BILL NUMBER: AB 1075	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Olsen

                        FEBRUARY 22, 2013

   An act to amend Sections 359.5, 8141.5, 8142, 8150, 9083.5, and
15452 of the Elections Code, relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1075, as introduced, 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 ACA ____ 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 1.  Section 359.5 of the Elections Code is amended to read:

   359.5.  (a)  "Voter-nominated office" means a congressional or
state elective office for which a candidate may choose to have his or
her party preference or lack of party preference indicated upon the
ballot. A political party or party central committee shall not
nominate a candidate at a state-conducted primary election for a
voter-nominated office. The primary  election  conducted for
a voter-nominated office does not serve to determine the nominees of
a political party but serves to winnow the candidates for the
general election to the candidates receiving the highest or second
highest number of votes cast at the primary election , or to
elect a   candidate in the manner provided in Sections
8141.5  . The following offices are voter-nominated offices:
   (1) Governor.
   (2) Lieutenant Governor.
   (3) Secretary of State.
   (4) Controller.
   (5) Treasurer.
   (6) Attorney General.
   (7) Insurance Commissioner.
   (8) Member of the State Board of Equalization.
   (9) United States Senator.
   (10) Member of the United States House of Representatives.
   (11) State Senator.
   (12) Member of the Assembly.
   (b) This section does not prohibit a political party or party
central committee from endorsing, supporting, or opposing a candidate
for an office listed in subdivision (a).
  SEC. 2.  Section 8141.5 of the Elections Code is amended to read:
   8141.5.   (a)    Except as provided  in
subdivision (b) of this section and  in subdivision (b) of
Section 8142, only the candidates for a voter-nominated office who
receive the highest or second highest number of votes cast at the
primary election shall appear on the ballot as candidates for that
office at the ensuing general election. More than one candidate with
the same party preference designation may participate in the general
election pursuant to this subdivision. Notwithstanding the
designation made by the candidate pursuant to Section 8002.5, no
candidate for a voter-nominated office shall be deemed to be the
official nominee for that office of any political party, and no party
is entitled to have a candidate with its party preference
designation participate in the general election unless that candidate
is one of the candidates receiving the highest or second highest
number of votes cast at the primary election. 
   (b) If a candidate for a voter-nominated office that is a state
elective office receives at least 60 percent of all votes cast for
that office at a primary election that is not a special election to
fill a vacancy in that office, he or she shall be declared elected
and no general election shall be held for that office. The term of
office for a candidate declared elected pursuant to this subdivision
shall commence at the time that the term of office would have
commenced if the candidate had been elected at the general election.

  SEC. 3.  Section 8142 of the Elections Code is amended to read:
   8142.  (a) In the case of a tie vote, nonpartisan candidates
receiving the same number of votes shall be candidates at the ensuing
general election if they qualify pursuant to Section 8141 whether or
not there are more candidates at the general election than
prescribed by this article. In no case shall the tie be determined by
lot.
   (b) In the case of a tie vote among candidates at a primary
election for a voter-nominated office, the following applies:
   (1) All candidates receiving the highest number of votes cast for
any candidate shall be candidates at the ensuing general election
whether or not there are more candidates at the general election than
prescribed by this article.
   (2) Notwithstanding Section 8141.5, if a tie vote among candidates
results in more than one primary candidate qualifying for the
general election pursuant to subdivision (a), candidates receiving
fewer votes shall not be candidates at the general election, even if
they receive the second highest number of votes cast.
   (3) If only one candidate receives the highest number of votes
cast but there is a tie vote among two or more candidates receiving
the second highest number of votes cast, each of those second-place
candidates shall be a candidate at the ensuing general election along
with the candidate receiving the highest number of votes cast,
regardless of whether there are more candidates at the general
election than prescribed by this article.  This paragraph shall
not apply to a primary election for   a voter-nominated
office that is a state elective office if the candidate who receives
the highest number of votes cast for the state elective office is
declared elected pursuant to subdivision (b) of Section 8141.5. 

   (4) In no case shall the tie be determined by lot.
  SEC. 4.  Section 8150 of the Elections Code is amended to read:
   8150.  The certificate of the Secretary of State showing
candidates nominated or selected at a primary election  , or
declared elected pursuant to subdivision (b) of Section 8141.5 
, and justices of the Supreme Court and courts of appeal to appear
on the general elections ballot, shall be in a form prescribed by the
Secretary of State.
  SEC. 5.  Section 9083.5 of the Elections Code is amended to read:
   9083.5.  (a) If a candidate for nomination or election to a
partisan office will appear on the ballot, the Secretary of State
shall include in the state ballot pamphlet a written explanation of
the election procedure for such offices. The explanation shall read
substantially similar to the following:

   PARTY-NOMINATED/PARTISAN OFFICES
   Under the California Constitution, political parties may formally
nominate candidates for party-nominated/partisan offices at the
primary election. A candidate so nominated will then represent that
party as its official candidate for the office in question at the
ensuing general election and the ballot will reflect an official
designation to that effect. The top  votegetter 
   vote-getter  for each party at the primary
election is entitled to participate in the general election. Parties
also elect officers of official party committees at a partisan
primary.
   No voter may vote in the primary election of any political party
other than the party he or she has disclosed a preference for upon
registering to vote. However, a political party may authorize a
person who has declined to disclose a party preference to vote in
that party's primary election.

   (b) If  any   a  candidate for
nomination or election to a voter-nominated office will appear on the
ballot, the Secretary of State shall include in the state ballot
pamphlet a written explanation of the election procedure for such
offices. The explanation shall read substantially similar to the
following:

   VOTER-NOMINATED OFFICES
   Under the California Constitution, political parties are not
entitled to formally nominate candidates for voter-nominated offices
at the primary election. A candidate nominated for a voter-nominated
office at the primary election is the nominee of the people and not
the official nominee of any party at the following general election.
A candidate for nomination or election to a voter-nominated office
shall have his or her party preference, or lack of party preference,
reflected on the primary and general election ballot, but the party
preference designation is selected solely by the candidate and is
shown for the information of the voters only. It does not constitute
or imply an endorsement of the candidate by the party designated, or
affiliation between the party and candidate, and no candidate
nominated by the qualified voters for any voter-nominated office
shall be deemed to be the officially nominated candidate of any
political party. The parties may list the candidates for
voter-nominated offices who have received the official endorsement of
the party in the sample ballot.
   All voters may vote for any candidate for a voter-nominated
office, provided they meet the other qualifications required to vote
for that office. The top two  votegetters  
vote-getters  at the primary election advance to the general
election for the voter-nominated office, even if both candidates have
specified the same party preference designation.  However, if a
candidate for a voter-nominated office that is a state elective
office receives at least 60 percent of all votes cast for that office
at a primary election that is not a special primary election, that
candidate shall be declared elected, and no general election shall be
held for that office.  No party is entitled to have a candidate
with its party preference designation participate in the general
election unless  such   that  candidate is
one of the two highest  votegetters  
vote-getters  at the primary election.

   (c) If  any   a  candidate for
nomination or election to a nonpartisan office, other than judicial
office,  shall   will  appear on the
ballot, the Secretary of State shall include in the state ballot
pamphlet a written explanation of the election procedure for such
offices. The explanation shall read substantially similar to the
following:

   NONPARTISAN OFFICES
   Under the California Constitution, political parties are not
entitled to nominate candidates for nonpartisan offices at the
primary election, and a candidate nominated for a nonpartisan office
at the primary election is not the official nominee of any party for
the office in question at the ensuing general election. A candidate
for nomination or election to a nonpartisan office may NOT designate
his or her party preference, or lack of party preference, on the
primary and general election ballot.  The   If a
candidate for a nonpartisan office at a primary election receives
  votes on at least 60 percent of all the ballots cast for
that office, the candidate shall be elected to that office, and the
office shall not appear on the ballot at the ensuing general
election. Otherwise, the  top two  votegetters 
 vote-getters  at the primary election advance to the
general election for the nonpartisan office.

   (d) Posters or other printed materials containing the notices
specified in subdivisions (a) to (c), inclusive, shall be included in
the precinct supplies pursuant to Section 14105.
  SEC. 6.  Section 15452 of the Elections Code is amended to read:
   15452.  The person who receives a plurality of the votes cast for
any office is elected or nominated to that office in any election,
except  with respect to the following  : 
   (a) 
    (1)  An election for which different provision is made
by any city or county charter. 
   (b) 
    (2)  A municipal election for which different provision
is made by the laws under which the city is organized. 
   (c) 
    (3)  The election of local officials in primary
elections as specified in Article 8 (commencing with Section 8140)
 of Chapter 1  of Part 1 of Division 8. 
   (d) 
    (4)  The nomination of candidates for  a 
voter-nominated office at the primary election to participate in the
general election for that office as specified in Article 8
(commencing with Section 8140)  of Chapter 1  of Part 1 of
Division 8  where no candidate for a voter-nominated office that
is a state election office receives at least 60 percent of the votes
cast for that office in the primary election  .
  SEC. 7.  This act shall become operative only if Assembly
Constitutional Amendment ____ of the 2013-14 Regular Session is
approved by the voters.