BILL ANALYSIS
SB 6
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( Without Reference to File )
SENATE THIRD READING
SB 6 (Maldonado)
As Amended February 19, 2009
Majority vote
SENATE VOTE :Vote not relevant
SUMMARY : Makes numerous statutory changes to implement the open
primary proposed by SCA 4. Specifically, this bill :
1)Specifies that the following offices are "voter-nominated offices":
a) Governor;
b) Lieutenant Governor;
c) Secretary of State;
d) Controller;
e) Treasurer;
f) Attorney General;
g) Insurance Commissioner;
h) United States Senator;
i) Representative in Congress;
j) State Senator;
aa) Assemblymember; and,
bb) Member of the Board of Equalization.
2)Eliminates the ability of a voter to choose to affiliate with a
political party at the time that he or she registers to vote, and
instead allows a voter to indicate the name of the political party
that he or she prefers at the time he or she registers to vote.
Provides that a voter who is affiliated with a political party on
the effective date of this bill will be deemed to have chosen the
same party as his or her political party preference.
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3)Requires the voter registration card to contain a notification that
any registered voter may vote for any candidate at a primary
election for a voter-nominated office, regardless of the party
preference of the voter.
4)Allows a candidate for a voter-nominated office to have his or her
party preference or lack of a party preference, as disclosed on that
candidate's voter registration, appear on the ballot next to the
candidate's name. Prohibits a candidate from changing his or her
party preference on the ballot between the primary and general
election. Allows a candidate to choose not to have the party
preference disclosed on his or her voter registration appear on the
ballot next to that candidate's name.
5)Requires the Secretary of State (SOS) to conduct public voter
education campaigns about the open primary proposed by SCA 4 using
existing resources.
6)Provides that if one of the candidates who received the most votes
at a primary election for a voter-nominated office dies or is
otherwise unable to appear on the general election ballot, the
candidate who received the next most votes at the primary election
will appear on the general election ballot.
7)Requires the SOS to post a list on his or her web site identifying
the party preference history for the past 10 years of each candidate
for a voter-nominated office. Requires this list to be posted not
later than five days before the SOS transmits the certified list of
candidates to county elections officials, and requires the party
preference history for a candidate to remain on the SOS's web site
until the completion of the official canvass for the election at
which that candidate sought office.
8)Repeals the requirement that a candidate must have been unaffiliated
with a political party for at least 13-months prior to the general
election in order to run as an Independent candidate for office.
9)Eliminates the ability of voters to write-in candidates for a
voter-nominated office at a general election, and eliminates the
ability of candidates to run as write-in candidates for a
voter-nominated office at a general election.
10)Requires the SOS to include various notices on his or her web site
and in the state ballot pamphlet that explain the electoral
procedures for nonpartisan offices, partisan offices, and
voter-nominated offices. Requires these notices to be posted at the
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polling place on election day.
11)Requires county elections officials to print lists of candidates
that are endorsed by the political parties in the sample ballot.
12)Makes various corresponding and conforming changes.
13)Provides that the provisions of this bill will become effective
only if SCA 4 is submitted to the voters and approved.
FISCAL EFFECT : Unknown
COMMENTS : This bill makes various substantive changes as well as a
number of minor and conforming changes to the Elections Code and other
provisions of law to implement the provisions of SCA 4 if that measure
is approved by voters.
The provisions of this bill will become effective only if SCA 4 is
approved by voters.
Analysis Prepared by : Ethan Jones / E. & R. / (916) 319-2094
Keali'i Bright / Budget / (916) 319-2099
FN: 0000169