AB 1075, as amended, Olsen. Primary elections: voter-nominated offices.
Existing provisions of the California Constitution require that all voters may vote for any candidate at a voter-nominated primary election for congressional and state elective offices, without regard to the political party preference of the candidate or the voter. These provisions also require that the top 2 vote-getters in a voter-nominated primary election, regardless of party preference, compete in the ensuing general election.
Existing law provides generally for the conduct of primary elections. Existing statutory law implements the above-mentioned constitutional provisions relating to voter-nominated primary elections for congressional and state elective offices, including the requirement that the top 2 vote-getters compete in the general election, regardless of party preference.
This bill would provide that a candidate for a voter-nominated office that is a state elective office who receives at least 60% of the votes cast for that office in a primary election that is not a special primary election shall be declared elected to that office.
This bill would provide that its provisions become operative only if ACAbegin delete ____end deletebegin insert 10end insert of the 2013-14 Regular Session is approved by the voters.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 359.5 of the Elections Code is amended
2to read:
(a) “Voter-nominated office” means a congressional
4or state elective office for which a candidate may choose to have
5his or her party preference or lack of party preference indicated
6upon the ballot. A political party or party central committee shall
7not nominate a candidate at a state-conducted primary election for
8a voter-nominated office. The primary election conducted for a
9voter-nominated office does not serve to determine the nominees
10of a political party but serves to winnow the candidates for the
11general election to the candidates receiving the highest or second
12highest number of votes cast at the primary election, or to elect a
13
candidate in the manner provided inbegin delete Sectionsend deletebegin insert Sectionend insert 8141.5. The
14following offices are voter-nominated offices:
15(1) Governor.
16(2) Lieutenant Governor.
17(3) Secretary of State.
18(4) Controller.
19(5) Treasurer.
20(6) Attorney General.
21(7) Insurance Commissioner.
22(8) Member of the State Board of Equalization.
23(9) United States Senator.
24(10) Member of the United States House of Representatives.
25(11) State Senator.
26(12) Member of the Assembly.
27(b) This section does not prohibit a political party or party
28central committee from endorsing, supporting, or opposing a
29candidate for an office listed in subdivision (a).
Section 8141.5 of the Elections Code is amended to
31read:
(a) Except as provided in subdivision (b) of this section
33and in subdivision (b) of Section 8142, only the candidates for a
P3 1voter-nominated office who receive the highest or second highest
2number of votes cast at the primary election shall appear on the
3ballot as candidates for that office at the ensuing general election.
4More than one candidate with the same party preference
5designation may participate in the general election pursuant to this
6subdivision. Notwithstanding the designation made by the
7candidate pursuant to Section 8002.5, no candidate for a
8voter-nominated office shall be deemed to be the official nominee
9for that office of any political party, and no party is entitled to have
10a candidate with its party preference designation
participate in the
11general election unless that candidate is one of the candidates
12receiving the highest or second highest number of votes cast at the
13primary election.
14(b) If a candidate for a voter-nominated office that is a state
15elective office receives at least 60 percent of all votes cast for that
16office at a primary election that is not a special election to fill a
17vacancy in that office, he or she shall be declared elected and no
18general election shall be held for that office. The term of office
19for a candidate declared elected pursuant to this subdivision shall
20commence at the time that the term of office would have
21
commenced if the candidate had been elected at the general
22election.
Section 8142 of the Elections Code is amended to read:
(a) In the case of a tie vote, nonpartisan candidates
25receiving the same number of votes shall be candidates at the
26ensuing general election if they qualify pursuant to Section 8141
27whether or not there are more candidates at the general election
28than prescribed by this article. In no case shall the tie be determined
29by lot.
30(b) In the case of a tie vote among candidates at a primary
31election for a voter-nominated office, the following applies:
32(1) All candidates receiving the highest number of votes cast
33for any candidate shall be candidates at the ensuing general election
34whether or not there are more candidates at the
general election
35than prescribed by this article.
36(2) Notwithstanding Section 8141.5, if a tie vote among
37candidates results in more than one primary candidate qualifying
38for the general election pursuant to subdivision (a), candidates
39receiving fewer votes shall not be candidates at the general election,
40even if they receive the second highest number of votes cast.
P4 1(3) If only one candidate receives the highest number of votes
2cast but there is a tie vote among two or more candidates receiving
3the second highest number of votes cast, each of those second-place
4candidates shall be a candidate at the ensuing general election
5along with the candidate receiving the highest number of votes
6cast, regardless of whether there are more candidates at the general
7election than
prescribed by this article. This paragraph shall not
8apply to a primary election for a voter-nominated office that is a
9state elective office if the candidate who receives the highest
10number of votes cast for the state elective office is declared elected
11pursuant to subdivision (b) of Section 8141.5.
12(4) In no case shall the tie be determined by lot.
Section 8150 of the Elections Code is amended to read:
The certificate of the Secretary of State showing
15candidates nominated or selected at a primary election, or declared
16elected pursuant to subdivision (b) of Section 8141.5, and justices
17of the Supreme Court and courts of appeal to appear on the general
18elections ballot, shall be in a form prescribed by the Secretary of
19State.
Section 9083.5 of the Elections Code is amended to
21read:
(a) If a candidate for nomination or election to a
23partisan office will appear on the ballot, the Secretary of State shall
24include in the state ballot pamphlet a written explanation of the
25election procedure for such offices. The explanation shall read
26substantially similar to the following:
28PARTY-NOMINATED/PARTISAN OFFICES
29Under the California Constitution, political parties may formally
30nominate candidates for party-nominated/partisan offices at the
31primary election. A candidate so nominated will then represent
32that party as its official candidate for the office in question at the
33ensuing general election and the ballot will
reflect an official
34designation to that effect. The top vote-getter for each party at the
35primary election is entitled to participate in the general election.
36Parties also elect officers of official party committees at a partisan
37primary.
38No voter may vote in the primary election of any political party
39other than the party he or she has disclosed a preference for upon
40registering to vote. However, a political party may authorize a
P5 1person who has declined to disclose a party preference to vote in
2that party’s primary election.
4(b) If a candidate for nomination or election to a voter-nominated
5office will appear on the ballot, the Secretary of State shall include
6in the state ballot pamphlet a written explanation of the election
7procedure for such offices.
The explanation shall read substantially
8similar to the following:
10VOTER-NOMINATED OFFICES
11Under the California Constitution, political parties are not entitled
12to formally nominate candidates for voter-nominated offices at the
13primary election. A candidate nominated for a voter-nominated
14office at the primary election is the nominee of the people and not
15the official nominee of any party at the following general election.
16A candidate for nomination or election to a voter-nominated office
17shall have his or her party preference, or lack of party preference,
18reflected on the primary and general election ballot, but the party
19preference designation is selected solely by the candidate and is
20shown for the information of the voters only. It does not constitute
21or imply an endorsement of
the candidate by the party designated,
22or affiliation between the party and candidate, and no candidate
23nominated by the qualified voters for any voter-nominated office
24shall be deemed to be the officially nominated candidate of any
25political party. The parties may list the candidates for
26voter-nominated offices who have received the official endorsement
27of the party in the sample ballot.
28All voters may vote for any candidate for a voter-nominated
29office, provided they meet the other qualifications required to vote
30for that office. The top two vote-getters at the primary election
31advance to the general election for the voter-nominated office,
32even if both candidates have specified the same party preference
33designation. However, if a candidate for a voter-nominated office
34that is a state elective office receives at least 60 percent of all votes
35cast for
that office at a primary election that is not a special primary
36election, that candidate shall be declared elected, and no general
37election shall be held for that office. No party is entitled to have
38a candidate with its party preference designation participate in the
39general election unless
that candidate is one of the two highest
40vote-getters at the primary election.
P6 2(c) If a candidate for nomination or election to a nonpartisan
3office, other than judicial office, will appear on the ballot, the
4Secretary of State shall include in the state ballot pamphlet a
5
written explanation of the election procedure for such offices. The
6explanation shall read substantially similar to the following:
8NONPARTISAN OFFICES
9Under the California Constitution, political parties are not entitled
10to nominate candidates for nonpartisan offices at the primary
11election, and a candidate nominated for a nonpartisan office at the
12primary election is not the official nominee of any party for the
13office in question at the ensuing general election. A candidate for
14nomination or election to a nonpartisan office may NOT designate
15his or her party preference, or lack of party preference, on the
16primary and general election ballot. If a candidate for a nonpartisan
17office at a primary election receivesbegin delete votes on at least 60 percentend deletebegin insert
a
18majorityend insert of allbegin delete the ballotsend deletebegin insert votesend insert cast for that office, the candidate
19shall be elected to that office, and the office shall not appear on
20the ballot at the ensuing general election. Otherwise, the top two
21vote-getters at the primary election advance to the general election
22for the nonpartisan office.
24(d) Posters or other printed materials containing the notices
25specified in subdivisions (a) to (c), inclusive, shall be included in
26the precinct supplies pursuant to Section 14105.
Section 15452 of the Elections Code is amended to
28read:
The person who receives a plurality of the votes cast
30for any office is elected or nominated to that office in any election,
31except with respect to the following:
32(1) An election for which different provision is made by any
33city or county charter.
34(2) A municipal election for which different provision is made
35by the laws under which the city is organized.
36(3) The election of local officials in primary elections as
37specified in Article 8 (commencing with Section 8140) of Chapter
381 of Part 1 of Division 8.
39(4) The
nomination of candidates for a voter-nominated office
40at the primary election to participate in the general election for
P7 1that office as specified in Article 8 (commencing with Section
28140) of Chapter 1 of Part 1 of Division 8 where no candidate for
3a voter-nominated office that is a state election office receives at
4least 60 percent of the votes cast for that office in the primary
5election.
This act shall become operative only if Assembly
7Constitutional Amendmentbegin delete ____end deletebegin insert 10end insert of the 2013-14 Regular
8Session is approved by the voters.
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