California Secretary of State Implements Part of “Top-Two” Law in a Strange Fashion, Concerning Prior Registration History of Candidates

California is holding two special State Senate elections on February 15. They are the first two elections in which Prop. 14 and its implementing language is in effect. SB 6, the implementing language, says that the Secretary of State’s web page must post “in a conspicuous place, the party preference history of each candidate for voter-nominated office for the preceding 10 years.” See section 8121 of the election code. Under Prop. 14 and its implementing language, a “party preference” must be whatever is indicated on that candidate’s affidavit of registration.

Here is the Secretary of State’s web page for the candidates for State Senate, 28th district. The Secretary of State does not seem to have followed the law, on two points. First, the web page does not give a 10-year history for four of the candidates. Kevin Thomas McGurk’s entry is just, “Democrat” and “2000”, which leaves one wondering what about 2001 to 2011? Martha Flores Gibson’s entry is just, “Republican” and “2010-2011”, which again leaves one wondering about the years 2001-2009. Michael Chamness entries are “No party preference” and “2010”, again leaving the reader wondering about prior years. And Mark Lipman entries are “No party preference” and “2008-present”, again leaving a time gap.

Also, the law says that a candidate’s “party preference” is as disclosed on the candidate’s most recent statement of registration (see sections 7000 and 8002.5 of the election code). Michael Chamness’ affidavit of voter registration says he is a member of the Coffee Party. Although no one had expected the February 15 ballot to say, under Chamness’ name, “My party preference is the Coffee Party”, most people probably thought that the Secretary of State’s web page would include the information that he is registered in the Coffee Party. It is not a true statement that Chamness’ voter registration form says he has ‘no party preference.” The Secretary of State does not seem to be following the law.

The other special election, for the 17th State Senate district, only has two candidates, a Republican and a Democrat, and the web page for that race has no time gaps.

California Secretary of State Implements Part of "Top-Two" Law in a Strange Fashion, Concerning Prior Registration History of Candidates

California is holding two special State Senate elections on February 15. They are the first two elections in which Prop. 14 and its implementing language is in effect. SB 6, the implementing language, says that the Secretary of State’s web page must post “in a conspicuous place, the party preference history of each candidate for voter-nominated office for the preceding 10 years.” See section 8121 of the election code. Under Prop. 14 and its implementing language, a “party preference” must be whatever is indicated on that candidate’s affidavit of registration.

Here is the Secretary of State’s web page for the candidates for State Senate, 28th district. The Secretary of State does not seem to have followed the law, on two points. First, the web page does not give a 10-year history for four of the candidates. Kevin Thomas McGurk’s entry is just, “Democrat” and “2000”, which leaves one wondering what about 2001 to 2011? Martha Flores Gibson’s entry is just, “Republican” and “2010-2011”, which again leaves one wondering about the years 2001-2009. Michael Chamness entries are “No party preference” and “2010”, again leaving the reader wondering about prior years. And Mark Lipman entries are “No party preference” and “2008-present”, again leaving a time gap.

Also, the law says that a candidate’s “party preference” is as disclosed on the candidate’s most recent statement of registration (see sections 7000 and 8002.5 of the election code). Michael Chamness’ affidavit of voter registration says he is a member of the Coffee Party. Although no one had expected the February 15 ballot to say, under Chamness’ name, “My party preference is the Coffee Party”, most people probably thought that the Secretary of State’s web page would include the information that he is registered in the Coffee Party. It is not a true statement that Chamness’ voter registration form says he has ‘no party preference.” The Secretary of State does not seem to be following the law.

The other special election, for the 17th State Senate district, only has two candidates, a Republican and a Democrat, and the web page for that race has no time gaps.

California Journalist Says California Should Threaten to Change Electoral College to District Selection

Joe Mathews, co-author of California Crack-up, and also author of the The People’s Machine (about the Schwarzenegger governorship) says Californians should support a measure to elect one presidential elector from each U.S. House district. Ted Costa has already announced plans to get such an initiative on the June 2012 ballot (or the February 2012 ballot, if California holds an election then).

See the Mathews column here. Mathews does not really believe it is good policy for California to elect one presidential elector from each congressional district. But he says Californians should support it anyway, at least to the point of putting it on the ballot. His reasoning is that California could use the measure as a bargaining chip to win more federal help for its budget crisis. If the measure were enacted and took effect before the November 2012 election, that would injure the President’s chances of being re-elected, because under current law, he can reasonably expect to win all of California’s 55 electoral votes in 2012. But if the measure were in effect, he would probably receive approximately 20 fewer electoral votes.

Ted Costa has successfully placed other initiatives on the California ballot in the past.

Carol Dobbs DeBerry Dies

On December 20, 2010, Carol Dobbs DeBerry died in California at the age of 83. She was an important figure in the history of the Socialist Workers Party. She was one of the daughters of Farrell Dobbs, the party’s presidential candidate in all presidential elections 1948 through 1960. She was also the wife of the party’s presidential candidate in 1964, Clifton DeBerry. She was age 14 when her father was sentenced to federal prison during World War II for his political activities. She was a life-long supporter of the party. The Militant has this obituary. Clifton DeBerry died in 2006.

Clifton DeBerry was the first black presidential candidate to actually have his name listed on the ballot in any state. There was also a black presidential candidate in 1960 in Alabama, Clennon King, but his name did not appear on the Alabama ballot, although candidates for presidential elector pledged to him did appear. At the time, Alabama didn’t print the names of presidential candidates on its ballot.