California Assemblymember Christopher M. Ward (D-Coronado) has introduced AB 930. Among other things, it would require some write-in candidates to pay a filing fee if they want their write-ins in the primary counted. However, in 1974, the California State Supreme Court ruled in two decisions that it is unconstitutional to charge filing fees for write-in candidates. Donovan v Brown, 11 Cal 3d 571; and Knoll v Davidson, 12 Cal 3d 335.
The reason is that the U.S. Supreme Court said in 1974 that filing fees are unconstitutional unless they are needed to keep ballots from being crowded. And write-in candidates do not contribute to ballot clutter. Other courts that have made similar rulings are the Fourth Circuit (invalidating Maryland’s filing fees for write-in candidates in 1989) and a U.S. District Court in West Virginia in 2000.
14-2 amdt violation
If a candidate has to pay a filing fee, then that candidate ought to have his name on the ballot.
@WZ,
Under California’s Top 2 system, a write-in candidate may qualify for the general election if there is only one on-ballot candidate. Second place is second place even if the votes are 57,083 for first place and 284 for second place (write-in).
It is these “some” write-in candidates that are covered under the proposed legislation.
Curiously, the author of the bill, Christopher Ward was unopposed in the primary, and there were no write-in candidates, so he was also unopposed in the general election.
AB 930 as introduced would have change a “his or her” to “their” that is ALL.
It was then stuffed full of provisions related to merging precincts, and provisions regarding details of recounts, etc. And the little provision that Ward might think would somehow benefit him. Contemptible.
California should move the first election to October and permit election in the first election, just as is the case for California elections where there are no party labels. If no candidate has a majority, then the Top N candidates where their share of the vote total is greater than N/(N+1) should advance to the November election. Repeat as necessary.
Alternatively, the filing fee should be a closed bid by filing candidates. The 5th highest bid should establish the actual final fee. Any candidates who paid more than that amount will be refunded the excess. Any candidates who paid less, can pay the difference and appear on the ballot.
Or the salary of an elected official should be based on their filing fee. Currently, the filing fee for an Assemblyman is 1% of their annual salary (1% of $132,703 is $1,327.03). If someone paid a filing fee of $100 and they were elected they would be paid $10,000.
Too bad they can’t do standing count yet.