Bill Text: CA ACA13 | 2015-2016 | Regular Session | Introduced
Bill Title: Presidential elections.
Spectrum: Bipartisan Bill
Status: (Failed) 2016-11-30 - Died at Desk. [ACA13 Detail]
Download: California-2015-ACA13-Introduced.html
BILL NUMBER: ACA 13 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Members Gray and Olsen
JUNE 9, 2016
A resolution to propose to the people of the State of California
an amendment to the Constitution of the State, by amending Section 5
of Article II thereof, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
ACA 13, as introduced, Gray. Presidential elections.
The California Constitution requires the Legislature to provide
for partisan elections for presidential candidates, including an open
presidential primary where the candidates on the ballot are those
found by the Secretary of State to be recognized candidates
throughout the nation or throughout California for the office of
President of the United States, and those whose names are placed on
the ballot by petition, but excluding any candidate who has withdrawn
by filing an affidavit of noncandidacy.
Existing statutory law provides for a presidential primary
election at which delegations to the national conventions of
political parties are chosen. Existing law requires a voter who is
registered as preferring a political party participating in a
presidential primary election to be furnished a ballot for the
political party that he or she prefers, on which the presidential
candidates for that political party are listed. Existing law
prohibits a voter who is not registered as disclosing a preference
for any one of the political parties participating in the election
from voting the ballot of a political party unless the political
party, by party rule duly noticed to the Secretary of State,
authorizes a person who has declined to disclose a party preference
to vote its ballot.
Existing law does not provide for a candidate who is not seeking
the nomination of a political party to participate in the
presidential primary election. However, existing law permits such a
presidential candidate to be nominated, and have his or her name
printed on the general election ballot, by filing independent
nomination papers signed by a specified percentage of voters.
Existing law also provides for write-in candidates at the
presidential general election.
This measure would, instead, require the Legislature to provide
for a presidential primary election at which every ballot contains
the names of all candidates for the office of President of the United
States recognized by the Secretary of State in accordance with
applicable statutes, including candidates who are not seeking the
nomination of a political party for that office. This measure would
authorize a voter to vote for any candidate at the presidential
primary election without regard to the political party preference, or
lack of political party preference, of the voter. This measure would
require the Legislature to enact statutes requiring the Secretary of
State to report to each political party the number of votes cast at
the presidential primary election for each candidate seeking the
nomination of that party in a manner that segregates the votes by the
political party preference, or lack of political party preference,
of the voters. This measure would authorize a political party to
count the votes from the presidential primary election according to
the rules of the party and would authorize the party to place a
candidate of its choice on the general election ballot. This measure
would require the Legislature to provide for a presidential general
election at which every ballot contains the names of the candidates
selected by each political party that participated in the preceding
presidential primary election and the name of the candidate who
received the highest number of voters at the preceding presidential
primary election among candidates not seeking the nomination of a
political party.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
Resolved by the Assembly, the Senate concurring, That the
Legislature of the State of California at its 2015-16 Regular Session
commencing on the first day of December 2014, two-thirds of the
membership of each house concurring, hereby proposes to the people of
the State of California that the Constitution of the State be
amended as follows:
That Section 5 of Article II thereof is amended to read:
SEC. 5. (a) A voter-nomination
voter-nominated primary election shall be conducted to select
the candidates for congressional and state elective offices in
California. All voters may vote at a voter-nominated primary election
for any candidate for congressional and state elective office
without regard to the political party preference disclosed by the
candidate or the voter, provided that the voter is otherwise
qualified to vote for candidates for the office in question. The
candidates who are the top two vote-getters at a
in the voter-nominated primary election for a
congressional or state elective office shall, regardless of party
preference, compete in the ensuing general election.
(b) Except as otherwise provided by Section 6, a candidate for a
congressional or state elective office may have his or her political
party preference, or lack of political party preference, indicated
upon the ballot for the office in the manner provided by statute. A
political party or party central committee shall not nominate a
candidate for any a congressional or
state elective office at the voter-nominated primary.
primary election. This subdivision shall not be
interpreted to prohibit a political party or party central committee
from endorsing, supporting, or opposing any candidate for a
congressional or state elective office. A political party or party
central committee shall not have the right to have its preferred
candidate participate in the general election for a voter-nominated
office other than a candidate who is one of the two highest
vote-getters at the primary election, as provided in subdivision (a).
(c) The Legislature shall provide for partisan elections for
presidential candidates, and political party and
party central committees, including an open presidential
primary whereby the candidates on the ballot are those found by the
Secretary of State to be recognized candidates throughout the nation
or throughout California for the office of President of the United
States, and those whose names are placed on the ballot by petition,
but excluding any candidate who has withdrawn by filing an affidavit
of noncandidacy. committees.
(d) A political party that participated in a primary election for
a partisan office pursuant to subdivision (c) has the right to
participate in the general election for that office and shall not be
denied the ability to place on the general election ballot the
candidate who received, at the primary election, the highest vote
among that party's candidates.
(d) The Legislature shall provide for a presidential primary
election at which every ballot contains the names of all candidates
for the office of President of the United States recognized by the
Secretary of State in accordance with statutes enacted by the
Legislature, including candidates who are not seeking the nomination
of a political party for that office. A voter may vote for any
candidate at the presidential primary election without regard to the
political party preference, or lack of political party preference, of
the voter. The Legislature shall enact statutes that require the
Secretary of State to report to each political party the number of
votes cast at the presidential primary election for each candidate
seeking the nomination of that party for the office of President of
the United States in a manner that segregates the votes by the
political party preference, or lack of political party preference, of
the voters. A political party may count the votes from the
presidential primary election according to the rules of the party and
may place a candidate of its choice on the general election ballot.
(e) The Legislature shall provide for a presidential general
election at which every ballot contains the names of the candidates
selected by each political party that participated in the preceding
presidential primary election and the name of the candidate who
received the highest number of votes at the preceding presidential
primary election among candidates not seeking the nomination of a
political party for the office of President of the United States.
