Bill Text: CA AB1696 | 2021-2022 | Regular Session | Amended
Bill Title: Elections: nonpartisan candidates’ party preference.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-04-25 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB1696 Detail]
Download: California-2021-AB1696-Amended.html
|
Amended
IN
Assembly
March 10, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 1696
| Introduced by Assembly Member Lee |
January 25, 2022 |
An act to amend Section 3120 of Sections 8002, 8002.5, 9083.5, 13206, and 13206.5 of, and to add Section 13321 to, the Elections Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 1696, as amended, Lee.
Elections: military or overseas voters. nonpartisan candidates’ party preference.
Existing constitutional and statutory law prohibits including the party preference of a candidate for nonpartisan office, defined as any judicial, school, county, or municipal office, including the Superintendent of Public Instruction, on the ballot for that office.
This bill would require the ballot for the above offices, except for judicial offices, to contain the candidate’s party preference or, if applicable, lack of party preference. The bill would define “party preference” as the candidate’s party preference, if any, designated on the candidate’s current voter registration. The bill would require the candidate to submit information regarding their
party preference to the appropriate elections official prior to an election, as specified.
This bill would make its provisions operative only if ACA __ of the 2021-22 Regular Session is approved by the voters.
By imposing additional duties on elections officials, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law requires an elections official to request an email address from each military or overseas voter who registers to vote. Under existing law, a military or overseas voter who provides an email address may request that their application for a ballot be considered a standing request for electronic delivery of a ballot, as specified. Existing law requires an elections official to provide a ballot to a military or overseas voter who makes a standing request, as specified.
This bill would make technical, nonsubstantive changes to that provision.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 8002 of the Elections Code is amended to read:8002.
If a candidate is a candidate forSEC. 2.
Section 8002.5 of the Elections Code is amended to read:8002.5.
(a) A candidate for a voter-nominated office shall indicate one of the following upon(1) “Party Preference: ______ (insert the name of the qualified political party as disclosed upon your affidavit of registration).”
(2) “Party Preference: None (if you have declined to disclose a preference for a qualified political party upon your affidavit of
registration).”
(b) The selection made by a candidate pursuant to subdivision (a) shall appear on the primary and general election ballot in conjunction with his or her the candidate’s name, and shall not be changed between the primary and general election.
(c) Regardless of the party preference, or lack of party preference, of the candidate or the voter, any qualified voter may vote for any candidate for a voter-nominated office if the voter is otherwise entitled to vote for candidates for the office to be filled. Nothing in Section 2151, 3006, 3007.5, 3205, or 13102 shall be construed to limit the ability of a voter to cast a primary election ballot for any candidate for a voter-nominated
office, regardless of the party preference, or lack of party preference, designated by the candidate for inclusion upon the ballot pursuant to this section, provided that the voter is otherwise qualified to cast a ballot for the office at issue.
(d) A candidate designating a party preference pursuant to subdivision (a) shall not be deemed to be the official nominee of the party designated as preferred by the candidate. A candidate’s designation of party preference shall not be construed as an endorsement of that candidate by the party designated. The party preference designated by the candidate is shown for the information of the voters only and may in no way limit the options available to voters.
(e) All references to party preference or affiliation shall be omitted from all forms required to be filed by a voter-nominated candidate pursuant to this division in the same manner
that such references are omitted from forms required to be filed by nonpartisan candidates pursuant to Section 8002, except that the declaration of candidacy required by Section 8040 shall include space for the candidate to list the party preference disclosed upon the candidate’s most recent affidavit of registration, in accordance with subdivision (a).
SEC. 3.
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 voter information guide 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 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 the voter 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 candidate for nomination or election to a voter-nominated office will appear on the ballot, the Secretary of State shall include in the state voter information guide 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 the candidate’s 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 county voter information guide.
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 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. A party is not entitled to have a candidate with its party preference
designation participate in the general election unless such candidate is one of the two highest votegetters at the primary election.
(c) If any candidate for nomination or election to a nonpartisan office, other than judicial office, shall appear on the ballot, the Secretary of State shall include in the state voter information guide 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
A candidate for judicial office shall not have the candidate’s party preference, or lack of party preference, if applicable, reflected on the primary and general election ballot. A candidate for any other nonpartisan office shall have the candidate’s party preference, or lack of party preference, if applicable, reflected on the primary and general election ballot, but the party preference designation is based solely upon the candidate’s
current voter registration and is shown for the information of the voters only.
The top two votegetters 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. 4.
Section 13206 of the Elections Code is amended to read:13206.
(a) On the partisan ballot used in a direct primary election, immediately below the instructions to voters, there shall be a box. Within the box shall be printed the words “Party-Nominated Offices.” Immediately below that phrase within the same box shall be printed the following: “Only voters who disclosed a preference upon registering to vote for the same party as the candidate seeking the nomination of any party for the Presidency or election to a party committee may vote for that candidate at the primary election, unless the party has adopted a rule to permit non-party voters to vote in its primary elections.”(b) The same style of box described in subdivision (a) shall also appear over the columns of the nonpartisan part of the ballot and within the box in
the same style and point size of type shall be printed “Voter-Nominated and Nonpartisan Offices.” Immediately below that phrase within the same box shall be printed the following:
“All voters, regardless of the party preference they disclosed upon registration, or refusal to disclose a party preference, may vote for any candidate for a voter-nominated or nonpartisan office. The party preference, if any, designated by a candidate for a voter-nominated office and certain nonpartisan offices is selected by the candidate and is shown for the information of the voters only. It does not imply that the candidate is nominated or endorsed by the party or that the party approves of the candidate. The party preference, if any, of a candidate for a nonpartisan
judicial office does not appear on the ballot.”
SEC. 5.
Section 13206.5 of the Elections Code is amended to read:13206.5.
(a) (1) On the ballot used in a statewide general election in each year evenly divisible by the number four, immediately below the instructions to voters, there shall be a box. Within the box shall be printed the words “Party-Nominated Offices.” Immediately below that phrase within the same box shall be printed the following: “The party label accompanying the name of a candidate for party-nominated office on the general election ballot means that the candidate is the official nominee of the party shown.”(2) On the ballot used in a statewide general election in each year evenly divisible by the number four, following the portion of the ballot for party-nominated offices, the same style of box described in paragraph (1) shall appear and
within the box in the same style and point size of type shall be printed “Voter-Nominated and Nonpartisan Offices.” Immediately below that phrase within the same box shall be printed the following: “All voters, regardless of the party preference they disclosed upon registration, or refusal to disclose a party preference, may vote for any candidate for a voter-nominated or nonpartisan office. The party preference, if any, designated by a candidate for a voter-nominated office and certain nonpartisan offices is selected by the candidate and is shown for the information of the voters only. It does not imply that the candidate is nominated or endorsed by the party or that the party approves of the candidate. The party preference, if any, of a candidate for a nonpartisan
judicial office does not appear on the ballot.”
(b) On the ballot used in a statewide general election in each even-numbered year that is not evenly divisible by the number four, immediately below the instructions to voters, there shall be a box. Within the box shall be printed the words “Voter-Nominated and Nonpartisan Offices.” Immediately below that phrase within the same box shall be printed the following: “All voters, regardless of the party preference they disclosed upon registration, or refusal to disclose a party preference, may vote for any candidate for a voter-nominated or nonpartisan office. The party preference, if any, designated by a candidate for a voter-nominated office and certain nonpartisan offices is selected by the candidate and is shown for the information of the voters
only. It does not imply that the candidate is nominated or endorsed by the party or that the party approves of the candidate. The party preference, if any, of a candidate for a nonpartisan judicial office does not appear on the ballot.”
SEC. 6.
Section 13221 is added to the Elections Code, to read:13221.
(a) The party preference, or lack of a party preference, of a candidate for school, county, or municipal office, including the office of Superintendent of Public Instruction, shall be designated on the ballot for that office.(b) A candidate for school, county, or municipal office, including the office of Superintendent of Public Instruction, shall file a statement designating the candidate’s party preference, or lack of a party preference, in the office of the appropriate elections official when the candidate’s nomination papers are filed. The statement shall be filed in the office of the elections official no later than the 88th day before the election, if it is an election for which nomination papers are not required to be filed. If a
runoff election or general election occurs within 88 days of the primary or first election, the statement shall be filed with the elections official by the third day following the governing body’s declaration of the results from the primary or first election.
(c) For purposes of this section, “party preference” means the candidate’s party preference, if any, designated on the candidate’s current voter registration.
SEC. 7.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SEC. 8.
This act shall become operative only if ACA __ of the 2021-22 Regular Session is approved by the voters.The elections official shall request an email address from each military or overseas voter who registers to vote. A military or overseas voter who provides an email address may request that their application for a ballot be considered a standing request for electronic delivery of a ballot for all elections conducted in the jurisdiction in which the military or overseas voter is eligible to vote. An elections official shall provide for electronic delivery of a ballot to a military or overseas voter who makes a standing request for all elections conducted in the jurisdiction in which the military or overseas voter is eligible to vote.
