California, despite losing the lawsuit San Francisco County Democratic Central Committee v Eu in the U.S. Supreme Court in 1989, still regulates political parties to an unusual degree. California Election Code section 7300 tells the Republican Party that “the Republican nominees for Governor, Lieutenant Governor, Treasurer, Controller, Attorney General, and Secretary of State…shall act as presidential electors.”
This law has several problems. First, because voters passed Proposition 14 in 2010, parties in California no longer have nominees (except for President, Vice-President and presidential elector). Second, even if the law is interpreted to mean mere members of the Republican Party who appeared on the November 2014 ballot with a Republican preference label, should Neel Kashkari become a Republican candidate for presidential elector in 2016? He was the only person who ran for Governor in November 2014 with a preference for the Republican Party. However, he is now head of the Federal Reserve Bank of Minneapolis. The U.S. Constitution, Article II, says no one can be an elector who holds “an office of trust or profit under the United States.”
The California Secretary of State’s office says it has no opinion as to whether an officer of the Federal Reserve is eligible or not, and that the Republican Party will decide. But the California Republican Party says it expects the Secretary of State to advise it on this matter. Thanks to Mark Seidenberg for this news.
Nothing in the U.S. Constitution, or in California election law, says candidates for presidential elector from California must be California residents.
Elections Code 6905 requires that any replacement elector must be a California citizen. It would be odd that an elected elector did not have to be a citizen, but a replacement would be.
Also, the oath of office under Article 20, Section 3 requires citizenship.
Carly Fiorina is the only Republican nominee under Section 7300, but she is now a resident of Virginia. The Republican leaders of the legislature can be defined as such even if they were not the party’s nominee at their latest election.
https://pcl.uscourts.gov/view?rid=13OTbBoXk7GXPnwjkX18bi5N1aDfuAn2QoSaPC6a&page=1
Civil Results
Party Name Court Case NOS Date Filed Date Closed
1 NATURAL BORN CITIZEN PARTY NATIONAL COMMITTEE (pla) dcdce 1:2015-cv-01036 895 06/30/2015 07/06/2015
2 Natural Born Citizen Party National Committee (mov) txsdce 1:2014-cv-00254 899 12/03/2014
Appellate Results
Party Name Court Case NOS Date Filed Date Closed
3 Natural Born Citizen Party National Committee (pty) 03cae 15-3463 1 10/15/2015 11/19/2015
4 Natural Born Citizen Party National Committee (pty) 03cae 15-3759 1 11/17/2015
5 Natural Born Citizen Party National Committee (pty) 09cae 15-80195 1 11/18/2015
6 Natural Born Citizen Party National Committee (pty) dccae 15-5218 2895 07/31/2015
7 Natural Born Citizen Party National Committee (pty) dccae 15-5251 1 09/09/2015
8 Natural Born Citizen Party National Committee, et al. (pty) 01cae 15-2379 1 11/17/2015
Sent from my iPhone
Civil Results
Party Name Court Case NOS Date Filed Date Closed
1 NATURAL BORN CITIZEN PARTY NATIONAL COMMITTEE (pla) dcdce 1:2015-cv-01036 895 06/30/2015 07/06/2015
2 Natural Born Citizen Party National Committee (mov) txsdce 1:2014-cv-00254 899 12/03/2014
Appellate Results
Party Name Court Case NOS Date Filed Date Closed
3 Natural Born Citizen Party National Committee (pty) 03cae 15-3463 1 10/15/2015 11/19/2015
4 Natural Born Citizen Party National Committee (pty) 03cae 15-3759 1 11/17/2015
5 Natural Born Citizen Party National Committee (pty) 09cae 15-80195 1 11/18/2015
6 Natural Born Citizen Party National Committee (pty) dccae 15-5218 2895 07/31/2015
7 Natural Born Citizen Party National Committee (pty) dccae 15-5251 1 09/09/2015
8 Natural Born Citizen Party National Committee, et al. (pty) 01cae 15-2379 1 11/17/2015
Sent from my iPhone
Cal. election code 6905 only relates to replacement presidential electors.
Richard Winger is correct as to the California Election Code.
In 2008 that Section of the code was not followed. When the
election took place in November, 2008, one of the Presidential
electors on the Democratic Party list was dead. The Chairman
made an appointment of a new Presidential Elector and the
Secretary of State accepted the additional person without getting elected by the people of California.
That proposed presidential elector died in Northern California prior to her appointment by the U. S. Congressman that made the appointment.
Jim Riley,
IS Carly Florina also a resident of the Commonweath of Virginia?
One question is where is her current domicile? What indicia
do you have on Florina domicle?
Sincerely, Mark Seidenberg, Chairman, American Independent Party of California
She filed for the New Hampshire presidential preference primary with an Alexandria, VA address.
Article XX, Section 3 of the Constitution applies to all officers.
Ben Carson filed for the NH Republican presidential primary with a Virginia address, even though he lives and is registered to vote in Florida. So although I do believe Fiorina lives in Virginia, one can’t be certain from the NH filings where people actually live.
The same California Election Code Section 7300 also states that “… Senators, Representatives, and persons holding an office of trust or profit of the United States shall not act as electors.” So if Neel Kashkari is considered to be holding an office of trust or profit of the U.S., then Section 7300 automatically would exclude him from being an elector without having to deal with the U.S. Constitution problem.
Of course, this doesn’t resolve the question of why the state law should designate certain people as electors merely for having been candidates of the party in prior elections. It’s certainly a possibility that one of the Republican candidates for statewide office two years before might have become disenchanted with the national Republican ticket and not want to serve as an elector for them.
The equivalent section for the Democratic Party has been updated since the Top 2 reforms went into place.
Election Code 7100 specifies that the top Democratic vote-getter in each congressional district names an elector. Formerly, it was the Democratic nominee from each congressional district who named the presidential elector.
With CC/ROV # 15161 memorandum of November 24, 2015, I would be
interested to know the county districts vote count for the General Election of 1994, since that was the last election prior
to the enactment pf Prop. 198. I note the requirements under
CA Election Code for membership in the CAGOP county central
committee’s work of those numbers. I do note the the boundaries
have changed over the years. I believe though there have been very little change at the smallest units with the state.
Any idea of sources with those numbers of registration sub-totals.
Sincerely, Mark Seidenberg, Chairman, American Independent
Party of Clifornia