Partisan Presidential Primary Elections. Legislative Initiative Amendment.
	Proposition 3 - Full Text of the Proposed Law

This law proposed by Senate Bill 1505 (Statutes of 1998, Chapter 147) is submitted to the people in accordance with the provisions of Article II, Section 10 of the California Constitution.

This proposed law amends sections of the Elections Code; existing provisions proposed to be deleted are printed in strikeout type and new provisions proposed to be added are printed in italic type to indicate that they are new.

PROPOSED LAW

SECTION 1. This act shall be known and may be cited as the Save the Presidential Primary Act of 1998.

SEC. 2. Section 2151 of the Elections Code is amended to read:

2151. At the time of registering and of transferring registration, each elector may declare the name of the political party with which he or she intends to affiliate at the ensuing primary election. The name of that political party shall be stated in the affidavit of registration and the index.

The voter registration card shall inform the affiant that any elector may decline to state a political affiliation, and that all properly registered voters may vote for their choice at any primary election for any candidate for each office regardless of political affiliation and without a declaration of political faith or allegiance , but no person shall be entitled to vote the ballot of any political party for delegates to a party's presidential nominating convention unless the person has stated the name of that party with which he or she intends to affiliate . The voter registration card shall include a listing of all qualified political parties.

Notwithstanding any provision to the contrary, no person shall be permitted to vote the ballot for any elective political party central or district committee member other than the party designated in his or her registration, except as provided by Section 2152.

SEC. 3. Section 13203 of the Elections Code is amended to read:

13203. (a) Across the top of the ballot shall be printed in heavy-faced gothic capital type not smaller than 30-point, the words "OFFICIAL BALLOT." However, if the ballot is no wider than a single column, the words "OFFICIAL BALLOT" may be as small as 24-point. Beneath this heading, in the case of an official primary election, shall be printed in 18-point boldfaced gothic capital type the words "OFFICIAL PRIMARY BALLOT." Beneath the heading line or lines, there shall be printed, in boldface type as large as the width of the ballot makes possible, the number of the congressional, Senate, and Assembly district, the name of the county in which the ballot is to be voted, and the date of the election.

(b) Partisan ballots used in a presidential primary election for selection of delegates for a party's presidential nominating convention shall prominently specify the name of the political party.

SEC. 4. Section 13206 of the Elections Code is amended to read:

13206. (a) On the official primary ballot used in a direct primary election, immediately below the instructions to voters, there shall be a box one-half inch high enclosed by a heavy-ruled line the same as the borderline. This box shall be as long as there are columns for the ballot and shall be set directly above these columns. Within the box shall be printed in 24-point boldfaced gothic capital type the words "Partisan Offices."

(b) The same style of box described in subdivision (a) shall also appear over the columns of the nonpartisan part of the official primary ballot and within the box in the same style and point size of type shall be printed "Nonpartisan Offices."

(c) This section shall not apply to partisan presidential primary ballots or ballots for elective political party central or district committee members prepared in accordance with Section 13300.

SEC. 5. Section 13300 of the Elections Code is amended to read:

13300. (a) By at least 29 days before the primary election, each county elections official shall prepare identical sample ballots for each voter , ; provided , however, that (1) in the case of ballots involving elective political party central or district committee members, each county elections official shall prepare separate ballots for the sole use of persons registered with that party, as provided for in Section 2151 , and (2) in the case of partisan primary ballots involving the selection of delegates to the presidential nominating convention of a political party, each county elections official shall prepare separate ballots for the sole use of persons registered with that political party . On the official identical primary ballots, each county elections official shall place thereon in each case in the order provided in Chapter 2 (commencing with Section 13100), and under the appropriate title of each office, the names and party affiliations of all candidates organized randomly as provided in Section 13112 and not grouped by political party, for whom nomination papers have been duly filed with him or her or have been certified to him or her by the Secretary of State to be voted for in his or her county at the primary election.

(b) The sample ballots shall be identical to the official ballots and partisan presidential primary ballots , except as otherwise provided by law. The sample ballots shall be printed on paper of a different texture from the paper to be used for the official ballot.

(c) Except as provided in Section 13230, one sample official primary ballot shall be mailed to each voter entitled to vote at the primary not more than 40 nor less than 10 days before the election.

SEC. 6. Section 13301 of the Elections Code is amended to read:

13301. (a) At the time the county elections official prepares sample partisan ballots for the presidential primary, he or she shall also prepare a list with the name of candidates for delegates for each political party. The names of the candidates for delegates of any political party shall be arranged upon the list of candidates for delegates of that party in parallel columns under their preference for President. The order of groups on the list shall be alphabetically according to the names of the persons they prefer appear upon the ballot. Each column shall be headed in boldface 10-point, gothic type as follows: "The following delegates are pledged to ________________." (The blank being filled in with the name of that candidate for presidential nominee for whom the members of the group have expressed a preference.) The names of the candidates for delegates shall be printed in eight-point, roman capital type.

(b) Copies of the list of candidates for delegates of each party shall be submitted by the county elections official to the chairman of the county central committee of that party, and the county elections official shall post a copy of each list in a conspicuous place in his or her office.

SEC. 7. Section 13302 of the Elections Code is amended to read:

13302. The county elections official shall forthwith submit the sample official primary ballot and partisan primary ballot, if any, to the chairperson of the county central committee of each political party, and shall mail a copy to each candidate for whom nomination papers have been filed in his or her office or whose name has been certified to him or her by the Secretary of State, to the post office address as given in the nomination paper or certification. The county elections official shall post a copy of the sample ballot or ballots in a conspicuous place in his or her office.