The California legislature re-convenes on Monday, August 20. Interesting election laws somewhat likely to pass in the next 30 days are: SB 37, the National Popular Vote Plan for presidential elections; SB 439, which would legalize write-ins when the voter forgets to “x” the box next to the name written in; AB 1294 and AB 1662, expanding use of ranked-choice voting; and SB 408, which restricts who may circulate an initiative petition.
Legislation
LONGISH, SORRY, BUT THIS IS HISTORIC,
THE BABY STEPS TO THE BEGINNING OF THE
END OF THE ELECTORIAL COLLEGE….
This legislation has been filed with the
[CALIFORNIA] Attorney General on May 10, 2007
The initiative will amend the Election Code, Sections 6900, 6901, 6903, and 6909,
and to repeal Sections 7100, 7300, 7578, and 7843.
PRESIDENTIAL ELECTORS
Existing law provides for statewide election of a slate of
electors to vote in the electoral college for President and Vice
President of the United States. Under existing law, the electors of
the political party who receive the highest number of votes statewide
are certified as the state’s presidential electors. Under existing
law, each political party selects its slate of presidential electors
in accordance with statutory procedure that differ by party.
This initiative would repeal existing procedures for selection of
presidential electors, and instead require that political parties nominate
an elector in each congressional district and 2 electors on a statewide
basis, in accordance with the rules of the political party with which the
elector is affiliated. Under the initiative, an elector selected on the
basis of a congressional district is required to be a resident of that
district and an elector selected on a statewide basis is required to
be a resident of the state. Under the initiative, an elector would be
required to be a
member of the political party that nominates the elector at the time of
the nomination and during the 4 years preceding the nomination, unless the
political party was not registered as a party during that period. The
initiative would require each elect or nominee to sign a pledge that he
or she will cast his or her ballot for the candidates for President and
Vice President of the United States who receive the plurality of votes
in the congressional district in which the elector is nominated, or who
receive the plurality of votes in the state in the case of the two electors
selected on a statewide basis, unless those candidates are no longer alive
at the time the elector’s vote is cast. The initiative would authorize a
political party to replace an elector who becomes disqualified to serve as
an elector, or who expresses an intent to violate his or her pledge to vote
for specified Presidential and Vice Presidential candidates, with a person
who meets these requirements.
The initiative would further provide that if a political party does not
have rules concerning the procedure for selecting electors by the time
electors must be selected, the presidential candidate for the party shall
select the electors.
Existing law requires the Governor to deliver a list of the names of
electors to the electors on or before the day of the electors’ meeting.
This bill would require the Secretary of State to deliver the list
instead of the Governor.
Existing law provides that electors be compensated for their services
and reimbursed for mileage to and from the State Capitol, as specified.
This initiative would eliminate that authorization for compensation to
electors or reimbursement of their expenses.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6900 of the Elections Code is amended to read:
6900. (a) The term “elector” or “presidential elector” as used in
this chapter means an elector of President and Vice President of the United
States, and not an elector as defined in Section 321.
(b) An elector shall be nominated in each congressional district and two
electors on a statewide basis in accordance with the rules of the political
party with which the elector is affiliated, subject to the following
requirements:
(1) An elector selected on the basis of a congressional district must be
a resident of that district.
(2) An elector selected on a statewide basis shall be a resident of
the state.
(3) An elector shall be a member of the political party that nominated
the elector at the time of nomination and shall have been a member of that
political party for the preceding four years, unless the political party
was not qualified under Division 5, during that four-year period.
(4) An elector shall sign a pledge that he or she shall cast his or her
ballot for the candidates for President and Vice President of the United
States who receive the plurality of votes in the congressional district in
which the elector is nominated, or who receive the plurality of votes in
the state in the case of an electors elected on a statewide basis, provided
that those candidates are alive at the time the vote is cast.
(5) If an elector is disqualified to serve as an elector because of his
or her failure to meet the applicable requirements of paragraphs (1) to (4),
inclusive, or if the elector expresses a intent to violate his or her pledge
signed pursuant to paragraph (4),the political party that nominated the
elector may replace the elector with a person who meets these requirements.
(6) If a political party does not have rules concerning the procedure for
selecting electors by the time that electors are required to be selected,
the presidential candidate for that political party shall select the electors.
SEC. 2. Section 6901 of the Elections Code is amended to read:
6901. Whenever a political party selects nominees for electors of
President and Vice President of the United States in accordance with
Section 7100, 7300,7578, or 7843, submits 6900, the party shall submit
to the Secretary of State its a certified list of nominees for electors
of President and Vice President of the United States, the . The Secretary
of State shall notify each candidate for elector of his or her nomination by
the party. The Secretary of State shall also cause the names of the candidates
for President and Vice President of the several political parties to be placed
upon the ballot for the ensuing general election.
SEC. 3. Section 6903 of the Elections Code is amended to read:
6903. On or before the day of meeting of the electors, the Governor
Secretary of State shall deliver to the electors a list of the names of
electors, and he or she shall perform any other duties relating to presidential
electors which are required of him or her by the laws of the United States.
SEC. 4. Section 6909 of the Elections Code is amended to read:
6909. Each presidential elector shall receive ten dollars ($10) for his or
her services, and mileage at the rate offive cents ($0.05) per mile for each
mile of travel from his or her domicile to the State Capitol and return.
Their accounts therefore shall be certified by the Secretary ofState,
and audited by the Controller, who shall draw his or her warrants for the
same on the Treasurer, payable out of the General Fund. Presidential electors
shall receive no compensation for their services, nor shall electors be
reimbursed for travel or other expenses incurred in the performance of their
duties as electors.
SEC. 5. Section 7100 of the Elections Code is repealed.
7100. In each year of the general election at which electors of President
and Vice President of the United States are to be chosen,each congressional
nominee shall designate one presidential elector and shall file his or her name,
residence and business address withthe Secretary
of State by October 1 of the presidential election year. Each United States
senatorial nominee, determined by the last
two United States senatorial elections, shall designate one presidential elector
and shall file his or her name, residence and
business address with the Secretary of State by October 1 of the presidential
election year. In the event there is no United States
senatorial nominee or no congressional nominee in any particular district, the
state chairperson shall designate one presidential
elector for each vacancy and shall file his or her name, residence and business
address with the Secretary of State by October 1 of the
presidential election year.
SEC. 6. Section 7300 of the Elections Code is repealed.
7300. In each year of the general election at which electors ofPresident
and Vice President of the United States are to be chosen,
the Republican nominees for Governor, Lieutenant Governor, Treasurer,Controller,
Attorney General, and Secretary of State, the Republican
nominees for United States Senator at the last two United States senatorial
elections, the Assembly Republican leader, the Senate
Republican leader, all elected officers of the Republican State Central
Committee,
the National Committeeman and National
Committeewoman, the President of the Republican County Central Committee
Chairmen’s Association, and the chairperson or president of
each Republican volunteer organization officially recognized by the Republican
State Central Committee shall act as presidential electors, except that Senators,
Representatives, and persons holding an office of trust or profit of the United
States shall not act as
electors. The remaining presidential elector positions, and any vacant positions,
shall be filled by appointment of the chairperson
of the Republican State Central Committee in accordance with the bylaws of the
committee. The name, residence address, and business
address of each appointee shall be filed with the Secretary of State by October
1 of the presidential election year. The Republican State
Central Committee shall adopt bylaws implementing this section.
SEC. 7. Section 7578 of the Elections Code is repealed.
7578. In each year of the general election at which electors of President and
Vice President of the United States are to be chosen,the convention shall also
nominate as the candidates of its party as many electors of President and Vice
President of the United States asthe state is then entitled to, and shall certify
the name of each elector nominated, and his or her residence address to the
Secretaryof State.
SEC. 8. Section 7843 of the Elections Code is repealed.
7843. In each year of the general election at which electors of President and
Vice President of the United States are to be chosen,the convention meeting of
the state central committee shall also nominate as the candidates of its party
as many electors of President and Vice President of the United States as the state
is then entitled to, 50 percent of whom shall be women and 50 percent men,unless
an odd number of electors is to be chosen, in which case the difference between
the number of women and men shall be not more than one. The chairperson of the
state central committee shall certify the name of each elector nominated, and
the elector’s residence address to the Secretary of State.
Severability: If any provisions of this Act, or part of thereof is for any
reason held to be invalid or unconstitutional, the remaining provisions shall
not be affected, but shall remain in full force and effect, and to this end
the provisions of this Act are severable.
END