California Proposition 14 (2010)

Last updated

Proposition 14 is a California ballot proposition that appeared on the ballot during the June 2010 state elections. It was a constitutional amendment that effectively transformed California's non-Presidential elections from first-past-the-post to a nonpartisan blanket primary (similar to a two-round system). The proposition was legislatively referred to voters by the State Legislature and approved by 54% of the voters.

California ballot proposition statewide referendum item in California

In California, a ballot proposition can be a referendum or an initiative measure that is submitted to the electorate for a direct decision or direct vote. If passed, it can alter one or more of the articles of the Constitution of California, one or more of the 29 California Codes, or another law in the California Statutes by clarifying current or adding statute(s) or removing current statute(s).

A nonpartisan blanket primary is a primary election in which all candidates for the same elected office, regardless of respective political party, run against each other at once, instead of being segregated by political party. It is also known as a jungle primary, or qualifying primary. In most cases there are two winners who advance to the general election, which must be a normal first-past-the-post election, in this case it is called a top-two primary.

Two-round system voting system used to elect a single winner where a second round of voting is used if no candidate wins an absolute majority in the first round

The two-round system is a voting method used to elect a single winner, where the voter casts a single vote for their chosen candidate. However, if no candidate receives the required number of votes, then those candidates having less than a certain proportion of the votes, or all but the two candidates receiving the most votes, are eliminated, and a second round of voting is held.

Contents

It consolidated all primary elections for a particular office into an election with one ballot that would be identical to all voters, regardless of their party preferences. The two candidates with the most votes in the primary election would then be the only candidates who would run in the general election, regardless of their party affiliation.

A primary election is the process by which voters, either the general public or members of a political party, can indicate their preference for a candidate in an upcoming general election or by-election, thus narrowing the field of candidates.

Background

Proposition 14 was a proposal to amend Sections 5 and 6 of Article II of the California State Constitution relating to elections. It is officially known as the Top Two Primaries Act.

It was authored by State Senator Abel Maldonado, who represented the 15th district as Senate Constitutional Amendment 4 of the 2009–2010 Regular Session (Resolution Chapter 2, Statutes of 2009). [1] It was based on a proposal drafted by the Independent Voter Project in 2008. [2] It was passed in the State Senate by a vote of 27 to 12 and in the State Assembly by a vote of 54 to 20. [1] The proposition was publicly backed by Governor Arnold Schwarzenegger, as part of a deal in which Maldonado agreed to support his proposed 2009–2010 state budget, and was opposed by political parties. [3]

California State Senate upper house of the California State Legislature

The California State Senate is the upper house of the California State Legislature, the lower house being the California State Assembly. The State Senate convenes, along with the State Assembly, at the California State Capitol in Sacramento.

Abel Maldonado 48th Lieutenant Governor of California

Abel O. Maldonado Jr. is an American politician who served as the 48th Lieutenant Governor of California from April 27, 2010 to January 10, 2011. He is a member of the Republican Party.

Californias 15th State Senate district

California's 15th State Senate district is one of 40 California State Senate districts. It is currently represented by Democrat Jim Beall of San Jose.

Provisions

The passage of Proposition 14 changed the way that elections are conducted for all statewide offices in California (including the Governor and other executive positions, members of the State Legislature, and members of the State Board of Equalization), as well as for United States Senators and members of the United States House of Representatives. Proposition 14 does not affect the election of President and Vice-President of the United States, local offices, or non-partisan offices such as judges and the Superintendent of Public Instruction. [4]

Governor of California head of state and of government of the U.S. state of California

The Governor of California is the head of government of the U.S. state of California. The California Governor is the chief executive of the state government and the commander-in-chief of the California National Guard and the California State Military Reserve.

California State Legislature state legislature of the U.S. state of California

The California State Legislature is a bicameral legislature consisting of a lower house, the California State Assembly, with 80 members; and an upper house, the California State Senate, with 40 members. Both houses of the Legislature convene at the California State Capitol in Sacramento. The California State Legislature is one of just ten full-time state legislatures in the United States.

The State Board of Equalization (BOE) is a public agency charged with tax administration and fee collection in the state of California in the United States. The authorities of the Board fall into four broad areas: sales and use taxes, property taxes, special taxes, and acting as an appellate body for franchise and income tax appeals. The BOE is the only publicly elected tax commission in the United States. The board is made up of four directly elected members, each representing a district for four-year terms, along with the State Controller, who is elected on a statewide basis, serving as the fifth member. In June 2017, Governor Jerry Brown signed legislation stripping the Board of many of its powers, returning the agency to its original core responsibilities.

Instead of allowing each political party to hold a primary election open to just its members (and independent voters, if the party chooses to do so) to determine its candidate for the general election, Proposition 14 proposed to create a single primary ballot that would be identical for all voters. All candidates running in the primary election, regardless of their political party preference (if any), would appear on that ballot. The two candidates with the most votes would then qualify for the general election, regardless of which party they identify with (if any). [4]

A political party is an organized group of people, often with common views, who come together to contest elections and hold power in the government. The party agrees on some proposed policies and programmes, with a view to promoting the collective good or furthering their supporters' interests.

A general election is an election in which all or most members of a given political body are chosen. These are usually held for a nation's primary legislative body, as distinguished from by-elections and local elections.

Proposition 14 specifically prohibits write-in candidates in the second round. [5]

Results

Proposition 14 [6]
ChoiceVotes%
Yes check.svg Yes2,868,94553.73
No2,470,65846.27
Valid votes5,339,60394.43
Invalid or blank votes315,2105.57
Total votes5,654,813100.00
Registered voters and turnout16,977,03133.31

Court challenge and controversial ruling

The constitutionality of the measure was challenged in Field et al. v. Bowen, et al. [7]

The plaintiffs represented a broad spectrum of the body politic in California:

On September 19, 2011, an appellate court ruled that the "Top Two" system was constitutional. [12] The case then returned to the Superior Court of San Francisco County.

On August 1, 2012, Judge Curtis Karnow awarded $243,279 in legal fees not to the nominal defendants in the case, which were officials of the State of California represented by the Attorney General, but to independent attorneys supporting Prop 14.

The original plaintiffs then asked for reconsideration of this award. On Friday afternoon, September 14, 2012, the date for the reconsideration hearing was advanced to September 17, before the same judge who had awarded the $243,279. Plaintiff Winger called the award and the acceleration of the reconsideration hearing "outrageous" and "punitive." [13] Election-law expert Richard L. Hasen, although an opponent of the suit, agreed, writing that the award was " absolutely outrageous." [14] This award has been called a SLAPP (strategic lawsuit against public participation) action, "intended to censor, intimidate, and silence critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition."

The Motion for Reconsideration was reassigned to Judge Harold E. Kahn, and continued to September 25, then October 3, then 22, and then 24, 2012. The case was reassigned to Judge Karnow who ruled against the motion for reconsideration in October 2012. [15]

Related Research Articles

In the United States, ballot access refers to the rules and procedues regulating the conditions under which a candidate, political party, or ballot measure is entitled to appear on voters' ballots. As the nation's election process is decentralized by Article I, Section 4, of the United States Constitution, ballot access laws are established and enforced by the states. As a result, ballot access processes may vary from one state to another. State access requirements for candidates generally pertain to personal qualities of a candidate, such as: minimum age, residency, citizenship, and being a qualified voter. Additionally, many states require prospective candidates to collect a specified number of qualified voters' signatures on petitions of support and mandate the payment of filing fees before granting access; ballot measures are similarly regulated. Each state also regulates how political parties qualify for automatic ballot access, and how those minor parties that do not can. Fundamental to democracy, topics relatred to ballot access are the subject of considerable debate in the United States.

A write-in candidate is a candidate in an election whose name does not appear on the ballot, but for whom voters may vote nonetheless by writing in the person's name. The system is almost totally confined to elections in the United States. Some U.S. states and local jurisdictions allow a voter to affix a sticker, with the write-in candidate's name, to the ballot in lieu of actually writing in the candidate's name. Write-in candidacies are sometimes a result of a candidate being legally or procedurally ineligible to run under his or her own name or party; write-in candidacies may be permitted where term limits bar an incumbent candidate from being officially nominated for, or being listed on the ballot for, re-election. In some cases, write-in campaigns have been organized to support a candidate who is not personally involved in running; this may be a form of draft campaign.

2004 California Proposition 60

Proposition 60 was an amendment of the Constitution of California, enacted in 2004, guaranteeing the right of a party participating in a primary election to also participate in the general election that follows. It was proposed by the California Legislature and approved by the voters in referendum held as part of the November 2004 election, by a majority of 67%.

2004 California Proposition 62

Proposition 62 was a California ballot proposition on the November 2, 2004 ballot. It failed to pass with 5,119,155 (46.1%) votes in favor and 5,968,770 (53.9%) against.

California Democratic Party v. Jones, 530 U.S. 567 (2000), was a case in which the United States Supreme Court held that California's blanket primary violates a political party's First Amendment freedom of association.

An open primary is a primary election that does not require voters to be affiliated with a political party in order to vote for partisan candidates. In a traditional open primary, voters may select one party's ballot and vote for that party's nomination. As in a closed primary, the highest voted candidate in each party then proceeds to the general election. In a nonpartisan blanket primary, all candidates appear on the same ballot and the two highest voted candidates proceed to the runoff election, regardless of party affiliation. The constitutionality of this system was affirmed by the Supreme Court of the United States in 2008, whereas a partisan blanket primary was previously ruled to be unconstitutional in 2000. The arguments for open primaries are that voters can make independent choices, building consensus that the electoral process is not splintered or undermined by the presence of multiple political parties.

Elections in California

Elections in California are held to fill various local, state and federal seats. In California, regular elections are held every even year ; however, some seats have terms of office that are longer than two years, so not every seat is on the ballot in every election. Special elections may be held to fill vacancies at other points in time. Recall elections can also be held. Additionally, statewide initiatives, legislative referrals and referenda may be on the ballot.

February 2008 California elections

The California state elections, February 2008 were held on February 5, 2008 throughout California. Presidential primaries and a special election for a State Assembly seat were among the contests held. Seven ballot propositions were also decided on.

2004 California elections

California's state elections were held November 2, 2004. Necessary primary elections were held on March 2. Up for election were all the seats of the State Assembly, 20 seats of the State Senate, and sixteen ballot measures.

1994 California elections

California's state elections were held November 8, 1994. Necessary primary elections were held on June 7. Up for election were all the seats of the California State Assembly, 20 seats of the California Senate, seven constitutional officers, all the seats of the California Board of Equalization, as well as votes on retention of two Supreme Court justices and various appeals court judges. Ten ballot measures were also up for approval. Municipal offices were also included in the election.

1996 California elections

California's state general elections were held November 5, 1996. Necessary primary elections were held on March 26, 1996. Up for election were all eighty (80) seats of the State Assembly, twenty (20) seats of the State Senate, and fifteen (15) statewide ballot measures.

June 2010 California elections

The California state elections, June 2010 were held on June 8, 2010 and included five propositions and two special elections, one for a State Senate seat and the other for a State Assembly seat. Primary elections for all statewide offices, a seat to the United States Senate, all Californian seats to the House of Representatives, all of the seats of the State Assembly, and all even-numbered seats of the State Senate, along with the first round election for the nonpartisan Superintendent of Public Instruction were also held.

2010 California elections

The California state elections, November 2010 were held on November 2, 2010.

November 2012 California elections

The California state elections was held on Election Day, November 6, 2012. On the ballot were eleven propositions, various parties' nominees for the United States presidency, the Class I Senator to the United States Senate, all of California's seats to the House of Representatives, all of the seats of the State Assembly, and all odd-numbered seats of the State Senate.

June 2012 California elections

The California state elections, June 2012 were held on June 5, 2012 and included two propositions, primary elections for each party's nominee for President, and primary elections to determine the top-two candidates for California's Class I seat to the United States Senate, all of California's seats to the House of Representatives, all of the seats of the State Assembly, and all odd-numbered seats of the State Senate, who will compete against each other in a run-off on November 6, 2012.

2014 California elections

In California state elections, 2014 was the first year in which the top statewide offices were elected under the nonpartisan blanket primary, pursuant to Proposition 14, which passed with 53% voter approval in June 2010. Under this system, which first went into effect during the 2012 election year, all candidates will appear on the same ballot, regardless of party. In the primary, voters may vote for any candidate, regardless of their party affiliation. The top two finishers, regardless of party, then advance to face each other in the general election in November.

Primary elections in the United States are elections in which the candidates for a particular office at federal, state or local level are chosen by registered voters in a particular jurisdiction. This includes the presidential primary, which nominates candidates for the presidential election. After the preliminary primary election, a general election is held to fill the office with one of the candidates chosen in the primary election. The United States is one of few countries to select candidates through popular vote in a primary election system; most countries rely on party leaders to vet candidates, as was previously the case in the U.S. State law, not federal, regulates most aspects of primary elections, and local election officials are predominantly responsible for administering them.

June 2016 California elections

The California state elections, June 2016 were held on June 7, 2016 and included one propositions, primary elections for each party's nominee for President, and primary elections to determine the top-two candidates for California's Class III seat to the United States Senate, all of California's seats to the House of Representatives, all of the seats of the State Assembly, and all odd-numbered seats of the State Senate, who will compete against each other in a run-off on November 8, 2016.

2018 California elections

California state elections in 2018 were held on Tuesday, November 6, 2018, with the primary elections being held on June 5, 2018. Voters elected one member to the United States Senate, 53 members to the United States House of Representatives, all eight state constitutional offices, all four members to the Board of Equalization, 20 members to the California State Senate, and all 80 members to the California State Assembly, among other elected offices.

References

  1. 1 2 "Bill Documents: SCA 4". California Legislative Counsel . Retrieved 2010-06-08.
  2. "Top-Two Primary". Independent Voter Project. Retrieved 2017-04-25.
  3. Small, Julie (2010-06-10). "California's new primary system expected to change political landscape". KPCC . Retrieved 2010-06-10.
  4. 1 2 "Proposition 14 Analysis by the Legislative Analyst". California Statewide Direct Primary Election, Tuesday, June 8, 2010 Official Voter Information Guide. California Secretary of State . Retrieved 2011-06-09.
  5. Hagan Cain, Robyn (Sep 21, 2011). "Court Upholds Prop 14 Bans on Write-In Votes, Unqualified Parties".
  6. "June 8, 2010, Primary Election Statement of Vote" (PDF). California Secretary of State. 2010-07-16. Archived from the original (PDF) on 2010-07-22. Retrieved 2010-08-21.
  7. Field et al. v. Bowen et al., Case No. CGC-10-502018 (Superior Court of California in and for San Francisco County).
  8. "Board of Trustees". Los Angeles County Community College District. Retrieved October 20, 2012.
  9. "Californians for Electoral Reform" . Retrieved October 20, 2012.
  10. "Jennifer Wozniak in California". LinkedIn.
  11. "Representatives". LIUNA Local 777. Retrieved October 20, 2012.
  12. "Field v. Bowen". LEAGLE. Retrieved October 20, 2012.
  13. Winger, Richard (September 15, 2012). "Some Supporters of Top-Two Open Primary Take Punitive Action to Crush Opponents with Crippling Legal Fees" . Retrieved September 16, 2012.
  14. Hasen, Richard (August 6, 2012). "Absolutely Outrageous Attorney Fee Award Against Richard Winger and Other Top Two Opponents in California" . Retrieved September 16, 2012.
  15. Munger's claim for legal fees may chill public interest suits. Los Angeles Times. 31 October 2012.