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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?