Bill Text: CA ACA6 | 2009-2010 | Regular Session | Amended
Bill Title: Tax expenditures: operative period.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-08-31 - From committee: Be adopted. (Ayes 12. Noes 5.) (August 27). Read second time. To third reading. [ACA6 Detail]
Download: California-2009-ACA6-Amended.html
BILL NUMBER: ACA 6 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 20, 2009
INTRODUCED BY Assembly Member Charles Calderon
DECEMBER 16, 2008
A resolution to propose to the people of the State of California
an amendment to the Constitution of the State, by repealing
and adding Section 5 of Article II adding Section 36
to Article XIII thereof, relating to primary elections
taxation .
LEGISLATIVE COUNSEL'S DIGEST
ACA 6, as amended, Charles Calderon. Elections: primary
elections. Tax expenditures: operative period.
The California Constitution provides that any changes in state
taxes enacted for the purpose of increasing revenues collected
pursuant thereto, as specified, shall be imposed by an act passed by
not less than 2/3 of all Members elected to each of the 2 houses of
the Legislature, except as provided.
This measure would require that a new tax expenditure, as defined,
or extension of the operation of an existing tax expenditure, as
defined, that is enacted by a legislative measure be operative for a
period of 7 years or for any shorter period specified in that
measure.
Existing provisions of the California Constitution require the
Legislature to provide for primary elections for partisan offices,
including an open presidential primary election, as specified.
This measure, designated the "Voter Choice Act," would instead
require that all candidates be listed on a single voter choice
primary ballot for primary elections for the offices of Governor,
Lieutenant Governor, Attorney General, Insurance Commissioner,
Controller, Secretary of State, Treasurer, Member of the Assembly,
State Senator, and Member of the State Board of Equalization. The
measure would provide that a candidate who receives a majority of the
votes for one of these offices at the voter choice primary would be
declared the winner. The measure would further provide that, if no
candidate receives a majority of votes as to an office at the
primary, the 2 candidates who receive the greatest number of votes
would be listed on a general election ballot for that office.
The measure would require a ballot separate from the voter choice
primary election ballot to be used for primary elections for
congressional offices and for delegates to a national political party
convention at which a nominee for President of the United States is
chosen, as specified.
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 2009-10 Regular Session
commencing on the first day of December 2008, 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 36 is added to Article XIII thereof, to read:
SEC. 36. (a) On or after the effective date of this
section, a new tax expenditure, or extension of the operation of an
existing tax expenditure, that is enacted by a legislative measure
shall be operative for a period of seven years or for any shorter
period specified in that measure.
(b) For purposes of this section, "tax expenditure" means a
credit, deduction, exclusion, exemption, or any other tax benefit
provided by statute.
Resolved by the Assembly, the Senate concurring, That the
Legislature of the State of California at its 2009-10 Regular Session
commencing on the first day of December 2008, 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:
First-- That this measure shall be known and may be cited as the
"Voter Choice Act."
Second-- That the people of the State of California hereby find
and declare all of the following:
(a) The current system of primaries in California limits voters'
choices and has resulted in a steady decline in voter participation
in this State.
(b) The Voter Choice Act will establish an election system in
California that will allow all voters to vote for state elective
offices on a primary election ballot regardless of any party
registration or party preference of the candidates or the voters.
(c) A primary conducted according to the Voter Choice Act will
foster more choice for California voters, greater participation,
increased privacy, and a sense of fairness without burdening
political parties' constitutional rights. Encouraging California
citizens to vote is a legitimate and essential objective of the
State, and will preserve constitutional order by ensuring a strong,
participatory democratic process.
(d) A primary conducted according to the Voter Choice Act will
permit California voters to select the candidates they prefer,
regardless of the candidates' party registration or stated party
preference. This type of primary will result in more competitive
election contests in which candidates will be able to take positions
on a wide range of issues.
(e) A primary conducted according to the Voter Choice Act will
give California voters a real choice. A voter will be able to vote
for any candidate for any state elective office in the primary
election, and will not be limited to voting only for those candidates
of the party, if any, with which the voter is registered.
(f) A primary conducted according to the Voter Choice Act will
guarantee competition in the general election. California voters will
be given two competitive choices in the general election, involving
greater voter participation than in the primary election. This will
replace the current system in which the political parties protect
incumbents through reapportionment plans, making many state
legislative seats safe for incumbents or candidates of one or the
other of the major parties.
(g) A primary conducted according to the Voter Choice Act will
result in greater voter participation. By allowing voters complete
freedom of choice among many candidates for state elective office,
regardless of the candidates' party registration or party preference,
a primary conducted according to the Voter Choice Act will encourage
increased voter participation. In addition, some two million voters
who have chosen not to register with a party, comprising some 15
percent of all California voters, will have a chance to participate
fully in the primary.
(h) A primary conducted according to the Voter Choice Act will
result in a greater number of candidates running for state elective
offices. Candidates who are not registered with a political party
will now be able to compete in primary elections.
(i) A primary conducted according to the Voter Choice Act will
preserve the right of California's political parties to endorse
candidates for state elective offices by any method selected by the
parties.
(j) A primary conducted according to the Voter Choice Act will not
infringe on the constitutional rights of political parties.
California political parties will continue to decide whether nonparty
members may participate in the selection of candidates for
congressional offices and delegates to a national political party
convention at which a nominee for President of the United States is
chosen, the selection of members of political party county central
committees, or both.
(k) A primary conducted according to the Voter Choice Act will not
affect the power of the Legislature to alter existing law governing
the means by which political parties select delegates to national
political party conventions at which a party nominee for President of
the United States is chosen, elect or select members of political
party state and county central committees, or both.
() A political party will have the right to determine whether or
not the voter registration status of candidates registered as voters
with that particular political party will be included on the ballot,
sample ballot, voter pamphlet, and other related election materials
intended for distribution to the voters.
Third-- That the People of the State of California hereby declare
that their purpose and intent in approving the Voter Choice Act is as
follows:
(a) To amend the current primary election system in California,
which limits voters' choices and has resulted in a steady decline in
voter participation in this State.
(b) To establish an election system that allows all California
voters to vote for candidates for state elected offices on a primary
election ballot, regardless of the party registration or stated party
preference, if any, of the candidates.
(c) To foster more choice for California voters, greater
participation, increased privacy, and a sense of fairness, without
burdening political parties' constitutional rights.
(d) To increase voter participation by allowing California voters
complete freedom of choice to select their preferred candidates,
regardless of the candidates' party registration.
(e) To give California voters a real choice by allowing them to
vote for any candidate for state elective offices in the primary
election.
(f) To increase competition in the general election by giving
California voters two competitive choices in the general election,
where some two to four million more voters vote than in the primary
election.
(g) To allow some two million California voters who have chosen
not to register with a political party the chance to participate
fully in a primary conducted according to the Voter Choice Act.
(h) To encourage a greater number of candidates to run for state
elective offices.
(i) To preserve the right of California's political parties to
endorse candidates for state elective offices and to decide whether
nonparty members may participate in the selection of a party's
presidential delegates, party county central committee members, or
both.
(j) To protect the constitutional rights of political parties.
(k) To retain existing law and the power of the Legislature to
alter existing law governing the means by which political parties
select delegates to national political party conventions, elect or
select members of political party state and county central
committees, or both.
() To give each qualified political party the right to determine
whether the voter registration status of candidates registered with
the party will be included on the ballot and other related election
materials intended for distribution to the voters.
Fourth-- That Section 5 of Article II thereof is repealed.
Fifth-- That Section 5 is added to Article II thereof, to read:
SEC. 5. (a) A direct or special primary election for each
office specified in subdivision (d) shall be held as a voter choice
primary election.
(b) A voter choice primary election is a primary election in which
each voter, regardless of any party affiliation, may vote for any
qualified candidate, including a qualified write-in candidate,
regardless of any party affiliation or party preference of the
candidate.
(c) All candidates at a voter choice primary election for each
office specified in subdivision (d) shall be listed on a single voter
choice primary ballot. If a candidate receives a majority of the
votes for an office on the voter choice primary ballot, that
candidate shall be declared elected. If no candidate receives a
majority of the votes for an office on the voter choice primary
ballot, the two candidates who receive the greatest number of votes
for each office shall be listed on the general election ballot for
that office.
(d) The offices for which this section governs the primary
election are Governor, Lieutenant Governor, Attorney General,
Insurance Commissioner, Controller, Secretary of State, Treasurer,
Member of the Assembly, State Senator, and Member of the State Board
of Equalization.
(e) A ballot separate from the voter choice primary ballot shall
be used for primary elections for congressional offices and for
delegates to a national political party convention at which a nominee
for President of the United States is chosen, 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 this State 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.
