Bill Text: CA ACA12 | 2021-2022 | Regular Session | Introduced

California Assembly Constitutional Amendment 12 (Prior Session Legislation)

Introduced

Bill Title: Elections: nonpartisan office.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2022-04-25 - In committee: Set, first hearing. Hearing canceled at the request of author. [ACA12 Detail]

Download: California-2021-ACA12-Introduced.html

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Constitutional Amendment

No. 12

Introduced by Assembly Member Lee

March 16, 2022

A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending Sections 5 and 6 of Article II thereof, relating to elections.

LEGISLATIVE COUNSEL'S DIGEST

ACA 12, as introduced, Lee. Elections: nonpartisan office.

The California Constitution designates as nonpartisan all judicial, school, county, and city offices, including the Superintendent of Public Instruction. The California Constitution prohibits including the political party preference of a candidate for nonpartisan office on the ballot for the office.

This measure would instead permit the political party preference, or lack of a political party preference, of a candidate for nonpartisan office, except for judicial offices, to be indicated on the ballot in the manner provided by statute.

Vote: 2/3 Appropriation: NO Fiscal Committee: NO Local Program: NO

Resolved by the Assembly, the Senate concurring, That the Legislature of the State of California at its 2021–22 Regular Session commencing on the seventh day of December 2020, 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 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 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~~ A candidate for a congressional or state elective office may have ~~his or her~~ the candidate’s 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.

Second—

That Section 6 of Article II thereof is amended to read:

SEC. 6.

(a) All judicial, school, county, and city offices, including the Superintendent of Public Instruction, shall be nonpartisan. A political party or party central committee shall not nominate a candidate for nonpartisan office.

(b)A political party or party central committee shall not nominate a candidate for nonpartisan office, and the candidate’s party preference shall not be included on the ballot for the nonpartisan office.
(b) (1) Notwithstanding subdivision (a), a candidate for a school, county, or city office, including the office of Superintendent of Public Instruction, may have the candidate’s political party preference indicated on the ballot for the office in the manner provided by statute.
(2) The party preference of a candidate for judicial office shall not be included on the ballot for the office.