Top Two Candidates Open Primary Act Implementation

Presented by:

Rachelle Delucchi – Secretary of State

November 23, 2011 CCROV #11126

 

Purpose – First statewide election under the Top Two Candidates Open

Primary Act

– Uniformity for Upcoming Statewide Elections

– Implementation Guidelines

November 23, 2011 CCROV #11125

Introduction

Top Two Candidates Open Primary Act

Created and implemented by:Proposition 14 (June 2010 ballot)

Senate Bill 6 (Chapter 1, Statutes of 2009)

Voter-Nominated Offices

All offices that were formerly known as “partisan offices,” except:

U.S. President

County Central Committees

Voter-nominated offices: state constitutional, congressional, and state legislative offices 

“Political party affiliation” is now known as “political party preference”

Documents from SOS

NOMs

New: Any registered voter may sign any candidate’s nomination

papers,regardless of party preference or lack thereof

Documents from SOS

SILS

New: All signatures on SIL can be counted as nomination signatures

Documents from SOS

D/C

New: Party preference-candidate may indicate party preference or

lack thereof

New: 10-year party preference/voter registration history

Candidates for Voter-Nominated Offices

Pre Top Two

Three Types of Candidates

1) Candidates using party nomination process (primary only)

2) Write-in candidates (primary and general)

3) Candidates using the independent nomination process (general only)

After Primary• Top vote getter from each party goes to general• Write-in candidate with votes equal in number to 1% of all votes cast for that

office at the last general election for that office.

At General• Write-in candidates were allowed• Candidates using independent nomination process allowed

Candidates for Voter-Nominated Offices

Under Top Two

Three types of candidates, but...

1) Candidates using voter nomination process (primary only)

2) Write-in candidates (primary only)

3) Candidates using the independent nomination process (general only, but only in one very limited circumstance)

All Candidates Must Run in the Primary

After Primary• Only advance to general if candidate is one of the top two vote getters

At General• Write-in candidates not allowed

• If a person’s name is written in, it is not counted• Candidates using independent nomination process allowed, but only if no

candidate is nominated for that office at the primary election.

Language and Layout for Ballot and Sample Ballot

Primary Ballot

Elections Code §13206(a)

Party-Nominated Offices (i.e., U.S. President, county central committees)

Elections Code §13206(c)

Voter-Nominated Offices – in 2012, no statewide nonpartisan office (i.e., Superintendent of Public Instruction)

Sample Ballot Booklets and All Booklets

Same information from CCROV #11125

Conflicting language in Elections Code §§13105 & 13107, so…direction:• Name of Candidate• Political Party Identification Sentence (e.g., “Party Preference:__”)• Ballot Designation

Other Duties

List of Precinct Board Members

Indicate their party preference or lack thereof

List of Party-Endorsed Candidates (E-83)

Any political party can timely submit a list to county and county must include it in sample ballot

Political party does not pay for this service

New Notice to be included in Precinct Supplies

SOS will provide the notice to counties

Notice must be placed inside and outside every polling place

November 23, 2011 CCROV #11125

 

Purpose  – First Statewide Election Under the Top Two Candidates Open

Primary Act

– Uniformity for Upcoming Statewide Elections

– Addresses Designation of Political Party Preference on Ballot and Sample Ballot

Elections Code § 13105(a)

Specific and cumbersome designation language

Immediately to the right of and on the same line as candidate name or below if not enough room:

1. Candidate designates a political party: “My party preference is

the ______ Party.”

2. Candidate designates no political party: “No Party Preference”

3. If the candidate chooses not to have party preference

listed on the ballot, the space that would be filled with a party

preference designation shall be left blank.

Ballot printing challenges with above language

Confusion as to the 3rd option

SOS Direction to Counties

As a result of issues with Elections Code § 13105(a)Gathered input from counties – workable plan for all

Direction for Political Party Designation:

1. Candidate designates a political party: “Party Preference: ____”

2. Candidate designates no political party: “Party Preference: None”

3. If the candidate chooses not to have his or her party preference

listed on the ballot: “Party Preference: Not Given”

SOS Direction to Counties (cont’d)

Use of Abbreviations for Political Parties

If need to abbreviate political party name for one candidate:Use abbreviations for all candidates/contests throughout the ballot

Provide list of abbreviations in sample ballot, at polling place, and in information mailed to vote-by-mail voters

Abbreviations for Political Parties for Political Party DesignationDEM – Democratic

REP – Republican

AI – American Independent

GRN – Green

LIB – Libertarian

PF – Peace and Freedom

Not Given – no abbreviation for this designation

Top Two Candidates Open Primary Act Implementation

Questions?