case: 11-56449 03/15/2012 id: 8106192 dktentry: 58 … · michael chamness, daniel frederick ... i....

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No. 11-56449

IN THE UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

__________

MICHAEL CHAMNESS, DANIEL FREDERICK, and RICH WILSON

Plaintiffs / Appellants,

JULIUS GALACKI

Intervenor-Applicant / Appellant,

-v.-

DEBRA BOWEN, in only her official capacity as California Secretary of State, and DEAN

LOGAN, in only his official capacity as Registrar-Recorder / County Clerk of Los Angeles

County,

Defendants / Appellees

ABEL MALDONADO, CALIFORNIA INDEPENDENT VOTER PROJECT, CALIFORNIANS

TO DEFEND THE OPEN PRIMARY,

Intervenors-Defendants / Appellees

___________

ON APPEAL FROM CENTRAL DISTRICT OF CALIFORNIA ORDERS (1) DENYING

PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT AND GRANTING SUMMARY

JUDGMENT IN FAVOR ON NON-MOVING PARTIES, AND (2) GRANTING INTERVENORS-

DEFENDANTS’ MOTION TO INTERVENE

___________

PLAINTIFFS’ SUPPLEMENTAL REQUEST FOR JUDICIAL NOTICE ___________

GAUTAM DUTTA

Attorney for Plaintiffs

Gautam Dutta, Attorney-at-Law

39270 Paseo Padre Parkway # 206

Fremont, CA 94538

415.236.2048; 213.405.2416 fax

[email protected]

Case: 11-56449 03/15/2012 ID: 8106192 DktEntry: 58 Page: 1 of 103

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I. Documents for Which Judicial Notice Is Requested

Pursuant to Federal Rule of Evidence 201, Plaintiffs respectfully ask

the Court to take judicial notice of the following documents, which have

been attached as Exhibits to the accompanying Declaration of Gautam Dutta

in Support of Plaintiffs’ Supplemental Request for Judicial Notice:

Exhibit Document

1 Relevant excerpts from Intervenors-Defendants’ Excerpts

of Record, pp. ISER 1209-10, 1215, 1220 & 1222-23

2 California Assembly Bill 1413 (Fong), which took effect

on January 10, 2012 after being signed into law by

Governor Jerry Brown1

3 Jan. 23, 2012 Senate Analysis of Assembly Bill 1413

(Fong) (the “Senate Analysis”)2

4 Alaska House of Representatives Bill 77, legislation to

implement the Top Two Primary

5 Arizona House of Representatives Concurrent Resolution

2050, legislation to implement the Top Two Primary

6 Pages 5 and 6 from Plaintiff Chamness’ Mar. 11, 2011

Reply Brief

7 Secretary of State’s Dec. 19, 2011 Press Release

(showing that the American Independent Party first

qualified to appear on the California ballot in 1968)

1 AB 1413 (Fong), attached as Exhibit 2 to the Mar. 15, 2012

Declaration of Gautam Dutta (hereinafter, “AB 1413”). 2 Senate Analysis of AB 1413 (Fong), attached as Exhibit 3 to the Mar.

15, 2012 Declaration of Gautam Dutta (hereinafter, “Senate Analysis”), at p.7 of 10 (italics added).


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8 Sample California ballots from the 1992, 1988, 1980, and

1976 Presidential general elections (featuring Presidential

candidates running with the ballot labels of

“Independent” and “American Independent”)

9 Excerpt from Secretary of State’s Apr. 4, 2011 Answer to

First Amended Complaint

II. Relevance of Proffered Documents

Exhibit 1. Although neither it nor Intervenor-Defendant CDOP

played a direct role in enacting SB 6, Intervenor-Defendant CIVP claims

that it drafted an “initiative measure that became – almost verbatim –

Proposition 14 and SB 6.”3 Significantly, the draft initiative measure (the

“CIVP Measure”) that CIVP provided to the Court did not suffer from the

two constitutional infirmities raised by this lawsuit. First, the CIVP

Measure allowed candidates to state on the ballot that they were

“Independent”: SECTION 19. Section 8002.5 is added to the Elections Code to read:

8002.5. (a) A candidate … may indicate a major or minor party preference, or independent status upon his or her declaration of candidacy and have that preference appear on the primary and general election ballot in conjunction with his or her name.

4

**** SECTION 43. Section 13105 of the Elections Code is amended to read: 13105 … (b) [T]here shall be identified … the name of the political party designated by the candidate pursuant to Section 8002.5. The identification shall be in substantially the following form: “My party preference is the _____Party.” If

3 Intervenors-Defendants’ Mar. 1, 2012 Opp’n, at 53 (emphases in

original). 4 ISER 1215 (block underlining omitted, italics added), attached to

Mar. 15, 2012 Dutta Decl. (RJN) Exh. 1.


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the candidate designates no political party, the word “Independent” shall be printed instead of the party preference identification specified in the previous sentence.

5

Second, the CIVP Measure allowed voters to cast write-in ballots that

would be counted in every general election.6

Exhibits 2 through 5. On February 10, 2012, Assembly Bill 1413

(Fong) was enacted and took immediate effect. As the Senate Analysis

notes, AB 1413 amended Senate Bill 6 (Maldonado) by eliminating its Vote

Counting Ban. According to the Secretary of State, SB 6’s Vote Counting

Ban (1) had given “candidates the illusion that they can run as a write-in”,

and (2) had given “voters the illusion that they can write in a candidate’s

name and have it counted”.7

According to its Senate analysis, AB 1413 intended to prevent voters

from being “misle[d] [by SB 6] into thinking that write-in votes for

candidates … at a general election will be counted”. For this reason, AB

1413 banned write-in votes from being cast in all future federal and state

general elections.8 Both the Secretary of State and Intervenor-Defendant

Californians to Defend the Open Primary publicly endorsed AB 1413.9

5 ISER 1222-23 (block underlining omitted, italics added), attached to

Mar. 15, 2012 Dutta Decl. (RJN) Exh. 1. 6 Specifically, the CIVP Measure did not seek to impose a Vote

Counting Ban (which was later imposed by SB 6-amended Election Code §8606), for none of its provisions banned lawfully cast write-in votes from being counted. See Mar. 15, 2012 Dutta Decl. (RJN) Exh. 1, ISER 1220 (declining to amend how write-in votes are counted under Elections Code §§8600 et seq.). 7 Plaintiffs’ Jan. 31, 2012 Opening Brief, at 43 (italics added).

8 Senate Analysis, supra, at p.7 of 10 ¶III (italics added). See also AB

1413, supra (amending SB 6-amended Election Code §§8606, 13207, 13212, 8600, & 13). 9 Senate Analysis, supra, at p.8 of 10.


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Currently, the Legislatures of Alaska and Arizona are considering

bills that would implement the Top Two Primary election regime: Alaska

House of Representatives Bill 77 and Arizona House of Representatives

Concurrent Resolution 2050. At present, each bill allows voters to cast

write-in votes that will be counted in the general election.10

Moreover, AB 1413 made a technical change to the wording of SB 6’s

Party Preference Ban. Instead of foisting minor-party candidates with the

ballot label of “No Party Preference” (as SB 6 did), AB 1413 now foists

those candidates with a ballot label that is identical in meaning: “Party

Preference: None”.11

Exhibit 6. Understandably, Intervenors-Defendants seek to

whitewash a critical fact: nearly two years ago, the Secretary of State

concluded that SB 6’s Party Preference Ban was “not permissible”. Toward

that end, Intervenors-Defendants argue that the words “not permissible” do

not mean “unlawful”.12

However, as Plaintiff Chamness pointed out to the

trial court last year, (1) the Secretary of State has not raised such an

argument, and (2) Merriam Webster’s online dictionary lists the following

words as antonyms to “permissible”: banned, barred, forbidden, prohibited

10

Alaska House of Representatives Bill 77 §20, attached to Mar. 15, 2012 Dutta Decl. (RJN) Exh. 4, available at http://www.legis.state.ak.us/basis/get_documents.asp?session=27&bill=HB77 (last visited Mar. 13, 2012); Arizona House of Representatives Concurrent Resolution 2050, Mar. 15, 2012 Dutta Decl. Exh. 5, at 2 ¶3, available at http://www.azleg.gov/legtext/50leg/2r/bills/hcr2050p.htm (last visited Mar. 13, 2012). 11

Senate Analysis, supra, at p.4 of 10 ¶9. See also AB 1413, supra (amending SB 6-amended Election Code §§13105 & 8002.5 and repealing SB 6-amended Elections Code §325); Plaintiffs’ Jan. 31, 2012 Opening Brief, at 11 n.11. 12

Intervenors-Defendants’ Mar. 1, 2012 Opp’n, at 48.


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verboten.13

A relevant excerpt from Plaintiffs’ papers has been attached as

Exhibit 6 to the accompanying Declaration of Gautam Dutta.

Exhibits 7 and 8. In her Opposition, the Secretary of State claims it

would confuse voters if the ballot labels “Independent” and “American

Independent” both appeared on the ballot. However, it is undisputed that

candidates had been able to use the “Independent” ballot label between 1891

and 2010.14

Furthermore, as page 1 of the Secretary of State’s own press

release (Exhibit 7) shows, the American Independent Party has been

qualified to appear on the California ballot since 1968. In fact, as Exhibit 8

shows, Presidential candidates using the ballot labels of “Independent” and

“American Independent” have appeared on the California ballot in 1992,

1988, 1980, and 1976. Thus, both ballot labels have been used concurrently

in California elections for nearly half a century.

Exhibit 9. In her Opposition, the Secretary of State claims that an

email that was sent from her office to the then-Lieutenant Governor’s office

was not authenticated.15

However, she authenticated that same email in her

Answer to the First Amended Complaint (Exhibit 9).

III. The Court May Take Judicial Notice under FRE 201

This Court may take judicial notice of any matter which the trial court

could have noticed,16

including developments occurring after an appeal has

13

Plaintiff Chamness’ Mar. 11, 2011 Reply Brief, at 5-6 n.15, attached to Mar. 15, 2012 Dutta Decl. (RJN) Exh. 6. 14

Plaintiffs’ Jan. 31, 3012 Opening Brief, at 14. 15

Secretary of State’s Opp’n, at 24 n.6. 16

U.S. v. Camp, 723 F.2d 741, 744 n. ** (9th Cir. 1984) (citing FRE

201(f)).


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been filed.17

Toward that end, a court must take judicial notice if requested

by a party and supplied with the necessary information.18

Courts may also take judicial notice of matters of public record,

including pleadings from online dockets and documents appearing on a

government website.19

Additionally, courts may take judicial notice of state

legislative documents.20

Here, the Court may take judicial notice of Exhibits 1 though 8,

because they are public records. The Court may also take judicial notice of

Exhibits 1 through 7, for they appeared on a government website.

Moreover, the Court may take judicial notice of Exhibits 2, 3, 4, and 5, for

they consist of relevant legislative documents. Finally, the Court may take

judicial notice of Exhibits 1, 6, and 9, for they consist of judicial pleadings.

Accordingly, the Court may take judicial notice of all of the exhibits

listed above.

Executed in Fremont, California.

17

Bryant v. Carleson, 444 F.2d 353, 357 (9th

Cir. 1971). 18

Federal Rule of Evidence §201(b); see also U.S. v. Ritchie, 342 F.3d 903, 909 (9

th Cir. 2003).

19 Porter v. Ollison, 620 F.3d 952, 954-55 (9

th Cir. 2010) (taking judicial

notice of judicial dockets appearing online); Daniels-Hall v. Nat’l Educ. Ass’n, 629 F.3d 992, 998-99 (9th Cir. 2010) (taking judicial notice of information displayed publicly on school district website); Shaw v. Hahn, 56 F.3d 1128, 1129 n.1 (9th Cir. 1995) (taking judicial notice of matter of public record). See also Cota v. Maxwell-Jolly, 688 F. Supp. 2d 980, 998 (N.D. Cal. 2010) (“The Court may properly take judicial notice of the documents appearing on a governmental website”); Paralyzed Veterans of Am. v. McPherson, No. 06-4670, 2008 WL 4183981, at *5 (N.D. Cal. Sept. 9, 2008) (taking judicial notice of a letter appearing on the Secretary of State’s website). 20

Chaker v. Crogan, 428 F.3d 1215, 1223 n.8 (9th Cir. 2005).


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DATED: Mar. 15, 2012

By: s/ Gautam Dutta GAUTAM DUTTA, ESQ.


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No. 11-56449

IN THE UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

__________

MICHAEL CHAMNESS, DANIEL FREDERICK, and RICH WILSON

Plaintiffs / Appellants,

JULIUS GALACKI

Intervenor-Applicant / Appellant,

-v.-

DEBRA BOWEN, in only her official capacity as California Secretary of State, and DEAN

LOGAN, in only his official capacity as Registrar-Recorder / County Clerk of Los Angeles

County,

Defendants / Appellees

ABEL MALDONADO, CALIFORNIA INDEPENDENT VOTER PROJECT, CALIFORNIANS

TO DEFEND THE OPEN PRIMARY,

Intervenors-Defendants / Appellees

___________

ON APPEAL FROM CENTRAL DISTRICT OF CALIFORNIA ORDERS (1) DENYING

PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT AND GRANTING SUMMARY

JUDGMENT IN FAVOR ON NON-MOVING PARTIES, AND (2) GRANTING INTERVENORS-

DEFENDANTS’ MOTION TO INTERVENE

___________

DECLARATION OF GAUTAM DUTTA IN SUPPORT OF

PLAINTIFFS’ SUPPLEMENTAL REQUEST FOR JUDICIAL NOTICE ___________

GAUTAM DUTTA

Attorney for Plaintiffs-Appellants

Gautam Dutta, Attorney-at-Law

39270 Paseo Padre Parkway # 206

Fremont, CA 94538

415.236.2048; 213.405.2416 fax

[email protected]


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I, Gautam Dutta, declare as follows:

1. I am an attorney licensed to practice in the State of California.

I have been a member of the State Bar of California since 1998 (State Bar

No. 199326), and am also admitted to practice before this Court. I represent

Plaintiffs-Appellants Michael Chamness, Daniel Frederick, and Rich

Wilson.

2. I have attached true and accurate copies of the following

documents: Exhibit Document 1 Relevant excerpts from Intervenors-Defendants’ Excerpts

of Record pp. ISER 1209-10, 1215, 1220 & 1222-23 2 Assembly Bill 1413 (Fong), which took effect on January

10, 2012 after being signed into law by Governor Jerry Brown, available at http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_1401-1450/ab_1413_bill_20120210_chaptered.pdf (last visited Mar. 13, 2012)

3 Jan. 23, 2012 Senate Analysis of Assembly Bill 1413

(Fong), available at http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_1401-1450/ab_1413_cfa_20120123_103039_sen_floor.html (last visited Mar. 13, 2012)

4 Alaska House of Representatives Bill 77, legislation to

implement the Top Two Primary available at http://www.legis.state.ak.us/basis/get_documents.asp?session=27&bill=HB77 (last visited Mar. 13, 2012)

5 Arizona House of Representatives Concurrent Resolution

2050, legislation to implement the Top Two Primary available at http://www.azleg.gov/legtext/50leg/2r/bills/hcr2050p.htm (last visited Mar. 13, 2012)

6 Pages 5 and 6 from Plaintiff Chamness’ Mar. 11, 2011

Reply Brief (originally filed with the trial court)


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7 Secretary of State’s Dec. 19, 2011 Press Release showing

that the American Independent Party first qualified to

appear on the California ballot in 1968, available at

http://www.sos.ca.gov/admin/press-releases/2011/db11-

064.pdf (last visited Mar. 13, 2012)

8 Sample California ballots from the 1992, 1988, 1980, and

1976 Presidential general elections (featuring Presidential

candidates running with the ballot labels of

“Independent” and “American Independent”)

9 Excerpt from Secretary of State’s Apr. 4, 2011 Answer to

First Amended Complaint

I declare under penalty of perjury and the laws of the United States

that the foregoing is true and correct and are based on my personal

knowledge, except for matters stated on information and belief; and, as to

those matters, I believe them to be true. If called as a witness, I could

competently testify thereto.

Executed in Fremont, California.

DATED: Mar. 15, 2012

By: s/ Gautam Dutta GAUTAM DUTTA, ESQ.


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CERTIFICATE OF SERVICE

On Mar. 15, 2012, I electronically filed, via CM/ECF, a copy of the

foregoing document with the Clerk of the Court of the U.S. Court of Appeals

for the Ninth Circuit. I certify that all participants in the case are registered

CM/ECF users and that service will be accomplished by the appellate

CM/ECF system.

s/_Gautam Dutta

GAUTAM DUTTA, ESQ.



SUPPLEMENTARY REQUEST FOR JUDICIAL NOTICE

EXHIBIT 1




EXHIBIT 2


Assembly Bill No. 1413

CHAPTER 3

An act to amend Sections 13, 334, 359.5, 2151, 2154, 2155, 3006, 3007.5,3205, 7100, 8002.5, 8025, 8040, 8041, 8062, 8068, 8106, 8121, 8124,8141.5, 8142, 8148, 8300, 8600, 8606, 8803, 8805, 8807, 9083.5, 10704,10706, 12108, 13105, 13107, 13206, 13207, 13212, 13230, 13300, 13302,15340, 15402, and 19301 of, to add Section 13206.5 to, and to repealSections 325 and 9084.5 of, the Elections Code, and to amend Sections85312 and 85703 of the Government Code, relating to elections, anddeclaring the urgency thereof, to take effect immediately.

[Approved by Governor February 10, 2012. Filed withSecretary of State February 10, 2012.]

legislative counsel’s digest

AB 1413, Fong. Elections.Existing provisions of the California Constitution require a

“voter-nominated primary election” for each state elective office andcongressional office in California, in which a voter may vote at the primaryelection for any candidate for congressional or state elective office withoutregard to the political party preference disclosed by either the candidate orthe voter. The candidates receiving the 2 highest vote totals for each officeat the primary election, regardless of party preference, compete for the officeat the general election. Existing provisions of the Elections Code implementthe “voter-nominated primary election” of the California Constitution.

This bill would make technical revisions to provisions of the ElectionsCode to reflect the “voter-nominated primary election” process. The billwould conform the procedures applicable in case of a tie in the primaryelection for voter-nominated offices to the existing provisions applicableto specified partisan offices. The bill would impose requirements for formsrelating to declaration of candidacy for voter-nominated offices, state ballotpamphlets, and ballots.

Existing law requires every person who desires to be a write-in candidateand have his or her name as written on the ballot of an election counted fora particular office to file a statement of write-in candidacy that containsspecified information.

This bill would require that a statement of write-in candidacy for avoter-nominated office also include a certification of the candidate’scomplete voter registration and party affiliation or preference history forthe preceding 10 years, or for as long as he or she has been eligible to votein the state if less than 10 years. This bill would also provide that a personmay not be a write-in candidate at the general election for a voter-nominatedoffice.

94


Existing law states that a vacancy exists on a general election ballotwhenever a candidate for nomination for a nonpartisan or voter-nominatedoffice at a primary election dies on or before the day of the election, and asufficient number of ballots are marked as being voted for him or her toentitle him or her to nomination if he or she had lived until after the election.

This bill would instead require the name of the candidate for nominationfor a voter-nominated office at a primary election to appear on the generalelection ballot under those circumstances.

Existing law prohibits a vacancy on the general election ballot to be filledexcept if the elections official ascertained the candidate’s death at least 68days before the date of the ensuing general election.

This bill would prohibit a vacancy on the general election ballot for avoter-nominated office to be filled without exception. This bill would requirethe name of a candidate who dies but is otherwise entitled to appear on thegeneral election ballot to appear on the ballot and would require the votescast for the deceased candidate to be counted in determining the results ofthe election for that office.

The Political Reform Act of 1974 defines and regulates campaigncontributions and expenditures, including payments made by a politicalparty for communications with its members.

This bill would make conforming changes to those provisions to reflectthe voter-nominated primary election process.

The Political Reform Act of 1974, an initiative measure, provides thatthe Legislature may amend the act to further the act’s purposes upon a 2⁄3vote of each house and compliance with specified procedural requirements.

This bill would declare that it furthers the purposes of the act.This bill would declare that it is to take effect immediately as an urgency

statute.

The people of the State of California do enact as follows:

SECTION 1. Section 13 of the Elections Code is amended to read:13. (a) A person shall not be considered a legally qualified candidate

for an office, for party nomination for a partisan office, or for nominationto participate in the general election for a voter-nominated office, under thelaws of this state unless that person has filed a declaration of candidacy orstatement of write-in candidacy with the proper official for the particularelection or primary, or is entitled to have his or her name placed on a generalelection ballot by reason of having been nominated at a primary election,or having been selected to fill a vacancy on the general election ballot asprovided in Section 8807, or having been selected as an independentcandidate pursuant to Section 8304.

(b) Nothing in this section shall be construed as preventing or prohibitingany qualified voter of this state from casting a ballot for a person by writingthe name of that person on the ballot, or from having that ballot counted ortabulated, nor shall this section be construed as preventing or prohibiting a

94

— 2 —Ch. 3


person from standing or campaigning for an elective office by means of a“write-in” campaign. However, nothing in this section shall be construedas an exception to the requirements of Section 15341 or to permit a personto be a write-in candidate contrary to Sections 8600 and 8606.

(c) It is the intent of the Legislature, in enacting this section, to enablethe Federal Communications Commission to determine who is a “legallyqualified candidate” in this state for the purposes of administering Section315 of Title 47 of the United States Code.

SEC. 2. Section 325 of the Elections Code is repealed.SEC. 3. Section 334 of the Elections Code is amended to read:334. “Nonpartisan office” means an office, except for a voter-nominated

office, for which no party may nominate a candidate. Judicial, school, county,and municipal offices, including the Superintendent of Public Instruction,are nonpartisan offices.

SEC. 4. 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 partypreference or lack of party preference indicated upon the ballot. A politicalparty or party central committee shall not nominate a candidate at astate-conducted primary election for a voter-nominated office. The primaryconducted for a voter-nominated office does not serve to determine thenominees of a political party but serves to winnow the candidates for thegeneral election to the candidates receiving the highest or second highestnumber of votes cast at the primary election. The following offices arevoter-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 officelisted in subdivision (a).

SEC. 5. Section 2151 of the Elections Code is amended to read:2151. (a) At the time of registering and of transferring registration, an

elector may disclose the name of the political party that he or she prefers.The name of that political party shall be stated in the affidavit of registrationand the index.

(b) (1) The voter registration card shall inform the affiant that an electormay decline to disclose a political party preference, but a person shall not

94

Ch. 3— 3 —


be entitled to vote the ballot of a political party at a primary election forPresident of the United States or for a party committee unless he or she hasdisclosed the name of the party that he or she prefers or unless he or shehas declined to disclose a party preference and the political party, by partyrule duly noticed to the Secretary of State, authorizes a person who hasdeclined to disclose a party preference to vote the ballot of that politicalparty. The voter registration card shall further inform the affiant that aregistered voter may vote for any candidate at a primary election for stateelective office or congressional office, regardless of the disclosed partypreference of the registrant or the candidate seeking that office or the refusalof the registrant or candidate to disclose a party preference.

(2) The voter registration card shall include a listing of all qualifiedpolitical parties. As part of that listing, the voter registration card shall alsocontain an option that permits the affiant to decline to disclose a partypreference. This option shall be placed at the end of the listing of qualifiedpolitical parties.

(c) A person shall not be permitted to vote the ballot of a party or fordelegates to the convention of a party other than the party disclosed aspreferred in his or her registration, except as provided by Section 2152 orunless he or she has declined to disclose a party preference and the party,by party rule duly noticed to the Secretary of State, authorizes a person whohas declined to disclose a party preference to vote the party ballot or fordelegates to the party convention.

(d) As of the effective date of the statute that added this subdivision, anyvoter who previously stated a political party affiliation when registering tovote shall be deemed to have disclosed that same party as his or her politicalparty preference unless the voter files a new affidavit of registrationdisclosing a different political party preference or no political partypreference. Any voter who previously declined to state a party affiliationshall be deemed to have declined to disclose a party preference unless thevoter files a new affidavit of registration disclosing a different political partypreference.

(e) The Secretary of State may continue to supply existing affidavits ofregistration prior to printing new or revised forms that reflect the changesrequired pursuant to any amendment made to this section.

SEC. 6. Section 2154 of the Elections Code is amended to read:2154. In the event that the county elections official receives an affidavit

of registration that does not include portions of the information for whichspace is provided, the county elections official shall apply the followingrebuttable presumptions:

(a) If no middle name or initial is shown, it shall be presumed that noneexists.

(b) If no party preference is shown, it shall be presumed that the affianthas declined to disclose a party preference.

(c) If no execution date is shown, it shall be presumed that the affidavitwas executed on or before the 15th day prior to the election, provided that(1) the affidavit is received by the county elections official on or before the

94

— 4 —Ch. 3


15th day prior to the election, or (2) the affidavit is postmarked on or beforethe 15th day prior to the election and received by mail by the county electionsofficial.

(d) If the affiant fails to identify his or her state of birth within the UnitedStates, it shall be presumed that the affiant was born in a state or territoryof the United States if the birthplace of the affiant is shown as “UnitedStates,” “U.S.A.,” or other recognizable term designating the United States.

SEC. 7. Section 2155 of the Elections Code is amended to read:2155. Upon receipt of a properly executed affidavit of registration or

address correction notice or letter pursuant to Section 2119, Article 2(commencing with Section 2220), or the National Voter Registration Actof 1993 (42 U.S.C. Sec. 1973gg), the county elections official shall sendthe voter a voter notification by nonforwardable, first-class mail, addresscorrection requested. The voter notification shall state the party preferencefor which the voter has registered in the following format:

Party: (Name of political party)The voter notification shall be substantially in the following form:

VOTER NOTIFICATION

You are registered to vote. The party preference you chose, if any, is onthis card. This card is being sent as a notification of:

1. Your recently completed affidavit of registration.

OR,

2. A change to your registration because of an official notice that youhave moved. If your residence address has not changed or if your move istemporary, please call or write to our office immediately.

OR,

3. Your recent registration with a change in party preference. If thischange is not correct, please call or write to our office immediately.

_____________________________________________________________

You may vote in any election held 15 or more days after the date on thiscard.

Your name will appear on the index kept at the polls.Please contact our office if the information shown on the reverse side of

this card is incorrect.

_____________________________________________________________(Signature of Voter)

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Ch. 3— 5 —


SEC. 8. Section 3006 of the Elections Code is amended to read:3006. (a) A printed application that is to be distributed to a voter for

requesting a vote by mail voter’s ballot shall inform the voter that theapplication for the vote by mail voter’s ballot must be received by theelections official not later than seven days prior to the date of the electionand shall contain spaces for the following:

(1) The printed name and residence address of the voter as it appears onthe affidavit of registration.

(2) The address to which the ballot is to be mailed.(3) The voter’s signature.(4) The name and date of the election for which the request is to be made.(b) (1) The information required by paragraphs (1) and (4) of subdivision

(a) may be preprinted on the application. The information required byparagraphs (2) and (3) of subdivision (a) shall be personally affixed by thevoter.

(2) An address, as required by paragraph (2) of subdivision (a), may notbe the address of a political party, a political campaign headquarters, or acandidate’s residence. However, a candidate, his or her spouse, immediatefamily members, and any other voter who shares the same residence addressas the candidate may request that a vote by mail ballot be mailed to thecandidate’s residence address.

(3) An application that contains preprinted information shall contain aconspicuously printed statement substantially similar to the following: “Youhave the legal right to mail or deliver this application directly to the localelections official of the county where you reside.”

(c) The application shall inform the voter that if he or she has declinedto disclose a preference for a political party, the voter may request a voteby mail ballot for a particular political party for the partisan primary election,if that political party has adopted a party rule, duly noticed to the Secretaryof State, authorizing that vote. The application shall contain a toll-freetelephone number, established by the Secretary of State, that the voter maycall to access information regarding which political parties have adoptedsuch a rule. The application shall contain a checkoff box with aconspicuously printed statement that reads substantially similar to thefollowing: “I have declined to disclose a preference for a qualified politicalparty. However, for this primary election only, I request a vote by mailballot for the _________ Party.” The name of the political party shall bepersonally affixed by the voter.

(d) The application shall provide the voter with information concerningthe procedure for establishing permanent vote by mail voter status, and thebasis upon which permanent vote by mail voter status is claimed.

(e) The application shall be attested to by the voter as to the truth andcorrectness of its content, and shall be signed under penalty of perjury.

SEC. 9. Section 3007.5 of the Elections Code is amended to read:3007.5. (a) The Secretary of State shall prepare and distribute to

appropriate elections officials a uniform electronic application format fora vote by mail voter’s ballot that conforms to this section.

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(b) The uniform electronic application shall inform the voter that theapplication for the vote by mail voter’s ballot must be received by theelections official not later than seven days prior to the date of the electionand shall contain spaces for at least the following information:

(1) The name and residence address of the registered voter as it appearson the affidavit of registration.

(2) The address to which the ballot is to be mailed.(3) The name and date of the election for which the request is made.(4) The date of birth of the registered voter.(c) The uniform electronic application shall inform the voter that if he

or she has declined to disclose a preference for a political party, the votermay request a vote by mail ballot for a particular political party for thepartisan primary election, if that political party has adopted a party rule,duly noticed to the Secretary of State, authorizing that vote. The applicationshall contain a toll-free telephone number, established by the Secretary ofState, that the voter may call to access information regarding which politicalparties have adopted such a rule. The application shall list the parties thathave notified the Secretary of State of the adoption of such a rule. Theapplication shall contain a checkoff box with a conspicuously printedstatement that reads substantially similar to the following: “I have declinedto disclose a preference for a qualified political party. However, for thisprimary election only, I request a vote by mail ballot for the ____ Party.”The name of the political party shall be personally affixed by the voter.

(d) The uniform electronic application shall contain a conspicuouslyprinted statement substantially similar to the following: “Only the registeredvoter himself or herself may apply for a vote by mail ballot. An applicationfor a vote by mail ballot made by a person other than the registered voteris a criminal offense.”

(e) The uniform electronic application shall include a statementsubstantially similar to the following: “A ballot will not be sent to you ifthis application is incomplete or inaccurate.”

(f) The uniform electronic application format shall not permit the formto be electronically submitted unless all of the information required tocomplete the application is contained in the appropriate fields.

SEC. 10. Section 3205 of the Elections Code is amended to read:3205. (a) Vote by mail ballots mailed to, and received from, voters on

the permanent vote by mail voter list are subject to the same deadlines andshall be processed and counted in the same manner as all other vote by mailballots.

(b) Prior to each partisan primary election, county elections officialsshall mail to every voter who has declined to disclose a preference for apolitical party whose name appears on the permanent vote by mail voterlist a notice and application regarding voting in the primary election. Thenotice shall inform the voter that he or she may request a vote by mail ballotfor a particular political party for the primary election, if that political partyadopted a party rule, duly noticed to the Secretary of State, authorizing thesevoters to vote in their primary. The notice shall also contain a toll-free

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telephone number, established by the Secretary of State, that the voter maycall to access information regarding which political parties have adoptedsuch a rule. The application shall contain a checkoff box with aconspicuously printed statement that reads substantially similar to thefollowing: “I have declined to disclose a preference for a qualified politicalparty. However, for this primary election only, I request a vote by mailballot for the ____ Party.” The name of the political party shall be personallyaffixed by the voter.

SEC. 11. Section 7100 of the Elections Code is amended to read:7100. In each year of the general election at which electors of President

and Vice President of the United States are to be chosen, the candidate ineach congressional district who received the largest number of votes in theprimary election among the candidates who disclosed a preference for theDemocratic Party shall designate one presidential elector and shall file hisor her name and residence and business address with the state chairpersonby a date specified by the state chairperson. The candidate for United StatesSenate who received the largest number of votes in the primary electionamong the candidates who disclosed a preference for the Democratic Partyin each of the last two United States senatorial elections shall designate onepresidential elector and shall file his or her name and residence and businessaddress with the state chairperson by a date specified by the state chairperson.In the event there is no candidate for United States Senate or for anyparticular congressional district who disclosed a preference for theDemocratic Party, or if any candidate fails to designate a presidential electorby the date specified by the state chairperson, the state chairperson shalldesignate one presidential elector for each vacancy. The state chairpersonshall file the names and residence and business addresses of all the electorsdesignated pursuant to this section with the Secretary of State by October1 of the presidential election year.

SEC. 12. 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 his or her declaration of candidacy, which shall beconsistent with what appears on the candidate’s most recent affidavit ofregistration:

(1) “Party Preference: ______ (insert the name of the qualified politicalparty as disclosed upon your affidavit of registration).”

(2) “Party Preference: None (if you have declined to disclose a preferencefor a qualified political party upon your affidavit of registration).”

(b) The selection made by a candidate pursuant to subdivision (a) shallappear on the primary and general election ballot in conjunction with hisor her name, and shall not be changed between the primary and generalelection.

(c) Regardless of the party preference, or lack of party preference, of thecandidate or the voter, any qualified voter may vote for any candidate fora voter-nominated office if the voter is otherwise entitled to vote forcandidates 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

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primary election ballot for any candidate for a voter-nominated office,regardless of the party preference, or lack of party preference, designatedby the candidate for inclusion upon the ballot pursuant to this section,provided that the voter is otherwise qualified to cast a ballot for the officeat issue.

(d) A candidate designating a party preference pursuant to subdivision(a) shall not be deemed to be the official nominee of the party designatedas preferred by the candidate. A candidate’s designation of party preferenceshall not be construed as an endorsement of that candidate by the partydesignated. The party preference designated by the candidate is shown forthe information of the voters only and may in no way limit the optionsavailable to voters.

(e) All references to party preference or affiliation shall be omitted fromall forms required to be filed by a voter-nominated candidate pursuant tothis division in the same manner that such references are omitted from formsrequired to be filed by nonpartisan candidates pursuant to Section 8002,except that the declaration of candidacy required by Section 8040 shallinclude space for the candidate to list the party preference disclosed uponthe candidate’s most recent affidavit of registration, in accordance withsubdivision (a).

SEC. 13. Section 8025 of the Elections Code is amended to read:8025. If a candidate who has declared a candidacy for a nomination at

the direct primary election for a voter-nominated office dies after the lastday prescribed for the delivery of nomination documents to the electionsofficial, as provided in Section 8020, but not less than 83 days before theelection, any person, regardless of his or her party preference or lack ofparty preference, may circulate and deliver nomination documents for theoffice to the elections official up to 5 p.m. on the 74th day prior to theelection. In that case, the elections official shall, immediately after receiptof those nomination documents, certify and transmit them to the Secretaryof State in the manner specified in this article.

SEC. 14. Section 8040 of the Elections Code is amended to read:8040. (a) The declaration of candidacy by a candidate shall be

substantially as follows:

DECLARATION OF CANDIDACY

I hereby declare myself a candidate for nomination to the office of ________District Number ________ to be voted for at the primary election to be held________, 20__, and declare the following to be true: My name is ________________________________________________. I want my name and occupational designation to appear on the ballot asfollows: ______________________________________.

Addresses:Residence ________________________________________________ ________________________________________________Business ________________________________________________

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________________________________________________Mailing ________________________________________________ ________________________________________________

Telephone numbers: Day _________ Evening _________ Web site: _______________________________________ I meet the statutory and constitutional qualifications for this office (including,but not limited to, citizenship, residency, and party preference, if required). I am at present an incumbent of the following public office(if any) __________. If nominated, I will accept the nomination and not withdraw.

Signature of candidate

A candidate for voter-nominated office shall also complete all of the following:

1. I hereby certify that:(a) At the time of presentation of this declaration, as shown by my currentaffidavit of registration, I have disclosed the following political partypreference, if any: __________________________________________.(b) My complete voter registration and party affiliation/preference history,from [10 years prior to current year] through the date of signing thisdocument, is as follows:

Timeframe (by year)CountyParty Registration_________________________________________________________________________________________________________________________________________________________________________________

(2) Pursuant to Section 8002.5 of the Elections Code, select one of thefollowing:

______ Party Preference: _____________________ (insert the name of thequalified political party as disclosed upon your affidavit of registration).

______ Party Preference: None (if you have declined to disclose a preferencefor a qualified political party upon your affidavit of registration).

Dated this ___ day of _____, 20___.

____________________________ Signature of candidate

)State of California ) ss.County of ____________ )

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Subscribed and sworn to before me this ___ day of ________, 20____.

Notary Public (or other official) Examined and certified by me this ________ day of ________, 20____.

County Elections Official

WARNING: Every person acting on behalf of a candidate is guilty of amisdemeanor who deliberately fails to file at the proper time and in theproper place any declaration of candidacy in his or her possession which isentitled to be filed under the provisions of the Elections Code Section 18202.

(b) A candidate for a judicial office may not be required to state his orher residential address on the declaration of candidacy. However, in caseswhere the candidate does not state his or her residential address on thedeclaration of candidacy, the elections official shall verify whether his orher address is within the appropriate political subdivision and add thenotation “verified” where appropriate.

SEC. 15. Section 8041 of the Elections Code is amended to read:8041. (a) The nomination paper shall be in substantially the following

form:

NOMINATION PAPER

I, the undersigned signer for ______ for nomination to the office of ____,to be voted for at the primary election to be held on the ____ day of ____,20__, hereby assert as follows: I am a resident of ____ County and registered to vote at the address shownon this paper. I am not at this time a signer of any other nomination paper ofany other candidate for the above-named office, or in case there are severalplaces to be filled in the above-named office, I have not signed morenomination papers than there are places to be filled in the above-named office.My residence is correctly set forth after my signature hereto:

Name _______________________________________________________

Residence ____________________________________________________

(b) The affidavit of the circulator shall read as follows:

AFFIDAVIT OF THE CIRCULATOR

I, ______, solemnly swear (or affirm) that the signatures on this section ofthe nomination paper were obtained between _____, 20__, and _____, 20__;that I circulated the petition and I witnessed the signatures on this section ofthe nomination paper being written; and that, to the best of my information

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and belief, each signature is the genuine signature of the person whose nameit purports to be. My voting residence is ______________.

Signed ______________________________________________________ Subscribed and sworn to before me this ___________ day of _____________,20__.

(SEAL) Notary Public (or other official)

Examined and certified by me this ___________ day of _____________,20__.

Elections Official

WARNING: Every person acting on behalf of a candidate is guilty of amisdemeanor who deliberately fails to file at the proper time and in theproper place any nomination paper in his or her possession which is entitledto be filed under Section 18202 of the Elections Code.

(c) If the nomination paper is for a partisan office, the nomination papershall include a statement indicating the party preference of the signer of thenomination paper.

SEC. 16. Section 8062 of the Elections Code is amended to read:8062. (a) The number of registered voters required to sign a nomination

paper for the respective offices are as follows:(1) State office or United States Senate, not fewer than 65 nor more than

100.(2) House of Representatives in Congress, State Senate or Assembly,

State Board of Equalization, or any office voted for in more than one county,and not statewide, not fewer than 40 nor more than 60.

(3) Candidacy in a single county or any political subdivision of a county,other than State Senate or Assembly, not fewer than 20 nor more than 40.

(4) With respect to a candidate for a political party committee, if anypolitical party has fewer than 50 voters in the state or in the county or districtin which the election is to be held, one-tenth the number of voters of theparty.

(5) If there are fewer than 150 voters in the county or district in whichthe election is to be held, not fewer than 10 nor more than 20.

(b) The provisions of this section are mandatory, not directory, and nonomination paper shall be deemed sufficient that does not comply with thissection. However, this subdivision shall not be construed to prohibitwithdrawal of signatures pursuant to Section 8067. This subdivision also

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shall not be construed to prohibit a court from validating a signature whichwas previously rejected upon showing of proof that the voter whose signatureis in question is otherwise qualified to sign the nomination paper.

SEC. 17. Section 8068 of the Elections Code is amended to read:8068. Signers shall be voters in the district or political subdivision in

which the candidate is to be voted on. With respect to a candidacy forpartisan office, signers shall be voters who disclosed a preference, pursuantto Section 2151, for the party, if any, for which the nomination is proposed.With respect to a candidacy for voter-nominated office, signers need nothave disclosed a preference for any party.

SEC. 18. Section 8106 of the Elections Code is amended to read:8106. (a) Notwithstanding any other provision of this article, a candidate

may submit a petition containing signatures of registered voters in lieu ofa filing fee as follows:

(1) For the office of California State Assembly, 1,500 signatures.(2) For the office of California State Senate and the United States House

of Representatives, 3,000 signatures.(3) For candidates running for statewide office, 10,000 signatures.(4) For all other offices for which a filing fee is required, if the number

of registered voters in the district in which he or she seeks nomination is2,000 or more, a candidate may submit a petition containing four signaturesof registered voters for each dollar of the filing fee, or 10 percent of thetotal of registered voters in the district in which he or she seeks nomination,whichever is less.

(5) For all other offices for which a filing fee is required, if the numberof registered voters in the district in which he or she seeks nomination isless than 2,000, a candidate may submit a petition containing four signaturesof registered voters for each dollar of the filing fee, or 20 percent of thetotal of registered voters in the district in which he or she seeks nomination,whichever is less.

(6) A voter may sign both a candidate’s nomination papers and his orher in-lieu-filing-fee petition. However, if signatures appearing on thedocuments are counted towards both the nomination paper and thein-lieu-filing-fee petition signature requirements, a person may only signone of the documents.

(b) The Secretary of State or an elections official shall furnish to eachcandidate, upon request, and without charge therefor, forms for securingsignatures. The number of forms which the elections official shall furnisha candidate shall be a quantity that provides the candidates with spaces forsignatures sufficient in number to equal the number of signatures that thecandidate is required to secure pursuant to subdivision (a) if the candidatedesires that number of forms. However, the elections official, rather thanprovide the candidate with the number of forms set forth in the precedingsentence, or upon the request of a candidate, may provide the candidatewith a master form that may be duplicated by the candidate at the candidate’sexpense for the purpose of circulating additional petitions. The Secretaryof State shall provide the master form. The elections official may provide

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candidates a form other than the master form provided by the Secretary ofState. However, that form shall meet all statutory requirements, and theelections official shall also make available and accept the master formprovided by the Secretary of State. All forms shall be made availablecommencing 45 days before the first day for circulating nomination papers.However, in cases of vacancies for which a special election is authorizedor required to be held to fill the vacancy, and where the prescribednomination period would commence less than 45 days after the creation ofthe vacancy, the forms shall be made available within five working daysafter the creation of the vacancy. No other form except the form furnishedby the Secretary of State or the elections official or forms duplicated froma master form shall be used to secure signatures. Each petition section shallbear an affidavit signed by the circulator, in substantially the same form asset forth in Section 8041. The substitution of signatures for fees shall besubject to the following provisions:

(1) Any registered voter may sign an in-lieu-filing-fee petition for anycandidate for whom he or she is eligible to vote.

(2) If a voter signs more candidates’ petitions than there are offices tobe filled, the voter’s signatures shall be valid only on those petitions which,taken in the order they were filed, do not exceed the number of offices tobe filled.

(3) In-lieu-filing-fee petitions shall be filed at least 15 days prior to theclose of the nomination period. Upon receipt of the minimum number ofin-lieu-filing-fee signatures required, or a sufficient combination ofsignatures and pro rata filing fee, the elections official shall issue nominationpapers provisionally. Within 10 days after receipt of a petition, the electionsofficial shall notify the candidate of any deficiency. The candidate shallthen, prior to the close of the nomination period, either submit a supplementalpetition, or pay a pro rata portion of the filing fee to cover the deficiency.

(4) If the petition is circulated for an office in more than one county, thecandidate shall submit the signatures to the elections official in the countyin which the petition was circulated. The elections official shall, at least twodays after verifying the signatures on the petition, notify the Secretary ofState of the total number of valid signatures. If the number of signatures isinsufficient, the Secretary of State shall notify the candidate and the electionsofficials of the fact. The candidate may submit the necessary number ofvalid signatures at any time prior to the close of the period for circulatingnomination papers. Each circulator of an in-lieu-filing-fee petition shall bea registered voter of the district or political subdivision in which thecandidate is to be voted on. The circulator shall serve within the county inwhich he or she resides.

(5) Each candidate may submit a greater number of signatures to allowfor subsequent losses due to invalidity of some signatures. The electionsofficial shall not be required to determine the validity of a greater numberof signatures than that required by this section.

(c) For the purposes of this section, the requisite number of signaturesshall be computed from the latest registration figures forwarded to the

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Secretary of State pursuant to Section 2187 prior to the first day on whichpetitions are available.

(d) All valid signatures obtained pursuant to this section shall be countedtoward the number of voters required to sign a nomination paper inaccordance with Section 8061 or 8405.

SEC. 19. Section 8121 of the Elections Code is amended to read:8121. (a) Not less than five days before he or she transmits the certified

list of candidates to the county elections officials, as provided in Section8120, the Secretary of State shall notify each candidate for partisan officeand voter-nominated office of the names, addresses, offices, occupations,and party preferences of all other persons who have filed for the same office.

(b) (1) Beginning not less than five days before he or she transmits thecertified list of candidates to the county elections officials, as required bySection 8120, the Secretary of State shall post, in a conspicuous place onhis or her Internet Web site, the party preference history of each candidatefor voter-nominated office for the preceding 10 years, or for as long as heor she has been eligible to vote in the state if less than 10 years. Thecandidates’ party preference history shall be continuously posted until suchtime as the official canvass is completed for the general or special electionat which a candidate is elected to the voter-nominated office sought, exceptthat, in the case of a candidate who participated in the primary election andwho was not nominated to participate in the general election, the candidate’sparty preference history need not continue to be posted following thecompletion of the official canvass for the primary election in question.

(2) For purposes of this subdivision, “party preference history” also refersto the candidate’s history of party registration during the 10 years precedingthe effective date of this section.

(3) The Secretary of State shall also conspicuously post on the sameInternet Web site as that containing the candidates’ party preference historythe notice specified by subdivision (b) of Section 9083.5.

SEC. 20. Section 8124 of the Elections Code is amended to read:8124. The certified list of candidates sent to each county elections official

by the Secretary of State shall show all of the following:(a) The name of each candidate.(b) The office for which each person is a candidate.(c) With respect to candidates for partisan offices, the party each person

represents.(d) With respect to candidates for voter-nominated offices, the designation

made by the candidate pursuant to Section 8002.5.(e) If applicable, the ballot designation specified in accordance with

Section 13107.SEC. 21. Section 8141.5 of the Elections Code is amended to read:8141.5. Except as provided in subdivision (b) of Section 8142, only the

candidates for a voter-nominated office who receive the highest or secondhighest number of votes cast at the primary election shall appear on theballot as candidates for that office at the ensuing general election. Morethan one candidate with the same party preference designation may

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participate in the general election pursuant to this subdivision.Notwithstanding the designation made by the candidate pursuant to Section8002.5, no candidate for a voter-nominated office shall be deemed to be theofficial nominee for that office of any political party, and no party is entitledto have a candidate with its party preference designation participate in thegeneral election unless that candidate is one of the candidates receiving thehighest or second highest number of votes cast at the primary election.

SEC. 22. 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 ifthey qualify pursuant to Section 8141 whether or not there are morecandidates at the general election than prescribed by this article. In no caseshall the tie be determined by lot.

(b) In the case of a tie vote among candidates at a primary election fora voter-nominated office, the following applies:

(1) All candidates receiving the highest number of votes cast for anycandidate shall be candidates at the ensuing general election whether or notthere are more candidates at the general election than prescribed by thisarticle.

(2) Notwithstanding Section 8141.5, if a tie vote among candidates resultsin more than one primary candidate qualifying for the general electionpursuant to subdivision (a), candidates receiving fewer votes shall not becandidates at the general election, even if they receive the second highestnumber of votes cast.

(3) If only one candidate receives the highest number of votes cast butthere is a tie vote among two or more candidates receiving the second highestnumber of votes cast, each of those second-place candidates shall be acandidate at the ensuing general election along with the candidate receivingthe highest number of votes cast, regardless of whether there are morecandidates at the general election than prescribed by this article.

(4) In no case shall the tie be determined by lot.SEC. 23. Section 8148 of the Elections Code is amended to read:8148. Not less than 68 days before the general election, the Secretary

of State shall deliver to the appropriate county elections official a certificateshowing:

(a) The name of every person entitled to receive votes within that countyat the general election who has received the nomination as a candidate forpublic office pursuant to this chapter, the designation of the public officefor which he or she has been nominated, and, if applicable, the ballotdesignation specified in accordance with Section 13107.

(b) For each nominee for a partisan office, the name of the party that hasnominated him or her.

(c) For each nominee for a voter-nominated office, the designation madeby the candidate pursuant to Section 8002.5.

SEC. 24. Section 8300 of the Elections Code is amended to read:8300. A candidate for a partisan office, including that of presidential

elector, may be nominated subsequent to, or by other means than, a primary

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election pursuant to this chapter. A candidate for nonpartisan office or forvoter-nominated office may be nominated subsequent to, or by other meansthan, a primary election pursuant to this chapter only if a candidate was notnominated or elected at the primary election for that office.

SEC. 25. Section 8600 of the Elections Code is amended to read:8600. Every person who desires to be a write-in candidate and have his

or her name as written on the ballot of an election counted for a particularoffice shall file:

(a) A statement of write-in candidacy that contains the followinginformation:

(1) Candidate’s name.(2) Residence address.(3) A declaration stating that he or she is a write-in candidate.(4) The title of the office for which he or she is running.(5) The party nomination which he or she seeks, if running in a partisan

primary election.(6) The date of the election.(7) A certification of the candidate’s complete voter registration and

party affiliation/preference history for the preceding 10 years, or for as longas he or she has been eligible to vote in the state if less than 10 years, ifrunning for a voter-nominated office.

(8) For any of the offices described in Section 13.5, a statement that thecandidate meets the statutory and constitutional requirements for that officeas described in that section.

(b) The requisite number of signatures on the nomination papers, if any,required pursuant to Sections 8062, 10220, and 10510, or, in the case of aspecial district not subject to the Uniform District Election Law (Part 4(commencing with Section 10500) of Division 10), the number of signaturesrequired by the principal act of the district.

(c) Notwithstanding any other provision of law, a person may not be awrite-in candidate at the general election for a voter-nominated office.

SEC. 26. Section 8606 of the Elections Code is amended to read:8606. Notwithstanding any other provision of law, a person may not be

a write-in candidate at the general election for a voter-nominated office.SEC. 27. Section 8803 of the Elections Code is amended to read:8803. (a) No vacancy on the ballot for a nonpartisan office at a general

election shall be filled except if the candidate dies and that fact has beenascertained by the officer charged with the duty of printing the ballots atleast 68 days before the date of the next ensuing general election.

(b) No vacancy on the ballot for a voter-nominated office at a generalelection shall be filled. If a candidate who is entitled to appear on the generalelection ballot dies, the name of that candidate shall appear on the generalelection ballot and any votes cast for that candidate shall be counted indetermining the results of the election for that office. If the deceasedcandidate receives a majority of the votes cast for the office, he or she shallbe considered elected to that office and the office shall be considered vacantat the beginning of the term for which the candidate was elected. The

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vacancy shall be filled in the same manner as if the candidate had died aftertaking office for that term.

SEC. 28. Section 8805 of the Elections Code is amended to read:8805. (a) Whenever a candidate for nomination for a nonpartisan office

at a primary election dies on or before the day of the election, and a sufficientnumber of ballots are marked as being voted for him or her to entitle himor her to nomination if he or she had lived until after the election, a vacancyexists on the general election ballot, which shall be filled in the mannerprovided in Section 8807 for filling a vacancy caused by the death of acandidate.

(b) Whenever a candidate for nomination for a voter-nominated officeat a primary election dies on or before the day of the election, and a sufficientnumber of ballots are marked as being voted for him or her to entitle himor her to nomination if he or she had lived until after the election, the nameof the deceased candidate shall appear on the general election ballot and thegeneral election shall proceed in accordance with subdivision (b) of Section8803.

SEC. 29. Section 8807 of the Elections Code is amended to read:8807. If the vacancy occurs among candidates chosen at the direct

primary to go on the ballot for the succeeding general election for anonpartisan office, the name of that candidate receiving at the primaryelection the next highest number of votes shall appear on the ballot to fillthe vacancy.

SEC. 30. 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 stateballot pamphlet a written explanation of the election procedure for suchoffices. The explanation shall read substantially similar to the following:

PARTY-NOMINATED/PARTISAN OFFICESUnder the California Constitution, political parties may formally nominate

candidates for party-nominated/partisan offices at the primary election. Acandidate so nominated will then represent that party as its official candidatefor the office in question at the ensuing general election and the ballot willreflect an official designation to that effect. The top votegetter for each partyat the primary election is entitled to participate in the general election. Partiesalso elect officers of official party committees at a partisan primary.

No voter may vote in the primary election of any political party otherthan the party he or she has disclosed a preference for upon registering tovote. However, a political party may authorize a person who has declinedto disclose a party preference to vote in that party’s primary election.

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

VOTER-NOMINATED OFFICESUnder the California Constitution, political parties are not entitled to

formally nominate candidates for voter-nominated offices at the primary

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election. A candidate nominated for a voter-nominated office at the primaryelection is the nominee of the people and not the official nominee of anyparty at the following general election. A candidate for nomination orelection to a voter-nominated office shall have his or her party preference,or lack of party preference, reflected on the primary and general electionballot, but the party preference designation is selected solely by the candidateand is shown for the information of the voters only. It does not constituteor imply an endorsement of the candidate by the party designated, oraffiliation between the party and candidate, and no candidate nominated bythe qualified voters for any voter-nominated office shall be deemed to bethe officially nominated candidate of any political party. The parties maylist the candidates for voter-nominated offices who have received the officialendorsement 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 at the primary election advance to the generalelection for the voter-nominated office, even if both candidates havespecified the same party preference designation. No party is entitled to havea candidate with its party preference designation participate in the generalelection unless such candidate is one of the two highest votegetters at theprimary 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 Stateshall include in the state ballot pamphlet a written explanation of the electionprocedure for such offices. The explanation shall read substantially similarto the following:

NONPARTISAN OFFICESUnder the California Constitution, political parties are not entitled to

nominate candidates for nonpartisan offices at the primary election, and acandidate nominated for a nonpartisan office at the primary election is notthe official nominee of any party for the office in question at the ensuinggeneral election. A candidate for nomination or election to a nonpartisanoffice may NOT designate his or her party preference, or lack of partypreference, on the primary and general election ballot. The top twovotegetters at the primary election advance to the general election for thenonpartisan office.

(d) Posters or other printed materials containing the notices specified insubdivisions (a) to (c), inclusive, shall be included in the precinct suppliespursuant to Section 14105.

SEC. 31. Section 9084.5 of the Elections Code is repealed.SEC. 32. Section 10704 of the Elections Code is amended to read:10704. (a) Except as provided in subdivision (b), a special primary

election shall be held in the district in which the vacancy occurred on theeighth Tuesday or, if the eighth Tuesday is the day of or the day followinga state holiday, the ninth Tuesday preceding the day of the special generalelection at which the vacancy is to be filled. Candidates at the primaryelection shall be nominated in the manner set forth in Chapter 1

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(commencing with Section 8000) of Part 1 of Division 8, except thatnomination papers shall not be circulated more than 63 days before theprimary election, shall be left with the county elections official forexamination not less than 43 days before the primary election, and shall befiled with the Secretary of State not less than 39 days before the primaryelection.

(b) A special primary election shall be held in the district in which thevacancy occurred on the ninth Tuesday preceding the day of the specialgeneral election at which the vacancy is to be filled if both of the followingconditions apply:

(1) The ninth Tuesday preceding the day of the special general electionis an established election date pursuant to Section 1000.

(2) A statewide or local election occurring wholly or partially within thesame territory in which the vacancy exists is scheduled for the ninth Tuesdaypreceding the day of the special general election.

(c) Notwithstanding Section 3001, applications for vote by mail voterballots may be submitted not more than 25 days before the primary election,except that Section 3001 shall apply if the special election or special primaryelection is consolidated with a statewide election. Applications received bythe elections official prior to the 25th day shall not be returned to the sender,but shall be held by the elections official and processed by him or herfollowing the 25th day prior to the election in the same manner as if receivedat that time.

(d) The sample ballot for a special election shall contain a writtenexplanation of the election procedure for voter-nominated office as specifiedin subdivision (b) of Section 9083.5. Immediately after the explanation shallbe printed the following: “If one candidate receives more than 50% of thevotes cast at the special primary election, he or she will be elected to fillthe vacancy and no special general election will be held.”

(e) On the ballot for a special election, immediately below the instructionsto voters, there shall be a box not less than one-half inch high enclosed bya heavy-ruled line the same as the borderline. This box shall be as long asthere are columns for the ballot and shall be set directly above these columns.Within the box shall be printed the words “Voter-Nominated Office.”Immediately below that phrase within the same box shall be printed thefollowing:

“All voters, regardless of the party preference they disclosed uponregistration, or refusal to disclose a party preference, may vote for anycandidate for a voter-nominated office. The party preference, if any,designated by a candidate is selected by the candidate and is shown for theinformation of the voters only. It does not imply that the candidate isnominated or endorsed by the party or that the party approves of thecandidate.”

SEC. 33. Section 10706 of the Elections Code is amended to read:10706. If no candidate receives a majority of votes cast, the names of

the candidates who receive the highest or second highest number of votescast at the special primary election shall be placed on the special general

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election ballot. In the case of a tie vote, subdivision (b) of Section 8142shall apply.

SEC. 34. Section 12108 of the Elections Code is amended to read:12108. In a case in which this chapter requires the posting or distribution

of a list of the names of precinct board members, or a portion of the list, theofficers charged with the duty of posting shall ascertain the name of thepolitical party, if any, for which each precinct board member has expresseda preference, as shown in the affidavit of registration of that person. Whenthe list is posted or distributed, there shall be printed the name of the boardmember’s party preference or an abbreviation of the name to the right ofthe name, or immediately below the name, of each precinct board member.If a precinct board member has not expressed a preference for a politicalparty, the word “None” shall be printed in place of the party name.

SEC. 35. Section 13105 of the Elections Code is amended to read:13105. (a) In the case of a candidate for a voter-nominated office in a

primary election, a general election, or a special election to fill a vacancyin the office of United States Senator, Member of the United States Houseof Representatives, State Senator, or Member of the Assembly, immediatelyto the right of and on the same line as the name of the candidate, orimmediately below the name if there is not sufficient space to the right ofthe name, there shall be identified, as specified by the Secretary of State,the designation made by the candidate pursuant to Section 8002.5. Theidentification shall be in substantially the following form:

(1) In the case of a candidate who designated a political party preferencepursuant to Section 8002.5, “Party Preference: ______.”

(2) In the case of a candidate who did not state a preference for a politicalparty pursuant to Section 8002.5, “Party Preference: None.”

(b) In the case of candidates for President and Vice President, the nameof the party shall appear to the right of and equidistant from the pair ofnames of these candidates and on the same line as the name of the candidatefor President, or immediately below the name of the vice presidentialcandidate if there is not sufficient space to the right of the name.

(c) If for a general election any candidate for President of the UnitedStates or Vice President of the United States has received the nominationof any additional party or parties, the name(s) shall be printed to the rightof the name of the candidate’s own party. Party names of a candidate shallbe separated by commas. If a candidate has qualified for the ballot by virtueof an independent nomination, the word “Independent” shall be printedinstead of the name of a political party in accordance with the above rules.

SEC. 36. Section 13107 of the Elections Code is amended to read:13107. (a) With the exception of candidates for Justice of the State

Supreme Court or Court of Appeal, immediately under the name of eachcandidate, and not separated from the name by any line, unless thedesignation made by the candidate pursuant to Section 8002.5 must be listedimmediately below the name of the candidate pursuant to Section 13105,and in that case immediately under the designation, may appear at the optionof the candidate only one of the following designations:

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(1) Words designating the elective city, county, district, state, or federaloffice which the candidate holds at the time of filing the nominationdocuments to which he or she was elected by vote of the people, or to whichhe or she was appointed, in the case of a superior court judge.

(2) The word “incumbent” if the candidate is a candidate for the sameoffice which he or she holds at the time of filing the nomination papers, andwas elected to that office by a vote of the people, or, in the case of a superiorcourt judge, was appointed to that office.

(3) No more than three words designating either the current principalprofessions, vocations, or occupations of the candidate, or the principalprofessions, vocations, or occupations of the candidate during the calendaryear immediately preceding the filing of nomination documents. Forpurposes of this section, all California geographical names shall beconsidered to be one word. Hyphenated words that appear in any generallyavailable standard reference dictionary, published in the United States atany time within the 10 calendar years immediately preceding the electionfor which the words are counted, shall be considered as one word. Each partof all other hyphenated words shall be counted as a separate word.

(4) The phrase “appointed incumbent” if the candidate holds an officeother than a judicial office by virtue of appointment, and the candidate is acandidate for election to the same office, or, if the candidate is a candidatefor election to the same office or to some other office, the word “appointed”and the title of the office. In either instance, the candidate may not use theunmodified word “incumbent” or any words designating the officeunmodified by the word “appointed.” However, the phrase “appointedincumbent” shall not be required of a candidate who seeks reelection to anoffice which he or she holds and to which he or she was appointed, as anominated candidate, in lieu of an election, pursuant to Sections 5326 and5328 of the Education Code or Section 7228, 7423, 7673, 10229, or 10515of this code.

(b) Neither the Secretary of State nor any other elections official shallaccept a designation of which any of the following would be true:

(1) It would mislead the voter.(2) It would suggest an evaluation of a candidate, such as outstanding,

leading, expert, virtuous, or eminent.(3) It abbreviates the word “retired” or places it following any word or

words which it modifies.(4) It uses a word or prefix, such as “former” or “ex-,” which means a

prior status. The only exception is the use of the word “retired.”(5) It uses the name of any political party, whether or not it has qualified

for the ballot.(6) It uses a word or words referring to a racial, religious, or ethnic group.(7) It refers to any activity prohibited by law.(c) If, upon checking the nomination documents and the ballot designation

worksheet described in Section 13107.3, the elections official finds thedesignation to be in violation of any of the restrictions set forth in thissection, the elections official shall notify the candidate by registered or

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certified mail return receipt requested, addressed to the mailing addressprovided on the candidate’s ballot designation worksheet.

(1) The candidate shall, within three days, excluding Saturday, Sunday,and state holidays, from the date he or she receives notice by registered orcertified mail, or from the date the candidate receives actual notice of theviolation, whichever occurs first, appear before the elections official or, inthe case of the Secretary of State, notify the Secretary of State by telephone,and provide a designation that complies with subdivision (a).

(2) In the event the candidate fails to provide a designation that complieswith subdivision (a) within the three-day period specified in paragraph (1),no designation shall appear after the candidate’s name.

(d) No designation given by a candidate shall be changed by the candidateafter the final date for filing nomination documents, except as specificallyrequested by the elections official as specified in subdivision (c) or asprovided in subdivision (e). The elections official shall maintain a copy ofthe ballot designation worksheet for each candidate that appears on theballot in the county for the same period of time as applied to nominationdocuments pursuant to Section 17100.

(e) The designation shall remain the same for all purposes of both primaryand general elections, unless the candidate, at least 98 days prior to thegeneral election, requests in writing a different designation which thecandidate is entitled to use at the time of the request.

(f) In all cases, the words so used shall be printed in 8-point romanuppercase and lowercase type except that, if the designation selected is solong that it would conflict with the space requirements of Sections 13207and 13211, the elections official shall use a type size for the designation foreach candidate for that office sufficiently smaller to meet these requirements.

(g) Whenever a foreign language translation of a candidate’s designationis required under the Voting Rights Act of 1965 (42 U.S.C. Sec. 1971), asamended, to appear on the ballot in addition to the English language version,it shall be as short as possible, as consistent as is practicable with this section,and shall employ abbreviations and initials wherever possible in order toavoid undue length.

SEC. 37. 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 not lessthan one-half inch high enclosed by a heavy-ruled line the same as theborderline. This box shall be as long as there are columns for the partisanballot and shall be set directly above these columns. Within the box shallbe printed the words “Party-Nominated Offices.” Immediately below thatphrase within the same box shall be printed the following: “Only voterswho disclosed a preference upon registering to vote for the same party asthe candidate seeking the nomination of any party for the Presidency orelection to a party committee may vote for that candidate at the primaryelection, unless the party has adopted a rule to permit non-party voters tovote in its primary elections.”

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(b) The same style of box described in subdivision (a) shall also appearover the columns of the nonpartisan part of the ballot and within the box inthe same style and point size of type shall be printed “Voter-Nominated andNonpartisan Offices.” Immediately below that phrase within the same boxshall be printed the following:

“All voters, regardless of the party preference they disclosed uponregistration, or refusal to disclose a party preference, may vote for anycandidate for a voter-nominated or nonpartisan office. The party preference,if any, designated by a candidate for a voter-nominated office is selectedby the candidate and is shown for the information of the voters only. It doesnot imply that the candidate is nominated or endorsed by the party or thatthe party approves of the candidate. The party preference, if any, of acandidate for a nonpartisan office does not appear on the ballot.”

SEC. 38. Section 13206.5 is added to the Elections Code, 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 theinstructions to voters, there shall be a box not less than one-half inch highenclosed by a heavy-ruled line the same as the borderline. This box shallbe as long as there are columns for the ballot and shall be set directly abovethese columns. Within the box shall be printed the words “Party-NominatedOffices.” Immediately below that phrase within the same box shall be printedthe following: “The party label accompanying the name of a candidate forparty-nominated office on the general election ballot means that the candidateis the official nominee of the party shown.”

(2) On the ballot used in a statewide general election in each year evenlydivisible by the number four, following the portion of the ballot forparty-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 shallbe printed “Voter-Nominated and Nonpartisan Offices.” Immediately belowthat phrase within the same box shall be printed the following: “All voters,regardless of the party preference they disclosed upon registration, or refusalto disclose a party preference, may vote for any candidate for avoter-nominated or nonpartisan office. The party preference, if any,designated by a candidate for a voter-nominated office is selected by thecandidate and is shown for the information of the voters only. It does notimply that the candidate is nominated or endorsed by the party or that theparty approves of the candidate. The party preference, if any, of a candidatefor a nonpartisan office does not appear on the ballot.”

(b) On the ballot used in a statewide general election in eacheven-numbered year that is not evenly divisible by the number four,immediately below the instructions to voters, there shall be a box not lessthan one-half inch high enclosed by a heavy-ruled line the same as theborderline. This box shall be as long as there are columns for the ballot andshall be set directly above these columns. Within the box shall be printedthe words “Voter-Nominated and Nonpartisan Offices.” Immediately belowthat phrase within the same box shall be printed the following: “All voters,regardless of the party preference they disclosed upon registration, or refusal

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to disclose a party preference, may vote for any candidate for avoter-nominated or nonpartisan office. The party preference, if any,designated by a candidate for a voter-nominated office is selected by thecandidate and is shown for the information of the voters only. It does notimply that the candidate is nominated or endorsed by the party or that theparty approves of the candidate. The party preference, if any, of a candidatefor a nonpartisan office does not appear on the ballot.”

SEC. 39. Section 13207 of the Elections Code is amended to read:13207. (a) There shall be printed on the ballot in parallel columns all

of the following:(1) The respective offices.(2) The names of candidates with sufficient blank spaces to allow the

voters to write in names not printed on the ballot, except that no spaces shallbe printed for voter-nominated offices at a general election.

(3) Whatever measures have been submitted to the voters.(b) In the case of a ballot which is intended for use in a party primary

and which carries partisan offices, voter-nominated offices, and nonpartisanoffices, a vertical solid black line shall divide the columns containing partisanoffices, on the left, from the columns containing nonpartisan offices andvoter-nominated offices, on the right.

(c) The standard width of columns containing partisan offices, nonpartisanoffices, and voter-nominated offices, shall be three inches except that anelections official may vary the width of these columns by up to three-tenthsof an inch. The column containing presidential and vice presidentialcandidates may be as wide as four inches.

(d) A measure that is to be submitted to the voters shall be printed in oneor more parallel columns to the right of the columns containing the namesof candidates and shall be of sufficient width to contain the title and summaryof the measure. To the right of the title and summary shall be printed, onseparate lines, the words “Yes” and “No.”

SEC. 40. Section 13212 of the Elections Code is amended to read:13212. Except for a voter-nominated office at a general election, under

the designation of each office shall be printed as many blank spaces, definedby light lines or rules at least three-eighths of an inch apart but no morethan one-half inch apart, as there are candidates to be nominated or electedto the office.

SEC. 41. Section 13230 of the Elections Code is amended to read:13230. (a) If the county elections official determines that, due to the

number of candidates and measures that must be printed on the ballot, theballot will be larger than may be conveniently handled, the county electionsofficial may provide that a nonpartisan ballot shall be given to each partisanvoter, together with his or her partisan ballot, and that the material appearingunder the heading “Voter-Nominated and Nonpartisan Offices” on partisanballots, as well as the heading itself, shall be omitted from the partisanballots.

(b) If the county elections official so provides, the procedure prescribedfor the handling and canvassing of ballots shall be modified to the extent

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necessary to permit the use of two ballots by partisan voters. The countyelections official may, in this case, order the second ballot to be printed onpaper of a different tint, and assign to those ballots numbers higher thanthose assigned to the ballots containing partisan offices.

(c) “Partisan voters,” for purposes of this section, includes both personswho have disclosed a party preference pursuant to Section 2151 or 2152and persons who have declined to disclose a party preference, but who havechosen to vote the ballot of a political party as authorized by that party’srules duly noticed to the Secretary of State.

SEC. 42. Section 13300 of the Elections Code is amended to read:13300. (a) By at least 29 days before the partisan primary, each county

elections official shall prepare a separate sample ballot for each politicalparty and a separate sample nonpartisan ballot. The county elections officialshall place on each ballot, as applicable, in the order provided in Chapter 2(commencing with Section 13100), and under the appropriate title of eachoffice, the names of all candidates for whom nomination papers have beenduly filed with him or her, or have been certified to him or her by theSecretary of State, to be voted for in his or her county at the partisan primaryelection.

(b) The sample ballots shall be identical to the official ballots, except asotherwise provided by law. The sample ballots shall be printed on paper ofa different texture from the paper to be used for the official ballot.

(c) One sample ballot of the party for which the voter has disclosed apreference, as evidenced by his or her registration, shall be mailed not morethan 40 nor fewer than 10 days before the election to each voter entitled tovote at the primary who registered at least 29 days prior to the election. Anonpartisan sample ballot shall be so mailed to each voter who is notregistered as preferring any of the parties participating in the primaryelection, provided that on election day the voter may, upon request, votethe ballot of a political party if authorized by the party’s rules, duly noticedto the Secretary of State.

SEC. 43. Section 13302 of the Elections Code is amended to read:13302. (a) The county elections official shall forthwith submit the

sample ballot of each political party to the chairperson of the county centralcommittee of that party, and shall mail a copy to each candidate for whomnomination papers have been filed in his or her office or whose name hasbeen certified to him or her by the Secretary of State, to the post officeaddress given in the nomination paper or certification. The county electionsofficial shall post a copy of each sample ballot in a conspicuous place inhis or her office.

(b) In connection with an election at which a candidate for avoter-nominated office will appear on the ballot, a qualified political partymay submit to the county elections official a list of all candidates forvoter-nominated office who will appear on a ballot in the county in question,and who have been endorsed by the party by whatever lawful mechanismthe party adopts for endorsing candidates for voter-nominated office. If apolitical party timely submits a list to the county elections official pursuant

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to this subdivision, the county elections official shall print the names of thecandidates for voter-nominated office who were endorsed by that politicalparty in the voter information portion of the sample ballot. The partychairperson shall provide a written copy of the list of candidates endorsedby the party not later than 83 days prior to the election at which the candidatefor a voter-nominated office will appear on the ballot.

SEC. 44. Section 15340 of the Elections Code is amended to read:15340. Except for a voter-nominated office at a general election, each

voter is entitled to write on the ballot the name of any candidate for anypublic office, including that of President and Vice President of the UnitedStates.

SEC. 45. Section 15402 of the Elections Code is amended to read:15402. (a) Whenever a candidate whose name appears upon the ballot

at any election for an office other than a voter-nominated office dies afterthe 68th day before the election, the votes cast for the deceased candidateshall be counted in determining the results of the election for the office forwhich the decedent was a candidate. If the deceased candidate receives amajority of the votes cast for the office, he or she shall be considered electedand the office to which he or she was elected shall be vacant at the beginningof the term for which he or she was elected. The vacancy thus created shallbe filled in the same manner as if the candidate had died subsequent totaking office for that term.

(b) Whenever a candidate whose name appears on the ballot at anyelection for a voter-nominated office dies, the votes cast for the deceasedcandidate shall be counted in determining the results of the election for theoffice for which the decedent was a candidate. If the deceased candidatereceives a majority of the votes cast for the office at the general election,he or she shall be considered elected and the office to which he or she waselected shall be vacant at the beginning of the term for which he or she waselected. The vacancy thus created shall be filled in the same manner as ifthe candidate had died subsequent to taking office for that term.

SEC. 46. Section 19301 of the Elections Code is amended to read:19301. (a) A voting machine shall provide in the general election for

grouping under the name of the office to be voted on, all the candidates forthe office with the designation of the parties, if any, by which they wererespectively nominated or which they designated pursuant to Section 8002.5.

(b) With respect to a party-nominated office, the designation may be byusual or reasonable abbreviation of party names. With respect to avoter-nominated office, the voting machine shall conform to the formatspecified in subdivision (a) of Section 13105.

SEC. 47. Section 85312 of the Government Code is amended to read:85312. For purposes of this title, payments for communications to

members, employees, shareholders, or families of members, employees, orshareholders of an organization for the purpose of supporting or opposinga candidate or a ballot measure are not contributions or expenditures,provided those payments are not made for general public advertising suchas broadcasting, billboards, and newspaper advertisements. However,

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payments made by a political party for communications to a member whois registered as expressing a preference for that party on his or her affidavitof registration pursuant to Sections 2150, 2151, and 2152 of the ElectionsCode that would otherwise qualify as contributions or expenditures shallbe reported in accordance with Article 2 (commencing with Section 84200)of Chapter 4, and Chapter 4.6 (commencing with Section 84600), of thistitle.

SEC. 48. Section 85703 of the Government Code is amended to read:85703. (a) Nothing in this act shall nullify contribution limitations or

prohibitions of any local jurisdiction that apply to elections for local electiveoffice, except that these limitations and prohibitions may not conflict withthe provisions of Section 85312.

(b) Limitations and prohibitions imposed by a local jurisdiction onpayments for a member communication, as defined in subdivision (c), thatconflict with Section 85312 and which are thereby prohibited by subdivision(a) include, but are not limited to, any of the following:

(1) Source restrictions on payments for member communications thatare not expressly made applicable to member communications by a statestatute or by a regulation adopted by the commission pursuant to Section83112.

(2) Limitations on payments to a political party committee for a membercommunication that are not expressly made applicable to membercommunications by a state statute or by a regulation adopted by thecommission pursuant to Section 83112.

(3) Limitations on the scope of payments considered directly related tothe making of a member communication, including costs associated withthe formulation, design, production, and distribution of the communicationsuch as surveys, list acquisition, and consulting fees that are not expresslymade applicable to member communications by a state statute or by aregulation adopted by the commission pursuant to Section 83112.

(c) For purposes of this section, “member communication” means acommunication, within the meaning of Section 85312, to members,employees, shareholders, or families of members, employees, or shareholdersof an organization, including a communication by a political party to amember who is registered as expressing a preference for that party on hisor her affidavit of registration pursuant to Sections 2150, 2151, and 2152of the Elections Code.

SEC. 49. This act shall be interpreted so as to be consistent with allfederal and state laws, rules, and regulations. This act shall be broadlyconstrued to achieve its purposes. It is the intent of the Legislature that theprovisions of this act be interpreted and implemented in a manner thatfacilitates the purposes set forth in this act.

SEC. 50. If any provision of this act, or part thereof, is for any reasonheld to be invalid or unconstitutional, the remaining provisions shall not beaffected, but shall remain in full force and effect, and to this end theprovisions of this act are severable. The Legislature declares that this act,and each section, subdivision, sentence, clause, phrase, part, or portion

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thereof, would have been passed irrespective of the fact that any one ormore sections, subdivisions, sentences, clauses, phrases, parts, or portionsare found to be invalid. If any provision of this act is held invalid as appliedto any person or circumstance, such invalidity does not affect any applicationof this act that can be given effect without the invalid application.

SEC. 51. The Legislature finds and declares that this bill furthers thepurposes of the Political Reform Act of 1974 within the meaning ofsubdivision (a) of Section 81012 of the Government Code.

SEC. 52. This act is an urgency statute necessary for the immediatepreservation of the public peace, health, or safety within the meaning ofArticle IV of the Constitution and shall go into immediate effect. The factsconstituting the necessity are:

In order to provide for the effective and efficient conduct of the June 5,2012, statewide primary election, it is necessary that this act take effectimmediately.

O

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EXHIBIT 3


BILL ANALYSIS

------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 1413|

|Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | |

|327-4478 | | ------------------------------------------------------------

THIRD READING

Bill No: AB 1413

Author: Fong (D) Amended: 1/5/12 in Senate Vote: 27 - Urgency

SENATE ELECTIONS & CONST. AMEND. COMM. : 5-0, 1/10/12

AYES: Correa, La Malfa, De León, Gaines, Lieu

ASSEMBLY FLOOR : Not relevant

SUBJECT : Elections: Top Two Primary

SOURCE : Author

DIGEST : This bill amends provisions of SB 6 (Maldonado), Chapter 1, Statutes of 2009, which implemented the top two

primary system by (1) providing flexibility to counties in the placement on the ballot of the party affiliation of presidential candidates, (2) eliminating certain type-size

and typeface requirements for instructions that must be printed on the ballot, and (3) clarifying and shortening

the instructions that appear on the ballot. It also provides that space for write-in candidates will not be printed on the ballot for voter-nominated offices at the

general election and makes changes in the law concerning the death of a candidate.

AB 1413 Assembly Bill - Bill Analysis http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_1401-1450/ab_1413_c...

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ANALYSIS :

Existing law: CONTINUED

AB 1413

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1. Requires that primary elections for Congress and for state elective office, other than Superintendent of

Public Instruction (SPI), be conducted in a manner such that every voter, regardless of party affiliation, may vote for any candidate for that office without regard to

the political party of the candidate, provided that the voter is otherwise eligible to vote for that office.

2. Provides that the two candidates that receive the highest number of votes at a primary election for Congress or for state elective office other than SPI,

regardless of political affiliation, move on to the general election.

3. Allows any candidate for congressional or state elective office, except a candidate for SPI, to choose to have his/her political party preference, or lack of party

preference, indicated on the ballot.

4. Permits a voter to declare a party preference when

he/she registers to vote. Requires that the option for a voter to choose "No Party Preference" be placed at the beginning of the listing of qualified political parties

on the voter registration card.

5. Defines the term "voter-nominated office" to include all congressional and state elective offices, except for SPI.

6. Prohibits write-in votes from being counted at the general election for a voter-nominated office.

This bill makes numerous substantive and technical changes to state election law to implement the top two primary

election system. Specifically, this bill provides for all of the following:


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1. Conforms the procedure for presidential electors to be chosen by the Democratic Party to the top two primary

system, by providing that the Democratic candidate who receives the most votes in the primary election for Congress and for United States Senate each choose a

presidential elector, rather than having the Democratic

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AB 1413 Page 3

nominees for Congress and U.S. Senate choosing presidential electors.

2. Requires that the option for a voter to decline to state a party affiliation be placed at the end of the listing

of qualified political parties on the voter registration card. Permits the Secretary of State to continue to supply existing voter registration cards prior to

printing new or revised forms that reflect this change.

3. Permits candidate filing to reopen if any candidate for

voter-nominated office dies between the deadline for filing for office and the 83rd day prior to the election, instead of allowing candidate filing to reopen

only in the circumstance where there is only one candidate who has filed, and that candidate dies. Repeals obsolete language regarding filing reopening for

partisan nomination at the primary election.

4. Modifies the format of the declaration of candidacy and

nomination papers to conform to the top two primary system. Requires a candidate for voter-nominated office

to include a certification of his/her partisan affiliation history for the previous 10 years on the nomination papers that he/she files.

5. Provides that if a candidate for voter-nominated office dies prior to the primary election, and that candidate

receives a sufficient number of votes to entitle him/her to appear on the ballot at the general election if he/she had lived until after the election, the name of

that deceased candidate shall appear on the ballot at the general election.


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6. Provides that if a candidate for voter-nominated office who is entitled to appear on the general election ballot

dies, the name of that candidate nonetheless shall appear on the general election ballot.

7. Provides that if a candidate for voter-nominated office who is deceased receives a majority of votes cast for the office at the general election, a vacancy shall

exist in the office to which he/she was elected. Provides that this vacancy shall be filled in the same

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AB 1413 Page

4

manner as if the candidate had died subsequent to taking

office.

8. Requires an explanation of the electoral procedure for

voter-nominated office to be included in the voter information portion of the sample ballot at any special election held to fill a vacancy in the Legislature or in

Congress.

9. Modifies the manner in which the party preference

designation for a candidate for voter-nominated office will appear on the ballot, pursuant to the following:

Provides that if the candidate has a political party preference the preference shall appear in the following manner: "Party Preference: _______ (name

of the qualified political party as disclosed upon the candidate's affidavit of registration)."

Provides that if the candidate has declined to disclose a political party preference on his or her

affidavit of registration, the designation shall appear in the following manner: "Party Preference: None."

10.Provides that spaces for write-in candidates will not be printed on the ballot for voter-nominated offices at the

general election.

Background


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I. Top Two Primary and Ballot Formatting Issues . In

February 2009, the Legislature approved SCA 4 (Maldonado), Resolution Chapter 2, Statutes of 2009, which was enacted by the voters as Proposition 14 on the

June 2010 Statewide Primary Election Ballot. Proposition 14 implemented a "top two" primary election system in California for most elective state and federal

offices. At primary elections, voters are able to vote for any candidate, regardless of party, and the two

candidates who receive the most votes, regardless of party, advance to the general election. At the same time that it passed SCA 4, the Legislature also approved

and the Governor signed SB 6 (Maldonado), Chapter 1,

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AB 1413

Page 5

Statutes of 2009. SB 6 made various changes to state statute that became effective upon the approval of Proposition 14 by the voters. While many of the changes

to state law made by SB 6 were merely conforming changes to provide for a "top two" primary system, some of the changes were more substantive. For instance, for

offices that are subject to the top two primary, SB 6 prohibited write-in votes from being counted at the November general election and required independent

candidates to appear on the ballot at the primary election (under the law prior to the adoption of SB 6, independent candidates only appeared on the ballot at

the general election). Additionally, SB 6 required the state voter registration form to be redesigned and

required certain new information to be printed on the ballot at elections for state and federal office. In March 2010, the Assembly Elections and Redistricting

Committee held an oversight hearing on the impacts of the top two primary election system and SB 6 on election costs and administration. Among other testimony, the

committee heard from elections officials who indicated that certain aspects of SB 6 could significantly increase the length of ballots at primary elections,

thus increasing election costs. Specifically, elections officials expressed concern with the format in which a candidate's party preference was to appear on the


5 of 10 2/11/2012 7:37 PM


ballot, with the length of language that will be printed on the ballot to explain the top two primary process,

and with certain type size and typeface requirements for language that must be included on the ballot.

This bill makes various modifications to the language that will appear on the ballot to address these formatting concerns. This bill shortens the format in which a

candidate's party preference is displayed on the ballot, shortens and clarifies the ballot instructions that

appear on the ballot, and eliminates certain type size and typeface requirements to give county election officials greater flexibility to format their ballots.

These changes should help address some of the concerns raised by elections officials.

II. Death of a Candidate . Under the provisions of SB 6, if a candidate for voter-nominated office at the general

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AB 1413 Page 6

election dies, depending on when that candidate dies, he or she may be replaced on the ballot by the next highest

vote-getter from the primary election. This could lead to some unusual, and potentially undesirable, situations. For instance, in a district where voters

strongly prefer one political party, if that party's only candidate dies, he or she could be replaced on the ballot by a candidate from a different political party.

This, combined with the fact that write-in votes are prohibited at the general election for voter nominated

offices, could result in voters being left to choose between two candidates who are unrepresentative of the policy preferences of the vast majority of voters in the

district. Similarly, if a number of candidates chose not to run for an office because a popular incumbent was running for re-election, and that incumbent subsequently

died, voters could be forced to choose from a pool of lesser-qualified candidates. In fact, state law already recognizes the potential for such a situation in races

for non-partisan office, and provides a mechanism to protect against this type of situation. In certain circumstances, when an incumbent candidate for


6 of 10 2/11/2012 7:37 PM


non-partisan office dies before the election, state law provides for the election to be canceled and a special

election to be held at a future date.

This bill provides that when a candidate for voter

nominated office dies, the name of that candidate will nonetheless remain on the ballot. If the deceased candidate is one of the top two vote getters at the

primary election, the name of that deceased candidate will also appear on the ballot at the general election.

If the deceased candidate prevails at a general election, there will be a vacancy in the office that is filled in the same manner as if the vacancy had occurred

after the candidate had taken office.

III. Write-In Candidates . One of the provisions of SB 6

prohibited write-in votes from being counted at a general election for a voter-nominated office. Other provisions of law that require that write-in spaces

appear on the ballot, however, were unaffected. This could create confusion, and could mislead voters into thinking that write-in votes for candidates for

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AB 1413 Page

7

voter-nominated office at a general election will be

counted.

This bill eliminates write-in spaces on the ballot for

voter-nominated offices at the general election in order to avoid this confusion consistent with the California

First Court of Appeals decision on September 19, 2011 in Field v. Bowen .

Comments

According to the author's office, in 2009, as part of a

budget deal, a measure was placed on the ballot for the voters to consider authorizing a "top two" primary election system. At the same time that measure was approved, the

Legislature also approved a series of changes to the Elections Code to implement a top two primary election system. Unfortunately, due to the nature in which those


7 of 10 2/11/2012 7:37 PM


statutory changes were adopted, they created a number of problems for the effective and efficient operation of

elections. Last session, the Assembly Elections and Redistricting Committee held an oversight hearing to hear from elections officials about some of the problems with

those statutory changes. Among other problems, county elections officials testified that certain ballot printing requirements created an unnecessary burden, and could

significantly increase election costs. Since that time, state and county elections officials have been working

diligently to develop fixes that will help implement the top two primary system in a more effective manner. This bill reflects much of that work, and makes a number of

technical and substantive changes to assist elections officials in carrying out their responsibilities. In addition, this bill addresses a few other substantive and

technical issues with the implementation of the top two primary election system.

FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No

SUPPORT : (Verified 1/17/11)

California Association of Clerks and Election Officials

Legislative Committee

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AB 1413

Page 8

Californians to Defend an Open Primary (however, in their letter they indicate that they are opposed to the

provision deleting the law allowing candidates unassociated with major parties to be silent or unidentified on ballot with regard to party preference)

Secretary of State

OPPOSITION : (Verified 1/17/11)

Asian American Action Fund Coalition for Free and Open Elections

ARGUMENTS IN SUPPORT : The California Association of Clerks and Elections Legislative Committee states: "AB


8 of 10 2/11/2012 7:37 PM


1413 focuses on critical challenges associated with the implementation language for Proposition 14 provided in

Senate Bill 6 (SB 6, Chapter 1, 2009). Mandates in SB 6 require additional text and formatting associated with listing of candidates that, unless amended, will stress -

and in some cases exceed - the capability of certain voting systems currently used in California. AB 1413 reduces the risk of exceeding system capacity and provides necessary

technical changes to allow for a more practical implementation of the new Top Two Primary election system.

California election officials are tasked with implementing newly adopted policies, educating voters and poll workers, and providing quality election services. Adoption of the

significant technical amendments listed in AB 1413 addresses the limitations of California's existing voting systems and will result in a more efficient implementation

of Propositon1 4 and assist in maintaining the integrity and transparency of California's elections."

Californians to Defend an Open Primary state: "During the Interim, we participated in a series of meetings and conversations regarding AB 1413 with interested parties,

including the Secretary of State and local election officials. Progress has been made. Provisions harmful to Proposition 14 that would have generated additional

litigation have been removed. Although, we do not endorse every provisions of AB 1413 ?, on balance, the bill will promote a fair and efficient election in June, 2012 and

thereafter. We object to AB 1413's deletion of existing provisions of law that allow candidates unassociated with

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AB 1413 Page

9

major parties to be silent (or unidentified) on ballots

with regard to party preference. We believe that candidates unassociated with qualified parties have the right to leave the ballot space reserved for party

preference blank. This was an issue in the recently-decided Field v. Bowen , 199 Cal. App. 4th 346 (2011), and in the early proceedings of a parallel federal

action, Chamness v. Bowen , Case No. 11-cv-01479-ODW (C.D. Cal.). AB 1413 may precipitate a similar lawsuit as candidates assert their constitutional right to 'silence'


9 of 10 2/11/2012 7:37 PM


on the issue of party preference."

ARGUMENTS IN OPPOSITION : The Asian American Action Fund states: "For over a century, write-in voting has provided Californians with an important safety valve. If a

candidate suddenly withdraws, becomes incapacitated or is charged with a crime, it is often too late to remove his or her name from the ballot - depriving the voters of the

critical opportunity to vote for their second choice. Toward that end, write-in voting gives voters the ability

to choose the candidate of their choice. In November 2010, a write-in candidate (Lisa Murkowski) was elected to the U.S. Senate. Over the past century, California has elected

one write-in candidate for the U.S. Senate and two write-in candidates for the U.S. Congress. Significantly, even the State of Washington - which recently adopted the 'Top Two'

primary system - allows voters to cast write-in votes in the general election."

DLW:mw 1/23/12 Senate Floor Analyses

SUPPORT/OPPOSITION: SEE ABOVE

**** END ****

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10 of 10 2/11/2012 7:37 PM




EXHIBIT 4


HB0077a -1- HB 77 New Text Underlined [DELETED TEXT BRACKETED]

27-LS0095\D

HOUSE BILL NO. 77

IN THE LEGISLATURE OF THE STATE OF ALASKA

TWENTY-SEVENTH LEGISLATURE - FIRST SESSION BY REPRESENTATIVES GRUENBERG, CISSNA, AND KAWASAKI Introduced: 1/18/11 Referred: State Affairs, Judiciary

A BILL

FOR AN ACT ENTITLED "An Act establishing a top two nonpartisan blanket primary election system for elective 1

state executive and state and national legislative offices; changing appointment 2

procedures relating to precinct watchers and members of precinct election boards, 3

election district absentee and questioned ballot counting boards, and the Alaska Public 4

Offices Commission; requiring certain written notices to appear in election pamphlets 5

and polling places; relating to declarations of candidacy and letters of intent; and 6

amending the definition of 'political party.'" 7

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 8

* Section 1. AS 15.10.120(c) is amended to read: 9

(c) An election supervisor shall appoint one person selected by [NOMINEE 10

OF] the political party or political group with the largest number of registered 11

voters at the time of the preceding gubernatorial election [OF WHICH THE 12

GOVERNOR IS A MEMBER] and one person selected by [NOMINEE OF] the 13


27-LS0095\D

HB 77 -2- HB0077a New Text Underlined [DELETED TEXT BRACKETED]

political party or political group with [THAT RECEIVED] the second largest 1

number of registered voters at the time of [VOTES STATEWIDE IN] the preceding 2

gubernatorial election. However, the election supervisor may appoint a qualified 3

person registered as a member of a third political party or political group or as a 4

nonpartisan or undeclared voter if [IF] a party district committee or state party 5

central committee of the party or group with the largest number of registered 6

voters [OF WHICH THE GOVERNOR IS A MEMBER] or the party or group with 7

[THAT RECEIVED] the second largest number of registered voters at the time of 8

[VOTES STATEWIDE IN] the preceding gubernatorial election fails to present the 9

names prescribed by (b) of this section by April 15 of a regular election year or at least 10

60 days before a special primary election [, THE ELECTION SUPERVISOR MAY 11

APPOINT ANY QUALIFIED INDIVIDUAL REGISTERED TO VOTE]. 12

* Sec. 2. AS 15.10.170 is amended to read: 13

Sec. 15.10.170. Appointment and privileges of watchers. The precinct party 14

committee, where an organized precinct committee exists, or the party district 15

committee where no organized precinct committee exists, or the state party 16

chairperson where neither a precinct nor a party district committee exists, may appoint 17

one or more persons as watchers in each precinct and counting center for any election. 18

Each candidate [NOT REPRESENTING A POLITICAL PARTY] may appoint one or 19

more watchers for each precinct or counting center in the candidate's respective 20

district or the state for any election. Any organization or organized group that sponsors 21

or opposes an initiative, referendum or recall may have one or more persons as 22

watchers at the polls and counting centers after first obtaining authorization from the 23

director. A state party chairperson, a precinct party committee, a party district 24

committee, or a candidate [NOT REPRESENTING A POLITICAL PARTY OR 25

ORGANIZATION OR ORGANIZED GROUP] may not have more than one watcher 26

on duty at a time in any precinct or counting center. The watcher may be present at a 27

position inside the place of voting or counting that affords a full view of all action of 28

the election officials taken from the time the polls are opened until the ballots are 29

finally counted and the results certified by the election board or the data processing 30

review board. The election board or the data processing review board may require 31


27-LS0095\D


each watcher to present written proof showing appointment by the precinct party 1

committee, the party district committee, the organization or organized group, or the 2

candidate the watcher represents [THAT IS SIGNED BY THE CHAIRPERSON OF 3

THE PRECINCT PARTY COMMITTEE, THE PARTY DISTRICT COMMITTEE, 4

THE STATE PARTY CHAIRPERSON, THE ORGANIZATION OR ORGANIZED 5

GROUP, OR THE CANDIDATE REPRESENTING NO PARTY]. 6

* Sec. 3. AS 15.13.020(b) is amended to read: 7

(b) The governor shall appoint two members of each of the two political 8

parties or political groups with the largest number of registered voters at the time 9

of [WHOSE CANDIDATE FOR GOVERNOR RECEIVED THE HIGHEST 10

NUMBER OF VOTES IN] the most recent preceding general election at which a 11

governor was elected. The two appointees from each of these two parties or groups 12

shall be chosen from a list of four names to be submitted by the central committee of 13

each party or group. 14

* Sec. 4. AS 15.13.020(d) is amended to read: 15

(d) Members of the commission serve staggered terms of five years, or until a 16

successor is appointed and qualifies. The terms of no two members who are members 17

of the same political party or political group may expire in consecutive years. A 18

member may not serve more than one term. However, a person appointed to fill the 19

unexpired term of a predecessor may be appointed to a successive full five-year term. 20

* Sec. 5. AS 15.13.074(c) is amended to read: 21

(c) A person or group may not make a contribution 22

(1) to a candidate or an individual who files with the commission the 23

document necessary to permit that individual to incur certain election-related expenses 24

as authorized by AS 15.13.100 when the office is to be filled at a general election 25

before the date that is 18 months before the general election; 26

(2) to a candidate or an individual who files with the commission the 27

document necessary to permit that individual to incur certain election-related expenses 28

as authorized by AS 15.13.100 for an office that is to be filled at a special election or 29

municipal election before the date that is 18 months before the date of the regular 30

municipal election or that is before the date of the proclamation of the special election 31


27-LS0095\D


at which the candidate or individual seeks election to public office; or 1

(3) to any candidate later than the 45th day 2

(A) after the date of the primary or special primary election if 3

the candidate was not chosen to appear on the general or special election 4

ballot [NOMINATED] at the primary or special primary election; or 5

(B) after the date of the general or special election, or after the 6

date of a municipal or municipal runoff election. 7

* Sec. 6. AS 15.13.110(f) is amended to read: 8

(f) During the year in which the election is scheduled, each of the following 9

shall file the campaign disclosure reports in the manner and at the times required by 10

this section: 11

(1) a person who, under the regulations adopted by the commission to 12

implement AS 15.13.100, indicates an intention to become a candidate for elective 13

state executive or legislative office; 14

(2) [A PERSON WHO HAS FILED A NOMINATING PETITION 15

UNDER AS 15.25.140 - 15.25.200 TO BECOME A CANDIDATE AT THE 16

GENERAL ELECTION FOR ELECTIVE STATE EXECUTIVE OR LEGISLATIVE 17

OFFICE; 18

(3)] a person who campaigns as a write-in candidate for elective state 19

executive or legislative office at the general election; and 20

(3) [(4)] a group or nongroup entity that receives contributions or 21

makes expenditures on behalf of or in opposition to a person described in (1) or (2) 22

[(1) - (3)] of this subsection, except as provided for certain independent expenditures 23

by nongroup entities in AS 15.13.135(a). 24

* Sec. 7. AS 15.13.400(4) is amended to read: 25

(4) "contribution" 26

(A) means a purchase, payment, promise or obligation to pay, 27

loan or loan guarantee, deposit or gift of money, goods, or services for which 28

charge is ordinarily made, and includes the payment by a person other than a 29

candidate or political party, or compensation for the personal services of 30

another person, that is rendered to the candidate or political party, and that is 31


27-LS0095\D


made for the purpose of 1

(i) influencing the nomination or election of a 2

candidate; 3

(ii) influencing a ballot proposition or question; or 4

(iii) supporting or opposing an initiative proposal 5

application filed with the lieutenant governor under AS 15.45.020; 6

(B) does not include 7

(i) services provided without compensation by 8

individuals volunteering a portion or all of their time on behalf of a 9

political party, candidate, or ballot proposition or question; 10

(ii) ordinary hospitality in a home; 11

(iii) two or fewer mass mailings before each election by 12

each political party describing members of the party running as 13

candidates for public office in that election [THE PARTY'S SLATE 14

OF CANDIDATES FOR ELECTION], which may include 15

photographs, biographies, and information about the [PARTY'S] 16

candidates; 17

(iv) the results of a poll limited to issues and not 18

mentioning any candidate, unless the poll was requested by or designed 19

primarily to benefit the candidate; 20

(v) any communication in the form of a newsletter from 21

a legislator to the legislator's constituents, except a communication 22

expressly advocating the election or defeat of a candidate or a 23

newsletter or material in a newsletter that is clearly only for the private 24

benefit of a legislator or a legislative employee; or 25

(vi) a fundraising list provided without compensation 26

by one candidate or political party to a candidate or political party; 27

* Sec. 8. AS 15.15 is amended by adding a new section to read: 28

Sec. 15.15.005. Top two nonpartisan blanket primary. A voter qualified 29

under AS 15.05 may cast a vote for any candidate for each elective state executive and 30

state and national legislative office, without limitations based on the political party or 31


27-LS0095\D


political group preference or affiliation of either the voter or the candidate. 1


(5) The names of the candidates [AND THEIR PARTY 3

DESIGNATIONS] shall be placed in separate sections on the state general election 4

ballot under the office designation to which they were nominated. If a candidate has 5

indicated a political party or group preference, or requested to be designated as 6

nonpartisan or undeclared, the preference or designation [THE PARTY 7

AFFILIATION, IF ANY,] shall be placed [DESIGNATED] after the name of the 8

candidate. The lieutenant governor and the governor shall be included under the same 9

section. Provision shall be made for voting for write-in [AND NO-PARTY] 10

candidates within each section. Paper ballots for the state general election shall be 11

printed on white paper. 12

* Sec. 10. AS 15.15.030 is amended by adding a new paragraph to read: 13

(15) The director shall include the following statement written in bold 14

on each page of the ballot on which the names of candidates are set out: 15

A political party or group preference indicated by a candidate reflects 16

only the designation requested by the candidate and is not an official 17

endorsement by any political party or group. 18

* Sec. 11. AS 15.15.060 is amended by adding a new subsection to read: 19

(e) In each polling place, the director shall require to be posted, in a location 20

conspicuous to a person who will be voting, the following notice, written in bold: 21

A political party or group preference indicated by a candidate on a 22

ballot reflects only the designation requested by the candidate and is 23

not an official endorsement by any political party or group. 24

* Sec. 12. AS 15.20.081(a) is amended to read: 25

(a) A qualified voter may apply in person, by mail, or by facsimile, scanning, 26

or other electronic transmission to the director for an absentee ballot under this 27

section. Another individual may apply for an absentee ballot on behalf of a qualified 28

voter if that individual is designated to act on behalf of the voter in a written general 29

power of attorney or a written special power of attorney that authorizes the other 30

individual to apply for an absentee ballot on behalf of the voter. The application must 31


27-LS0095\D


include the address or, if the application requests delivery of an absentee ballot by 1

electronic transmission, the telephone electronic transmission number, to which the 2

absentee ballot is to be returned, the applicant's full Alaska residence address, and the 3

applicant's signature. However, a person residing outside the United States and 4

applying to vote absentee in federal elections in accordance with AS 15.05.011 need 5

not include an Alaska residence address in the application. [A PERSON MAY 6

SUPPLY TO A VOTER AN ABSENTEE BALLOT APPLICATION FORM WITH 7

A POLITICAL PARTY OR GROUP AFFILIATION INDICATED ONLY IF THE 8

VOTER IS ALREADY REGISTERED AS AFFILIATED WITH THE POLITICAL 9

PARTY OR GROUP INDICATED. ONLY THE VOTER OR THE INDIVIDUAL 10

DESIGNATED BY THE VOTER IN A WRITTEN POWER OF ATTORNEY 11

UNDER THIS SUBSECTION MAY MARK THE VOTER'S CHOICE OF 12

PRIMARY BALLOT ON AN APPLICATION. A PERSON SUPPLYING AN 13

ABSENTEE BALLOT APPLICATION FORM MAY NOT DESIGN OR MARK 14

THE APPLICATION IN A MANNER THAT SUGGESTS CHOICE OF ONE 15

BALLOT OVER ANOTHER, EXCEPT THAT BALLOT CHOICES MAY BE 16

LISTED ON AN APPLICATION AS AUTHORIZED BY THE DIVISION.] The 17

application must be made on a form prescribed or approved by the director. The voter 18

or registration official shall submit the application directly to the division of elections. 19

For purposes of this subsection, "directly to the division of elections" means that an 20

application may not be submitted to any intermediary that could control or delay the 21

submission of the application to the division or gather data on the applicant from the 22

application form. However, nothing in this subsection is intended to prohibit a voter 23

from giving a completed absentee ballot application to a friend, relative, or associate 24

for transfer to the United States Postal Service or a private commercial delivery 25

service for delivery to the division. 26

* Sec. 13. AS 15.20.082(c) is repealed and reenacted to read: 27

(c) If the names of candidates to appear on the general election ballot have not 28

yet been certified, a special state absentee ballot prepared for the state general election 29

must include the name of each candidate appearing on the primary election ballot. The 30

ballot shall permit the voter to vote in the general election by indicating the voter's 31


27-LS0095\D


order of preference for each candidate for each office. To indicate the order of 1

preference for each candidate for each office to be voted on in the election, the voter 2

shall put the number one next to the name of the candidate who is the voter's first 3

choice, the number two for the voter's second choice, and so forth, so that, in 4

consecutive numerical order, a number indicating the voter's preference is written by 5

the voter next to each candidate's name on the ballot. For each office, the director shall 6

count the vote as being for the highest ranked candidate whose name appears on the 7

general election ballot. If the voter writes in a name for an office, the vote shall be 8

counted as a write-in vote for that office. 9


(a) Thirty days before the date of an election, the election supervisors shall 11

appoint, in the same manner provided for the appointment of election officials 12

prescribed in AS 15.10, district absentee ballot counting boards and district questioned 13

ballot counting boards, each composed of at least four members. At least one member 14

of each board must be a member of the same political party or group with the largest 15

number of registered voters at the time of the preceding gubernatorial election 16

[OF WHICH THE GOVERNOR IS A MEMBER], and at least one member of each 17

board must be a member of the political party or group with the second largest 18

number of registered voters at the time of [WHOSE CANDIDATE FOR 19

GOVERNOR RECEIVED THE SECOND LARGEST NUMBER OF VOTES IN] the 20

preceding gubernatorial election. The district boards shall assist the election 21

supervisors in counting the absentee and questioned ballots and shall receive the same 22

compensation paid election officials under AS 15.15.380. 23


Sec. 15.25.010. Provision for primary election. Candidates for the elective 25

state executive and state and national legislative offices shall be chosen to appear on 26

the general election ballot [NOMINATED] in a primary election by direct vote of the 27

people in the manner prescribed by this chapter. The primary election does not serve 28

to determine the nominee of a political party or group but serves only to narrow 29

to those candidates receiving the greatest number of votes and the second 30

greatest number of votes for any office the number of candidates whose names 31


27-LS0095\D


will appear on the ballot at the general election. [THE DIRECTOR SHALL 1

PREPARE AND PROVIDE A PRIMARY ELECTION BALLOT FOR EACH 2

POLITICAL PARTY. A VOTER REGISTERED AS AFFILIATED WITH A 3

POLITICAL PARTY MAY VOTE THAT PARTY'S BALLOT. A VOTER 4

REGISTERED AS NONPARTISAN OR UNDECLARED RATHER THAN AS 5

AFFILIATED WITH A PARTICULAR POLITICAL PARTY MAY VOTE THE 6

POLITICAL PARTY BALLOT OF THE VOTER'S CHOICE UNLESS 7

PROHIBITED FROM DOING SO UNDER AS 15.25.014. A VOTER REGISTERED 8

AS AFFILIATED WITH A POLITICAL PARTY MAY NOT VOTE THE BALLOT 9

OF A DIFFERENT POLITICAL PARTY UNLESS PERMITTED TO DO SO 10

UNDER AS 15.25.014.] 11


(a) A person [MEMBER OF A POLITICAL PARTY] who seeks to become a 13

candidate [OF THE PARTY] in the primary election or a special primary election 14

shall execute and file a declaration of candidacy. The declaration shall be executed 15

under oath before an officer authorized to take acknowledgments and must state in 16

substance 17

(1) the full name of the candidate; 18

(2) the full mailing address of the candidate; 19

(3) if the candidacy is for the office of state senator or state 20

representative, the house or senate district of which the candidate is a resident; 21

(4) the office for which the candidate seeks nomination; 22

(5) the [NAME OF THE] political party or political group 23

preference, or nonpartisan or undeclared designation, the candidate would like 24

placed after the candidate's name on the ballot, if any [OF WHICH THE PERSON 25

IS A CANDIDATE FOR NOMINATION]; 26

(6) the full residence address of the candidate, and the date on which 27

residency at that address began; 28

(7) the date of the primary election or special primary election at 29

which the candidate seeks nomination; 30

(8) the length of residency in the state and in the house district of the 31


27-LS0095\D


candidate; 1

(9) that the candidate will meet the specific citizenship requirements of 2

the office for which the person is a candidate; 3

(10) that the candidate is a qualified voter as required by law; 4

(11) that the candidate will meet the specific age requirements of the 5

office for which the person is a candidate; if the candidacy is for the office of state 6

representative, that the candidate will be at least 21 years of age on the first scheduled 7

day of the first regular session of the legislature convened after the election; if the 8

candidacy is for the office of state senator, that the candidate will be at least 25 years 9

of age on the first scheduled day of the first regular session of the legislature convened 10

after the election; if the candidacy is for the office of governor or lieutenant governor, 11

that the candidate will be at least 30 years of age on the first Monday in December 12

following election or, if the office is to be filled by special election under 13

AS 15.40.230 - 15.40.310, that the candidate will be at least 30 years of age on the 14

date of certification of the results of the special election; or, for any other office, by 15

the time that the candidate, if elected, is sworn into office; 16

(12) that the candidate requests that the candidate's name be placed on 17

the primary or special primary election ballot; 18

(13) that the required fee accompanies the declaration; 19

(14) that the person is not a candidate for any other office to be voted 20

on at the primary or general election and that the person is not a candidate for this 21

office under any other declaration of candidacy or nominating petition; and 22

(15) the manner in which the candidate wishes the candidate's name to 23

appear on the ballot [; AND 24

(16) THAT THE CANDIDATE IS REGISTERED TO VOTE AS A 25

MEMBER OF THE POLITICAL PARTY WHOSE NOMINATION IS BEING 26

SOUGHT]. 27


(a) The declaration is filed by either 29

(1) the actual physical delivery of the declaration in person or by mail 30

at or before 5:00 p.m., prevailing time, June 1 of the year in which a general election is 31


27-LS0095\D


held for the office; or 1

(2) reliable electronic transmission of a copy in substance of the 2

statements made in paragraphs (1) - (5) of the declaration as required by 3

AS 15.25.030(a) at or before 5:00 p.m., prevailing time, June 1 of the year in which a 4

general election is held for the office and also the actual physical delivery of the 5

declaration containing paragraphs (1) - (15) [(16)] as required by AS 15.25.030(a) by 6

mail that is received not more than 15 days after that time. 7

* Sec. 18. AS 15.25.060 is repealed and reenacted to read: 8

Sec. 15.25.060. Preparation and distribution of ballots. The primary 9

election ballots shall be prepared and distributed by the director in the manner 10

prescribed for general election ballots except as specifically provided otherwise for the 11

primary election. The director shall prepare and provide a primary election ballot that 12

contains all of the candidates for elective state executive and state and national 13

legislative offices and all of the ballot titles and propositions required to appear on the 14

ballot at the primary election. The director shall print the ballots on white paper and 15

place the names of all candidates who have properly filed in groups according to 16

offices. The order of the placement of the names for each office shall be as provided 17

for the general election ballot. Blank spaces may not be provided on the ballot for the 18

writing or pasting in of names. 19

* Sec. 19. AS 15.25.100 is repealed and reenacted to read: 20

Sec. 15.25.100. Placement of candidates on general election ballot. (a) Of 21

the names of candidates that appear on the primary election ballot under 22

AS 15.25.010, the director shall place on the general election ballot only the names of 23

the candidates receiving the greatest number of votes and the second greatest number 24

of votes for an office, except as provided in (b) and (c) of this section. 25

(b) If two candidates tie 26

(1) in having the greatest number of votes for an office in the primary 27

election, the director shall place only the names of those two candidates for that office 28

on the general election ballot; 29

(2) in having the second greatest number of votes for an office in the 30

primary election, the director shall place on the general election ballot the name of 31


27-LS0095\D


only one of the candidates who tied for that office, to be determined by lot under 1

AS 15.20.530. 2

(c) For the office of lieutenant governor, the director shall place on the general 3

election ballot, together with the name of the candidate for governor who received 4

(1) the greatest number of votes in the primary election, the name of 5

either the candidate for lieutenant governor receiving the greatest number of votes or 6

the candidate for lieutenant governor receiving the second greatest number of votes, 7

whichever the candidate for governor chooses to run with jointly; and 8

(2) the second greatest number of votes in the primary election, the 9

name of either the candidate for lieutenant governor receiving the greatest number of 10

votes or the candidate for lieutenant governor receiving the second greatest number of 11

votes, whoever was not chosen to run jointly with the candidate for governor who 12

received the greatest number of votes. 13


(a) If a candidate does not appear on the primary election ballot or is not 15

successful in advancing to the general election and wishes to be a candidate in the 16

general election, the candidate may file as a write-in candidate. Votes for a write-in 17

candidate may not be counted unless that candidate has filed a letter of intent with the 18

director stating 19

(1) the full name of the candidate; 20

(2) the full residence address of the candidate and the date on which 21

residency at that address began; 22

(3) the full mailing address of the candidate; 23

(4) the [NAME OF THE] political party or political group preference, 24

or nonpartisan or undeclared designation, of the candidate's choice [OF WHICH 25

THE CANDIDATE IS A MEMBER], if any; 26

(5) if the candidate is for the office of state senator or state 27

representative, the house or senate district of which the candidate is a resident; 28

(6) the office that the candidate seeks; 29

(7) the date of the election at which the candidate seeks election; 30

(8) the length of residency in the state and in the house district of the 31


27-LS0095\D


candidate; 1

(9) the name of the candidate as the candidate wishes it to be written 2

on the ballot by the voter; 3

(10) that the candidate meets the specific citizenship requirements of 4

the office for which the person is a candidate; 5

(11) that the candidate will meet the specific age requirements of the 6

office for which the person is a candidate; if the candidacy is for the office of state 7

representative, that the candidate will be at least 21 years of age on the first scheduled 8

day of the first regular session of the legislature convened after the election; if the 9

candidacy is for the office of state senator, that the candidate will be at least 25 years 10

of age on the first scheduled day of the first regular session of the legislature convened 11

after the election; if the candidacy is for the office of governor or lieutenant governor, 12

that the candidate will be at least 30 years of age on the first Monday in December 13

following election or, if the office is to be filled by special election under 14

AS 15.40.230 - 15.40.310, that the candidate will be at least 30 years of age on the 15

date of certification of the results of the special election; or, for any other office, by 16

the time that the candidate, if elected, is sworn into office; 17

(12) that the candidate is a qualified voter as required by law; and 18

(13) that the candidate is not a candidate for any other office to be 19

voted on at the general election and that the candidate is not a candidate for this office 20

under any other nominating petition or declaration of candidacy. 21


(b) If a write-in candidate is running for the office of governor, the candidate 23

must file a joint letter of intent together with a candidate for lieutenant governor. 24

[BOTH CANDIDATES MUST BE OF THE SAME POLITICAL PARTY OR 25

GROUP.] 26


Sec. 15.40.140. Condition and time of calling special election. When a 28

vacancy occurs in the office of United States senator or United States representative, 29

the governor shall, by proclamation, call a special primary election to be held on a 30

date not less than 60, nor more than 90, days after the date the vacancy occurs, to be 31


27-LS0095\D


followed by a special election on the first Tuesday that is not a state holiday 1

occurring not less than 60 days after the special primary election. However, if the 2

vacancy occurs on a date that is not less than 60, nor more than 90 days before [OR 3

IS ON OR AFTER] the date, in an election year in which a candidate for that 4

office is not regularly elected, of 5

(1) the primary election [IN THE GENERAL ELECTION YEAR 6

DURING WHICH A CANDIDATE TO FILL THE OFFICE IS REGULARLY 7

ELECTED], the [GOVERNOR MAY NOT CALL A] special primary election shall 8

be held on the date of the primary election with the subsequent special election to 9

be held on the date of the general election; or 10

(2) the general election, the special primary election shall be held 11

on the date of the general election with the subsequent special election to be held 12

on the first Tuesday that is not a state holiday occurring not less than 60 days 13

after the special primary and general election. 14


Sec. 15.40.160. Proclamation. The governor shall issue the proclamation 16

calling the special primary election and special election at least 50 days before the 17

special primary election. 18


Sec. 15.40.190. Requirements of petition for [NO-PARTY] candidates. 20

Petitions for the nomination of candidates must be executed under oath and [NOT 21

REPRESENTING A POLITICAL PARTY SHALL BE SIGNED BY QUALIFIED 22

VOTERS OF THE STATE EQUAL IN NUMBER TO AT LEAST ONE PERCENT 23

OF THE NUMBER OF VOTERS WHO CAST BALLOTS IN THE PRECEDING 24

GENERAL ELECTION AND SHALL] state in substance that which is required for a 25

declaration of candidacy under AS 15.25.030 [NOMINATION PETITIONS BY 26

AS 15.25.180]. 27


Sec. 15.40.220. General provisions for conduct of the special primary 29

election and special election. Unless specifically provided otherwise, all provisions 30

regarding the conduct of the primary election and general election shall govern the 31


27-LS0095\D


conduct of the special primary election and special election of the United States 1

senator or United States representative, including provisions concerning voter 2

qualifications; provisions regarding the duties, powers, rights, and obligations of the 3

director, of other election officials, and of municipalities; provision for notification of 4

the election; provision for payment of election expenses; provisions regarding 5

employees being allowed time from work to vote; provisions for the counting, 6

reviewing, and certification of returns; provisions for the determination of the votes 7

and of recounts, contests, and appeal; and provision for absentee voting. 8


Sec. 15.40.230. Condition and time of calling special election. When a 10

person appointed to succeed to the office of lieutenant governor succeeds to the office 11

of acting governor, the acting governor shall, by proclamation, call a special primary 12

election to be held on a date not less than 60, nor more than 90, days after the date the 13

vacancy in the office of the governor occurred and a subsequent special election to 14

be held on the first Tuesday that is not a state holiday occurring not less than 60 15

days after the special primary election. However, if the vacancy occurs on a date 16

that is less than 60 days before or is on or after the date of the primary election in 17

years in which a governor is regularly elected, the acting governor shall serve the 18

remainder of the unexpired term and may not call a special election. 19


Sec. 15.40.240. Conditions for holding special primary election and special 21

election with primary or general election. If the vacancy occurs on a date not less 22

than 60, nor more than 90, days before the date of the primary election in an election 23

year in which a governor is not regularly elected, the acting governor shall, by 24

proclamation, call the special primary election to be held on the date of the 25

primary election and the special election to be held on the date of the general 26

election, [IN YEARS IN WHICH A GOVERNOR IS REGULARLY ELECTED] or, 27

if the vacancy occurs on a date not less than 60, nor more than 90, days before the date 28

of the [PRIMARY ELECTION OR] general election in election years in which a 29

governor is not regularly elected, the acting governor shall, by proclamation, call the 30

special primary election to be held on the date of the [PRIMARY ELECTION OR] 31


27-LS0095\D


general election with the subsequent special election to be held on the first 1

Tuesday that is not a state holiday occurring not less than 60 days after the 2

special primary and general election. 3


Sec. 15.40.250. Proclamation of special election. The acting governor shall 5

issue the proclamation calling the special primary election and special election at 6

least 50 days before the special primary election. 7



Petitions for the nomination of candidates must [NOT REPRESENTING A 10

POLITICAL PARTY SHALL BE SIGNED BY QUALIFIED VOTERS OF THE 11

STATE EQUAL IN NUMBER TO AT LEAST ONE PERCENT OF THE NUMBER 12

OF VOTERS WHO CAST BALLOTS IN THE PRECEDING GENERAL 13

ELECTION, SHALL INCLUDE NOMINEES FOR THE OFFICE OF GOVERNOR 14

AND LIEUTENANT GOVERNOR, AND SHALL] state in substance that which is 15

required for a declaration of candidacy under AS 15.25.030 [NOMINATION 16

PETITIONS BY AS 15.25.180]. 17


Sec. 15.40.310. General provisions for conduct of the special primary 19


regarding the conduct of the primary and general election shall govern the conduct of 21

the special primary election and special election of the governor and lieutenant 22

governor, including provisions concerning voter qualifications; provisions regarding 23

the duties, powers, rights, and obligations of the director, of other election officials, 24

and of municipalities; provision for notification of the election; provision for payment 25

of election expenses; provisions regarding employees being allowed time from work 26

to vote; provisions for the counting, reviewing, and certification of returns; provisions 27

for the determination of the votes and of recounts, contests, and appeal; and provision 28

for absentee voting. 29


Sec. 15.40.330. Qualification and confirmation of appointee. (a) The 31


27-LS0095\D


appointee shall meet the qualifications of a member of the legislature as prescribed in 1

Sec. 2, art. II, of the state constitution, and, if the predecessor in office was a 2

member of a political party or group at the time of the vacancy, (1) shall be a 3

member of the same political party or group as [THAT WHICH NOMINATED] the 4

predecessor in office; [,] and (2) shall be subject to confirmation by a majority of the 5

members of the legislature who are members of the same political party or group as 6

[WHICH NOMINATED] the predecessor in office and of the same house as was the 7

predecessor in office. If the predecessor in office was not a member of 8

[NOMINATED BY] a political party or group at the time of the vacancy or, if no 9

other member of the predecessor's political party or group is a member of the 10

predecessor's house of the legislature, the governor may appoint any qualified person. 11

If the appointee is not a member of a political party or group, as defined in (b) of this 12

section, the appointment is not subject to confirmation. If the appointee is a member 13

of a political party or group, the appointment is subject to confirmation as provided 14

by (b) of this section for the confirmation of political party or group appointees. 15

(b) A member of a political party or group is a person who supports the 16

political program of a political party or group. The placement of a nonpartisan or 17

undeclared designation after the name [FILING FOR OFFICE] of a candidate on 18

the primary election ballot [AS AN INDEPENDENT OR NO-PARTY 19

CANDIDATE] does not preclude a candidate from being a member of a political party 20

or group. Recognition of a [AN INDEPENDENT OR NO-PARTY] candidate as a 21

member of a political party or group caucus of members of the legislature at the 22

legislative session following the election of the [INDEPENDENT OR NO-PARTY] 23

candidate is recognition of that person's political party or group membership for the 24

purposes of confirmation under this section [AT THE TIME FILINGS WERE 25

MADE BY PARTY CANDIDATES FOR THE PRECEDING GENERAL 26

ELECTION]. 27


Sec. 15.40.380. Conditions for part-term senate appointment and special 29

election. If the vacancy is for an unexpired senate term of more than two years and 30

five full calendar months, the governor shall call a special primary election and a 31


27-LS0095\D


special election by proclamation, and the appointment shall expire on the date the 1

state senate first convenes or reconvenes following the certification of the results of 2

the special election by the director. 3


Sec. 15.40.390. Date of special primary election and special election. The 5

special primary election to fill a vacancy in the state senate shall be held on the date 6

of the first primary [GENERAL] election held more than 60 days [THREE FULL 7

CALENDAR MONTHS] after the senate vacancy occurs, and the special election 8

shall be held on the date of the first general election thereafter. 9


Sec. 15.40.400. Proclamation of special election. The governor shall issue the 11

proclamation calling the special primary election and special election at least 50 12

days before the special primary election. 13



Petitions for the nomination of candidates [NOT REPRESENTING A POLITICAL 16

PARTY SHALL BE SIGNED BY QUALIFIED VOTERS EQUAL IN NUMBER TO 17

AT LEAST ONE PERCENT OF THE NUMBER OF VOTERS WHO CAST 18

BALLOTS IN THE PROPOSED NOMINEE'S RESPECTIVE HOUSE OR SENATE 19

DISTRICT IN THE PRECEDING GENERAL ELECTION. A NOMINATING 20

PETITION MAY NOT CONTAIN LESS THAN 50 SIGNATURES FOR ANY 21

DISTRICT,] and must state in substance that which is required in a declaration of 22

candidacy under AS 15.25.030 [PETITIONS FOR NOMINATION BY 23

AS 15.25.180]. 24


Sec. 15.40.470. General provision for conduct of the special primary 26


regarding the conduct of the primary election and general election shall govern the 28

conduct of the special primary election and special election of state senators, 29

including provisions concerning voter qualifications; provisions regarding the duties, 30

powers, rights, and obligations of the director, of other election officials, and of 31


27-LS0095\D


municipalities; provision for notification of the election; provision for payment of 1

election expenses; provisions regarding employees being allowed time from work to 2

vote; provisions for the counting, reviewing, and certification of returns; provisions for 3

the determination of the votes and of recounts, contests, and appeal; and provision for 4

absentee voting. 5

* Sec. 37. AS 15.58.020(a) is amended by adding a new paragraph to read: 6

(13) the following statement written in bold in a conspicuous location: 7

A political party or group preference indicated by a candidate on the 8

ballot reflects only the designation requested by the candidate and is 9

not an official endorsement by any political party or group. 10


(b) Not [NO] later than July 22 of a year in which a state general election will 12

be held, an individual who becomes a candidate for the office of United States senator, 13

United States representative, governor, lieutenant governor, state senator, or state 14

representative under AS 15.25.030 [OR 15.25.180] may file with the lieutenant 15

governor a photograph and a statement advocating the candidacy. [AN INDIVIDUAL 16

WHO BECOMES A CANDIDATE FOR THE OFFICE OF UNITED STATES 17

SENATOR, UNITED STATES REPRESENTATIVE, GOVERNOR, LIEUTENANT 18

GOVERNOR, STATE SENATOR, OR STATE REPRESENTATIVE BY PARTY 19

PETITION FILED UNDER AS 15.25.110 MAY FILE WITH THE LIEUTENANT 20

GOVERNOR A PHOTOGRAPH AND A STATEMENT ADVOCATING THE 21

CANDIDACY WITHIN 10 DAYS OF BECOMING A CANDIDATE.] 22


(a) A political group that the director has not recognized as a political party 24

may obtain recognized political party status if, on or before May 31 of the election 25

year for which the political group seeks recognition, the political group 26

(1) files an application with the director; and 27

(2) [SUBMITS BYLAWS TO THE DIRECTOR AND THE UNITED 28

STATES DEPARTMENT OF JUSTICE AS REQUIRED OF POLITICAL PARTIES 29

IN AS 15.25.014; AND 30

(3)] meets the definition of a political party in AS 15.80.010. 31


27-LS0095\D



(25) "political party" means an organized group of voters that 2

represents a political program and 3

(A) that [NOMINATED A CANDIDATE FOR GOVERNOR 4

WHO RECEIVED AT LEAST THREE PERCENT OF THE TOTAL VOTES 5

CAST FOR GOVERNOR AT THE PRECEDING GENERAL ELECTION 6

OR] has registered voters in the state equal in number to at least three percent 7

of the total votes cast for governor at the preceding general election; 8

(B) if the office of governor was not on the ballot at the 9

preceding general election but the office of United States senator was on that 10

ballot, that [NOMINATED A CANDIDATE FOR UNITED STATES 11

SENATOR WHO RECEIVED AT LEAST THREE PERCENT OF THE 12

TOTAL VOTES CAST FOR UNITED STATES SENATOR AT THAT 13

GENERAL ELECTION OR] has registered voters in the state equal in number 14

to at least three percent of the total votes cast for United States senator at that 15

general election; or 16

(C) if neither the office of governor nor the office of United 17

States senator was on the ballot at the preceding general election, that 18

[NOMINATED A CANDIDATE FOR UNITED STATES 19

REPRESENTATIVE WHO RECEIVED AT LEAST THREE PERCENT OF 20

THE TOTAL VOTES CAST FOR UNITED STATES REPRESENTATIVE 21

AT THAT GENERAL ELECTION OR] has registered voters in the state equal 22

in number to at least three percent of the total votes cast for United States 23

representative at that general election; 24


(b) A public official or former public official other than an elected or 26

appointed municipal officer shall file the statement with the Alaska Public Offices 27

Commission. Candidates for the office of governor and lieutenant governor and, if the 28

candidate is not subject to AS 24.60, the legislature shall file the statement under 29

AS 15.25.030 [OR 15.25.180]. Municipal officers, former municipal officers, and 30

candidates for elective municipal office, shall file with the municipal clerk or other 31


27-LS0095\D


municipal official designated to receive their filing for office. All statements required 1

to be filed under this chapter are public records. 2

* Sec. 42. AS 15.25.014, 15.25.056, 15.25.110, 15.25.120, 15.25.130, 15.25.140, 15.25.150, 3

15.25.160, 15.25.170, 15.25.180, 15.25.185, 15.25.190, 15.25.200; AS 15.40.145, 15.40.150, 4

15.40.200, 15.40.210, 15.40.290, 15.40.300, 15.40.450, 15.40.460; AS 15.56.030(a)(4), 5

15.56.030(a)(5), and 15.56.035(a)(5) are repealed. 6

* Sec. 43. The uncodified law of the State of Alaska is amended by adding a new section to 7

read: 8

TRANSITION; VOTER EDUCATION AS TO CHANGES MADE TO STATE 9

ELECTION SYSTEMS THROUGH ADOPTION OF A TOP TWO NONPARTISAN 10

BLANKET PRIMARY. (a) For a period of not less than two full election cycles immediately 11

following the effective date of this Act, the director of elections shall, in a manner reasonably 12

calculated to educate the public, inform voters of the changes made to the state's election 13

systems in this Act. 14

(b) In this section, "election cycle" means the 24-month period commencing on 15

January 1 of odd-numbered years and ending on December 31 of even-numbered years. 16




EXHIBIT 5


REFERENCE TITLE: open top two primary elections

State of Arizona

House of Representatives

Fiftieth Legislature

Second Regular Session

2012

HCR 2050

Introduced by

Representatives Chabin, Pancrazi

A CONCURRENT RESOLUTION

PROPOSING AN AMENDMENT TO THE CONSTITUTION OF ARIZONA;

REPEALING ARTICLE VII, SECTION 10, CONSTITUTION OF ARIZONA;

AMENDING THE CONSTITUTION OF ARIZONA BY ADDING NEW

ARTICLE VII, SECTION 10; RELATING TO PRIMARY AND GENERAL

ELECTIONS.

(TEXT OF BILL BEGINS ON NEXT PAGE)

HCR2050 - 502R - I Ver http://www.azleg.gov/legtext/50leg/2r/bills/hcr2050p.htm

1 of 6 2/21/2012 4:29 PM


Be it resolved by the House of Representatives of the State of Arizona, the Senate

concurring:

1. Article VII, section 10, Constitution of Arizona, is proposed to be repealed

as follows if approved by the voters and on proclamation of the Governor:

Article VII, section 10, Constitution of Arizona, relating to the establishment

of the direct primary election, is repealed.

2. Article VII, Constitution of Arizona, is proposed to be amended by adding

a new section 10 as follows if approved by the voters and on proclamation of the

Governor:

10. Open top two primary election

A. Intent

IT IS THE INTENT OF THIS SECTION THAT ALL

PERSONS WHO ARE QUALIFIED TO VOTE IN ELECTIONS IN

THIS STATE ARE GUARANTEED THE UNRESTRICTED RIGHT

TO VOTE FOR THE QUALIFIED CANDIDATE OF THEIR

CHOICE IN ALL ELECTIONS. A VOTER SHALL NOT BE

DENIED THE RIGHT TO VOTE FOR THE QUALIFIED

CANDIDATE OF THAT VOTER'S CHOICE IN A PRIMARY OR

GENERAL ELECTION BASED ON THE POLITICAL PARTY

AFFILIATION OF THE VOTER OR THE VOTER'S LACK OF

POLITICAL PARTY AFFILIATION.

B. Applicability.

THIS SECTION APPLIES TO THE ELECTION OF

CANDIDATES TO ALL FEDERAL, STATE, COUNTY AND LOCAL

ELECTED OFFICES EXCEPT FOR THE FOLLOWING:

1. ELECTIONS IN WHICH THE AFFILIATION,

REGISTRATION OR PREFERENCE OF THE CANDIDATE'S

POLITICAL PARTY DOES NOT APPEAR ON THE BALLOT.

2. ELECTIONS FOR CANDIDATES FOR THE OFFICE OF

PRESIDENT AND VICE-PRESIDENT OF THE UNITED STATES.

C. Rights of voters

A VOTER SHALL BE PERMITTED TO STATE THE

VOTER'S POLITICAL PARTY PREFERENCE, IF ANY, IN THE

VOTER'S OWN WORDS ON THE VOTER REGISTRATION FORM

AND SHALL NOT BE REQUIRED TO CHOOSE FROM A LIST OF

RECOGNIZED POLITICAL PARTIES, AFFILIATIONS,

DESIGNATIONS, INITIALS OR ABBREVIATIONS.

D. Procedure


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AN OPEN TOP TWO PRIMARY ELECTION SHALL BE

CONDUCTED TO SELECT THE CANDIDATES WHO COMPETE

IN THE GENERAL ELECTION. THE OPEN TOP TWO PRIMARY

ELECTION SHALL BE GOVERNED AS FOLLOWS:

1. THE TWO CANDIDATES WHO RECEIVE THE

GREATEST NUMBER OF VOTES IN THE PRIMARY ELECTION

SHALL COMPETE IN THE GENERAL ELECTION EXCEPT

THAT, FOR ANY OFFICE TO WHICH MORE THAN ONE

CANDIDATE WILL BE ELECTED, THE NUMBER OF

CANDIDATES WHO COMPETE IN THE GENERAL ELECTION

FOR THAT OFFICE SHALL BE CALCULATED BY

DETERMINING THE NUMBER OF CANDIDATES TO BE

ELECTED TO THAT OFFICE AND MULTIPLYING THAT

NUMBER BY TWO.

2. ALL PERSONS WHO ARE REGISTERED VOTERS AND

WHO ARE OTHERWISE ELIGIBLE TO VOTE FOR THAT

OFFICE MAY VOTE IN THE OPEN TOP TWO PRIMARY

ELECTION FOR ANY CANDIDATE WHO IS ELIGIBLE TO RUN

FOR THAT OFFICE WITHOUT REGARD TO PARTY

AFFILIATION.

3. THIS SECTION SHALL NOT BE CONSTRUED TO

PROHIBIT A WRITE-IN CANDIDATE IN EITHER THE

PRIMARY OR THE GENERAL ELECTION AS OTHERWISE

PRESCRIBED BY LAW.

E. Filing requirement

ALL CANDIDATES FOR OFFICE TO WHICH THIS

SECTION APPLIES SHALL FILE A PETITION OR OTHER

NOMINATING PAPER THAT CONTAINS THE SIGNATURES OF

REGISTERED VOTERS IN AN AMOUNT TO BE ESTABLISHED

BY LAW. THE STATUTORY SIGNATURE REQUIREMENTS

ESTABLISHED PURSUANT TO THIS SECTION SHALL BE

BASED ON THE TOTAL NUMBER OF VOTES CAST FOR THAT

OFFICE IN THE IMMEDIATELY PRECEDING GENERAL

ELECTION AND SHALL BE THE SAME NUMBER FOR ALL

CANDIDATES FOR ANY ONE OFFICE WITHOUT REGARD TO

POLITICAL PARTY AFFILIATION OR LACK OF POLITICAL

PARTY AFFILIATION OF THE CANDIDATE.

F. Rights of candidates

ALL CANDIDATES SHALL HAVE THE CHOICE TO

DECLARE A POLITICAL PARTY PREFERENCE, IF ANY, AS


3 of 6 2/21/2012 4:29 PM


THAT PREFERENCE IS STATED ON THE CANDIDATE'S VOTER

REGISTRATION FORM. THE CANDIDATE'S POLITICAL

PARTY REGISTRATION SHALL CONTAIN A MAXIMUM OF

TWENTY CHARACTERS AND SHALL APPEAR AS FOLLOWS:

1. ON THE CANDIDATE'S NOMINATION PETITION AND

SHALL USE THE WORDS "REGISTERED AS ______", WITH

THE BLANK FILLED IN TO INCLUDE THE CANDIDATE'S

PARTY OF REGISTRATION.

2. ON THE PRIMARY AND GENERAL ELECTION BALLOT

ON WHICH THAT CANDIDATE'S NAME APPEARS. THE

WORDS "REGISTERED AS" MAY BE USED IN A COLUMN

HEADING OR OTHER PREFATORY TEXT ON THE BALLOT

RATHER THAN BEING REPEATED NEXT TO THE NAME OF

EACH CANDIDATE, SO LONG AS THE WORDS "REGISTERED

AS" REMAIN PROMINENTLY STATED AND ARE CLEAR TO

THE VOTER.

3. IF NO PARTY PREFERENCE IS STATED ON THE

CANDIDATE'S VOTER REGISTRATION FORM, NO POLITICAL

PARTY DESIGNATION MAY APPEAR ON THE NOMINATION

PETITION OR PAPERS OR ON ANY BALLOT WITH THE

CANDIDATE'S NAME.

G. Ballot language and voter information material

IN ANY GOVERNMENT PROVIDED VOTER EDUCATION

OR INFORMATIONAL MATERIAL THAT CONTAINS A LIST OF

CANDIDATES AND ON EVERY PRIMARY AND GENERAL

ELECTION BALLOT, THE FOLLOWING STATEMENT SHALL

BE PROMINENTLY DISPLAYED: "THE PARTY

REGISTRATION, IF ANY, STATED WITH THE CANDIDATES'

NAMES ON THIS BALLOT IS NOT AN INDICATION THAT A

CANDIDATE HAS BEEN NOMINATED OR ENDORSED BY THAT

PARTY, BUT ONLY REFLECTS THE PARTY REGISTRATION, IF

ANY, OF THAT CANDIDATE.

H. Rights of political parties

THIS SECTION SHALL NOT BE CONSTRUED TO :

1. RESTRICT THE RIGHT OF PERSONS TO JOIN IN OR

ORGANIZE INTO POLITICAL PARTIES OR IN ANY WAY

RESTRICT THE RIGHTS OF PRIVATE ASSOCIATION FOR

POLITICAL PARTIES.

2. RESTRICT THE RIGHT OF POLITICAL PARTIES TO

CONTRIBUTE TO, ENDORSE OR OTHERWISE SUPPORT OR


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OPPOSE CANDIDATES FOR ELECTED OFFICE. A POLITICAL

PARTY MAY ESTABLISH THE INTERNAL PROCEDURES OF

ITS CHOICE TO ELECT PARTY OFFICERS, ENDORSE OR

SUPPORT CANDIDATES OR OTHERWISE PARTICIPATE IN ALL

ELECTIONS BUT THESE PRIVATE PROCEEDINGS SHALL NOT

BE PAID FOR OR OTHERWISE SUBSIDIZED USING PUBLIC

MONIES.

I. Equal treatment of voters, candidates

ALL QUALIFIED VOTERS AND QUALIFIED CANDIDATES

SHALL BE TREATED EQUALLY BY THE LAWS AND RULES

GOVERNING ELECTIONS IN THIS STATE WITHOUT REGARD

TO POLITICAL PARTY AFFILIATION OR LACK OF POLITICAL

PARTY AFFILIATION. TO THE EXTENT THAT ANY

PRIVILEGES OR PROCEDURES ARE MADE AVAILABLE TO

CERTAIN CANDIDATES OR POLITICAL PARTIES, THEY

SHALL BE MADE EQUALLY AVAILABLE TO ALL CANDIDATES

OR POLITICAL PARTIES WITHOUT REGARD TO THE PARTY

AFFILIATION OR PARTY RECOGNITION OR ANY LACK OF

AFFILIATION OR RECOGNITION.

J. Severability; implementation

IF A PROVISION OF THIS SECTION OR ITS APPLICATION

TO ANY PERSON OR CIRCUMSTANCE IS HELD INVALID, THE

INVALIDITY DOES NOT AFFECT OTHER PROVISIONS OR

APPLICATION OF THE SECTION THAT CAN BE GIVEN

EFFECT WITHOUT THE INVALID PROVISION OR

APPLICATION, AND TO THIS END THE PROVISIONS OF THIS

SECTION ARE SEVERABLE. ON APPROVAL BY THE VOTERS,

THIS AMENDMENT APPLIES TO ALL ELECTIONS

OCCURRING AFTER JANUARY 1, 2014 AND THIS MEASURE

SUPERSEDES ANY EXISTING STATE STATUTES,

REGULATIONS AND ELECTION PROCEDURES TO THE

EXTENT THAT THEY ARE INCONSISTENT WITH THIS

SECTION. THE LEGISLATURE, THE SECRETARY OF STATE

AND LOCAL GOVERNMENT OFFICIALS SHALL PROMPTLY

MAKE THE CHANGES AND ADDITIONS TO STATE STATUES,

REGULATIONS AND ELECTIONS PROCEDURES AS ARE

NECESSARY TO FULLY IMPLEMENT THE PROVISIONS OF

THIS SECTION TO PROVIDE FOR THE OPEN TOP TWO

PRIMARY ELECTION PRESCRIBED BY THIS ACT IN 2014 AND

FOR EVERY APPLICABLE PRIMARY AND GENERAL


5 of 6 2/21/2012 4:29 PM


ELECTION THEREAFTER. LEGISLATION, REGULATIONS

AND ELECTIONS PROCEDURES THAT PURPORT TO

IMPLEMENT THIS SECTION SHALL BE CONSISTENT WITH

AND FURTHER THE PURPOSE OF THIS AMENDMENT IN

ORDER TO ALLOW AND ENCOURAGE ALL QUALIFIED

VOTERS IN THIS STATE TO VOTE IN PRIMARY AND GENERAL

ELECTIONS FOR THE CANDIDATES OF THEIR CHOICE

WITHOUT REGARD TO THE POLITICAL AFFILIATION OF

THE VOTERS AND THE CANDIDATES.

3. The Secretary of State shall submit this proposition to the voters at the

next general election as provided by article XXI, Constitution of Arizona.


6 of 6 2/21/2012 4:29 PM




EXHIBIT 6


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- 5 - REPLY BRIEF IN SUPPORT OF MOTION FOR

PRELIMINARY INJUNCTION

2010 special election in Senate District 28. As our Moving Papers showed,

Secretary Bowen and Registrar Logan applied SB 6’s Party Preference Ban on

Plaintiff Chamness, by unlawfully banning him from using the ballot label of

“Independent”.11

While Coffee Party candidate Chamness was foisted with the

ballot label of “No Party Preference”, his competitors were allowed to use the ballot

labels of “Democrat” and “Republican”.12

As the Ninth Circuit made clear in

Rubin, that exact practice is flatly unconstitutional, because it “hinder[s] core

political speech”. 13

Therefore, it is beyond dispute that SB 6’s Party Preference

Ban is unconstitutional as applied, for it did inflict irreparable harm on Plaintiff

Chamness’ fundamental rights in the February 15,2011 SD 28 Election.

C. Secretary Bowen Has Made a Binding Admission that SB 6’s Party

Preference Ban Is Unlawful

Remarkably, even Secretary Bowen agrees that SB 6’s Party Preference Ban

is unlawful. As our Moving Papers showed, email correspondence from her office

publicly stated that SB 6’s Party Preference Ban is not “permissible”, because it

deprives candidates of the ballot label of “Independent”.14

In so doing, Secretary

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Moving Papers, at 9:9-9:16 & nn. 37-38 (showing that Secretary Bowen and Registrar Logan applied SB 6-amended Elections Code §§325, 8002.5, & 13105(a) on Plaintiff Chamness). 12

Copies of the Senate District 28 ballot and Secretary Bowen’s certified list of candidates have been attached, respectively, as Exhibits 1 and 2 to the Mar. 11, 2011 Dutta Declaration. Secretary Bowen argues that the ballot label of “Independent” would somehow “confuse” voters and “undermine” the political advantages enjoyed by the major parties. Yet by that logic, voters have been “confused” and the major parties have been “undermined” for over a century: it is undisputed that California candidates had been able to use the “Independent” ballot label between 1891 and 2010. Complaint ¶¶22-23. Moreover, the Minnesota Supreme Court has expressly ruled that the “Independent” ballot label “fosters no confusion” as a matter of law – even though Minnesota had an “Independent-Republican” Party at the time of its decision. Shaw v. Johnson, 247 N.W. 2d 921, 923 (Minn. 1976). Finally, Secretary Bowen disingenuously claims that the terms “Independent” and “No Party Preference” are identical as a matter of law. However, the Massachusetts Supreme Court has expressly rejected precisely such an argument. In Bachrach v. Commonwealth, the Massachusetts High Court made it clear that all candidates have the constitutional right to a ballot label of “Independent”. In so doing, Bachrach held that it was unconstitutional to force candidates to use a ballot label of “Unenrolled” – a term identical in meaning to “No Party Preference”. Bachrach, 415 N.E.2d 832, 836 (Mass. 1981). 13

Rubin, supra note 7, 308 F.3d at 1015. 14

Moving Papers, at 11:7-12:2.

Case 2:11-cv-01479-ODW -FFM Document 49 Filed 03/11/11 Page 5 of 14 Page ID #:725Case: 11-56449 03/15/2012 ID: 8106192 DktEntry: 58 Page: 91 of 103

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- 6 - REPLY BRIEF IN SUPPORT OF MOTION FOR

PRELIMINARY INJUNCTION

Bowen made a binding party admission that SB 6’s Party Preference Ban is

unlawful.15

Tellingly, Secretary Bowen cited no legal authority to refute Plaintiff

Chamness’ claim that the email correspondence constituted a binding admission

under the Federal Rules of Evidence.16

Consequently, Secretary Bowen has

conceded that SB 6’s Party Preference Ban is unlawful.

IV. It Is Beyond Dispute That SB 6 Will Ban Mr. Chamness from Using the

Ballot Label of “Independent” in the Looming Congressional Election

Equally important, Secretary Bowen, Registrar Logan, and Intervenors have

all conceded another critical point: this is not a facial challenge. It is undisputed

that both Secretary Bowen and Registrar Logan have already applied SB 6’s Party

Preference Ban on Plaintiff Chamness in the Senate District 28 special election, by

banning him from using the ballot label of “Independent”. Unless they are

enjoined, Secretary Bowen and Registrar Logan will apply SB 6’s Party Preference

Ban on Plaintiff Chamness once again – and they will again ban him from using the

ballot label of “Independent” in the looming Congressional Election.17

V. It Is Beyond Question that SB 6 Violates the Elections Clause

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Moving Papers, at 11:21 n.47 (citing Federal Rules of Evidence §§801(d)(2), 801 (d)(2)(C), and 803(8)). Intervenors argue that the correspondence from Secretary Bowen’s office did not constitute an admission, allegedly because the words “not permissible” do not mean “unlawful”. However, their argument fails because for two reasons. First, Secretary Bowen – whose own staff sent the emails at issue – did not raise that argument. Second, Merriam Webster’s online dictionary listed the following words as antonyms of “permissible”: banned, barred, forbidden, prohibited, verboten. Merriam-Webster’s online dictionary, available at http://www.merriam-webster.com/dictionary/permissible (last visited Mar. 9, 2011). 16

Secretary Bowen’s Opposition, at 15:10-15:13. Contrary to Secretary Bowen’s claims, the email correspondence from her office has been authenticated. Plaintiff Chamness’ Request for Judicial Notice, at 2:19-2:23; Mar. 11, 2011 Declaration of Gautam Dutta ¶2. 17

In our Moving Papers, Plaintiff Chamness showed that (SB 6-amended) Elections Code §325 bans minor-party candidates from using the ballot label of “Independent”. Moving Papers, at 9:14-9:16 & nn. 37-38). Because neither Secretary Bowen nor Intervenors’ Oppositions contested that point, they have waived their right to challenge it. E.g., People v. Boyd, 700 P.2d 782, 24 Cal.3d 285, 294 n.6 (Cal. 1979) (“[A]ny point not appearing in a party’s brief will ordinarily be deemed waived.”) (emphasis added). Moreover, as our Opposition to the Motion to Intervene showed, the doctrine of judicial estoppel bars Intervenors from contradicting their previous interpretation of SB 6’s Party Preference Ban. Plaintiff’s Mar. 1, 2011 Opposition Motion to Intervene, at 7:13-8:4 (citing Russell v. Rolfs, 893 F.2d 1033, 1037 (9

th Cir. 1990)).




EXHIBIT 7


DB11:064 FOR IMMEDIATE RELEASE Contact: Nicole Winger December 19, 2011 (916) 653-6575

Americans Elect Party Qualifies for California Ballot SACRAMENTO – For the first time since 1995, the California Secretary of State today certified a new political party. The qualification of the Americans Elect Party brings to seven the number of political parties to appear on California’s 2012 ballots. The qualified political parties and the year each qualified in California are:

Party Year Qualified American Independent 1968 Americans Elect 2011 Democratic 1910 Green 1992 Libertarian 1980 Peace and Freedom 1968* Republican 1910

*The Peace and Freedom Party initially qualified in 1968 but lost its status in 1998; it qualified again in 2003.

The last political bodies to qualify were the Reform Party and the Natural Law Party, both in 1995. The Reform Party lost its status in 2002 and the Natural Law Party lost its status in 2006. Political bodies can qualify for the California ballot in one of two ways: by registering 103,004 voters specifying that party preference (one percent of the total number of votes cast in the November 2, 2010, General Election) or by collecting petition signatures of 1,030,040 registered voters (10 percent of the total number of votes cast in the November 2, 2010, General Election). The Americans Elect Party chose to submit petition signatures. After a political body submits petition signatures to county elections offices, the county offices report the raw counts of signatures to the California Secretary of State – the state’s chief elections officer. If the total raw number of signatures reaches the required minimum, the Secretary of State instructs county elections officials to begin verifying the validity of the

– MORE –


DB11:064 December 19, 2011 Page 2 signatures using a random sampling method. (For random sampling, the state Elections Code requires county elections officials to verify 500 signatures, or three percent of the number of signatures filed in the county, whichever is greater. Counties receiving fewer than 500 petition signatures are required to verify all the signatures filed in their elections offices.) A political body can qualify via random sampling, without further verification, if the sampling projects a number of valid signatures greater than 110 percent of the required number. After the American Elect Party failed to qualify at the random sampling stage, county elections officials moved to a full check of every petition signature submitted. The Americans Elect Party exceeded the signature threshold today. Since California’s statewide party nomination process began in 1910, 18 political bodies have qualified as parties. For more information about political party qualification in California, go to www.sos.ca.gov/elections/political-party-qualification.htm. The deadline for political bodies attempting to qualify for the June 5, 2012, California Presidential Primary ballot is January 22, 2012. Keep up with the latest California election news and trivia by following @CASOSvote on Twitter. To sign up for ballot measure updates via email, RSS feed or Twitter, go to www.sos.ca.gov/multimedia.

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EXHIBIT 8




EXHIBIT 9


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1 Answer to First Amended Complaint (11-CV-01479)

KAMALA D. HARRIS Attorney General of California ZACKERY P. MORAZZINI Supervising Deputy Attorney General GEORGE WATERS Deputy Attorney General State Bar No. 88295

1300 I Street, Suite 125 P.O. Box 944255 Sacramento, CA 94244-2550 Telephone: (916) 323-8050 Fax: (916) 324-8835 E-mail: [email protected]

Attorneys for Defendant Debra Bowen, California Secretary of State

IN THE UNITED STATES DISTRICT COURT

FOR THE CENTRAL DISTRICT OF CALIFORNIA

MICHAEL CHAMNESS,

Plaintiff,

v.

DEBRA BOWEN, in only her official capacity as California Secretary of State; DEAN LOGAN, in only his official capacity as Registrar-Recorder / County Clerk of the County of Los Angeles; and DOES 1-20,

Defendants.

2:11-CV-01479 ODW (FFMx)

ANSWER OF DEFENDANT DEBRA BOWEN, CALIFORNIA SECRETARY OF STATE, TO FIRST AMENDED COMPLAINT

Courtroom: 11 Judge: The Honorable Otis D. Wright, II Trial Date: N/A Action Filed: February 17, 2011


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4 Answer to First Amended Complaint (11-CV-01479)

14. Regarding paragraph 31, defendant admits that John V. Hager (23rd CD),

Nicholas Dibs (37th CD), and Cecilia Iglesias (47th CD) appeared on the

November 2, 2010 general election ballot as “Independent.” Except as expressly

admitted, each allegation is denied.

15. Regarding paragraph 39, defendant admits that in 2009 the State faced a

large budget deficit, and that a two-thirds majority of each house of the state

legislature was needed to pass a budget. Except as expressly admitted, each

allegation is denied.

16. Regarding paragraph 40, defendant admits that then-State Senator Abel

Maldonado voted for the budget bill in 2009. Except as expressly admitted, each


17. Regarding paragraph 49, defendant admits that on June 8, 2010,

California voters approved Proposition 14. Except as expressly admitted, each


18. Regarding paragraph 53, defendant admits that a copy of one page of the

SD 28 special election sample ballot is attached to the first amended complaint as

Exhibit 1, and that the words “No Party Preference” appear below his name on that

sample ballot. Except as expressly admitted, each allegation is denied.

19. Regarding paragraph 55, defendant admits that on August 3 and 11,

2010, employees of the Secretary of State communicated with employees of then-

Lieutenant Governor Abel Maldonado regarding SB 6, and that copies of two

emails from employees of the Secretary of State are attached to the complaint as

Exhibit 2. Those emails speak for themselves and are the best evidence of their

terms. Defendant objects to the incorporation of Exhibit 2 on the ground that it is

not a proper subject for judicial notice. Except as expressly admitted, each


20. Regarding paragraph 62, defendant admits that Exhibit 10 to the first

amended complaint is a copy of a document that appears on the Secretary of State’s
