Top Two Candidates Open Primary Act Implementation Presented by: Rachelle Delucchi – Secretary of State

November 23, 2011 CCROV #11126 Purpose – First statewide election under the Top Two Candidates Open Primary Act – Uniformity for Upcoming Statewide Elections – Implementation Guidelines

November 23, 2011 CCROV #11125 Introduction Top Two Candidates Open Primary Act Created and implemented by: Proposition 14 (June 2010 ballot) Senate Bill 6 (Chapter 1, Statutes of 2009) Voter-Nominated Offices All offices that were formerly known as “partisan offices,” except: U.S. President County Central Committees Voter-nominated offices: state constitutional, congressional, and state legislative offices “Political party affiliation” is now known as “political party preference”

Documents from SOS NOMs New: Any registered voter may sign any candidate’s nomination papers,regardless of party preference or lack thereof

Documents from SOS SILS New: All signatures on SIL can be counted as nomination signatures

Documents from SOS D/C New: Party preference-candidate may indicate party preference or lack thereof New: 10-year party preference/voter registration history

Candidates for Voter-Nominated Offices Pre Top Two Three Types of Candidates 1) Candidates using party nomination process (primary only) 2) Write-in candidates (primary and general) 3) Candidates using the independent nomination process (general only) After Primary Top vote getter from each party goes to general Write-in candidate with votes equal in number to 1% of all votes cast for that office at the last general election for that office. At General Write-in candidates were allowed Candidates using independent nomination process allowed

Candidates for Voter-Nominated Offices Under Top Two Three types of candidates, but... 1) Candidates using voter nomination process (primary only) 2) Write-in candidates (primary only) 3) Candidates using the independent nomination process (general only, but only in one very limited circumstance) All Candidates Must Run in the Primary After Primary Only advance to general if candidate is one of the top two vote getters At General Write-in candidates not allowed If a person’s name is written in, it is not counted Candidates using independent nomination process allowed, but only if no candidate is nominated for that office at the primary election.

Language and Layout for Ballot and Sample Ballot Primary Ballot Elections Code §13206(a) Party-Nominated Offices (i.e., U.S. President, county central committees) Elections Code §13206(c) Voter-Nominated Offices – in 2012, no statewide nonpartisan office (i.e., Superintendent of Public Instruction) Sample Ballot Booklets and All Booklets Same information from CCROV #11125 Conflicting language in Elections Code §§13105 & 13107, so…direction : Name of Candidate Political Party Identification Sentence (e.g., “Party Preference:__”) Ballot Designation

Other Duties List of Precinct Board Members Indicate their party preference or lack thereof List of Party-Endorsed Candidates (E-83) Any political party can timely submit a list to county and county must include it in sample ballot Political party does not pay for this service New Notice to be included in Precinct Supplies SOS will provide the notice to counties Notice must be placed inside and outside every polling place

November 23, 2011 CCROV #11125 Purpose – First Statewide Election Under the Top Two Candidates Open Primary Act – Uniformity for Upcoming Statewide Elections – Addresses Designation of Political Party Preference on Ballot and Sample Ballot

Elections Code § 13105(a) Specific and cumbersome designation language Immediately to the right of and on the same line as candidate name or below if not enough room: 1. Candidate designates a political party: “My party preference is the ______ Party.” 2. Candidate designates no political party: “No Party Preference” 3. If the candidate chooses not to have party preference listed on the ballot, the space that would be filled with a party preference designation shall be left blank. Ballot printing challenges with above language Confusion as to the 3 rd option

SOS Direction to Counties As a result of issues with Elections Code § 13105(a) Gathered input from counties – workable plan for all Direction for Political Party Designation: 1. Candidate designates a political party: “Party Preference: ____” 2. Candidate designates no political party: “Party Preference: None” 3. If the candidate chooses not to have his or her party preference listed on the ballot: “Party Preference: Not Given”

SOS Direction to Counties (cont’d) Use of Abbreviations for Political Parties If need to abbreviate political party name for one candidate: Use abbreviations for all candidates/contests throughout the ballot Provide list of abbreviations in sample ballot, at polling place, and in information mailed to vote-by-mail voters Abbreviations for Political Parties for Political Party Designation DEM – Democratic REP – Republican AI – American Independent GRN – Green LIB – Libertarian PF – Peace and Freedom Not Given – no abbreviation for this designation

Top Two Candidates Open Primary Act Implementation Questions?