Bill Text: CA ACA9 | 2013-2014 | Regular Session | Introduced

California Assembly Constitutional Amendment 9 (Prior Session Legislation)

Introduced

Bill Title: Voter-nominated primary elections.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-05-31 - Motion to continue the motion to reconsider until next Legislative day pursuant to A.R. 100(e) by Assembly Member Gorell. Motion fails. (Ayes 26. Noes 48. Page 1884.) Reconsideration refused. (Ayes 25. Noes 50. Page 1885.) [ACA9 Detail]

Download: California-2013-ACA9-Introduced.html

BILL NUMBER: ACA 9	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Gorell

                        FEBRUARY 21, 2013

   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 9, as introduced, Gorell. Voter-nominated primary elections.
   Existing provisions of the California Constitution provide for a
voter-nominated primary election for each congressional and state
elective office in California, in which a voter may vote at the
primary election for any candidate for a congressional or state
elective office without regard to the political party preference
disclosed by the candidate or the voter. Under the California
Constitution, the candidates receiving the 2 highest vote totals for
each voter-nominated office at a primary election, regardless of
party preference, compete for the office at the ensuing general
election.
   This measure would provide that, for a person whose name was
written in upon the ballot for the voter-nominated primary election
for a congressional or state elective office, and is one of the top
two vote-getters, to appear as a candidate for that office in the
ensuing general election, the write-in candidate must have received
votes at the primary election equal in number to at least 1 percent
of all votes cast for the office at the last preceding general
election at which the office was filled.
   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 2013-14 Regular Session
commencing on the third day of December 2012, 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 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. 
However, a person whose name was written in upon the ballot for the
voter-nominated primary election for a congressional or state
elective office, and is one of the top two-getters, shall not appear
as a candidate for that office in the ensuing general election unless
he or she receives votes at the primary election equal in number to
at least 1 percent of all votes cast for the office at the last
preceding general election at which the office was filled. 
   (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 congressional or state elective office at the
voter-nominated primary. 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.
   (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.