her nomination at the convention;
b) That candidate for President has identified a person to
run for Vice President; and,
c) The Convention is likely to nominate the presidential
candidate's choice for Vice President.
2)Require this notification to be made not later than 78 days
prior to the election if the apparent nominations are known at
that time, or as soon as each of the apparent nominations
become known, but not later than 61 days prior to the
election.
3)Require the SOS to prepare the certificates of nomination to
include the candidates indicated by the Chairperson of the
DSCC.
4)Provide that these provisions shall be repealed on January 1,
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2013, unless a later enacted statute deletes or extends that
date.
AS PASSED BY THE ASSEMBLY , this bill was similar to the current
version of the bill except that it did not contain the
provisions that require the Chairperson of the DSCC to indicate
the apparent nominees for President and Vice President to the
SOS, if the Convention will conclude after the deadline for the
SOS to deliver certificates of nomination to local elections
officials.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : 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 Alquist Open Presidential Primary Act (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."
Analysis Prepared by : Ethan Jones / E. & R. / (916) 319-2094
FN: 0005385