California Legislature Returns on August 20

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.


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California Legislature Returns on August 20 — No Comments

  1. 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

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