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.