California Proposition 60 (2004)

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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%.

Constitution of California primary organizing law for the U.S. state of California

The Constitution of California is the primary organizing law for the U.S. state of California, describing the duties, powers, structures and functions of the government of California. Following cession of the area from Mexico to the United States in the Treaty of Guadalupe Hidalgo that ended the Mexican–American War, California's original constitution was drafted in both English and Spanish by delegates elected on August 1, 1849, to represent all communities home to non-indigenous citizens. The delegates wrote and adopted the constitution at the 1849 Constitutional Convention, held beginning on September 3 in Monterey, and voters approved the new constitution on November 13, 1849. Adoption of the "state" constitution actually preceded California's Admission to the Union on September 9, 1850 by almost ten months.

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.

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.

Contents

Provisions

Proposition 60 related to partisan primary elections for statewide offices, as well as races for the state legislature, and the State Board of Equalization. [1] It added to the state constitution Article II, Section 5 (b), stating that

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.

A political party that participated in a primary election for a partisan office has the right to participate in the general election for that office and shall not be denied the ability to place on the general election ballot the candidate who received, at the primary election, the highest vote among that party’s candidates.

The official summary of the proposition stated

Provides the right for political party participating in a primary election for partisan office to also participate in the general election for that office.

Candidate receiving most votes from among that party's candidates in primary election for state partisan office cannot be denied placement on general election ballot.

It was declared by the Legislative Analyst to have "no fiscal effect". [2]

Process of enactment

In 2004 the state legislature proposed a constitutional amendment called Senate Constitutional Amendment 18. [3] This contained provisions relating to both primary elections and funds from the sale of government property. This was to be put to voters as a single measure called Proposition 60. However Californians for an Open Primary challenged the measure as a violation of the rule that ballot propositions must deal with only a single subject. The group wished to have Proposition 60 removed from the ballot. Instead, in Californians for an Open Primary v. Shelley, the Third District Court of Appeals ordered that the proposition be split, so that the provisions relating to government property would become a separate measure, called Proposition 60A. [4]

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).

Proposition 60 (including the provisions later excised) was approved by the California State Senate by a vote of 28-3 and by the State Assembly by a by 55-21.[ citation needed ] On November 2, 2004 it was approved by voters by a majority of 5,806,708 (67.3%) "Yes" votes, to 2,829,284 (32.7%) "No" votes. Proposition 60A was also approved by voters.

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.

California State Assembly lower house of the California State Legislature

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

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References

  1. http://www.sos.ca.gov/elections/bp_nov04/prop_60_text_of_proposed_law.pdf Office of the California Secretary of State. "Text of Proposed Laws: Proposition 60," (retrieved on April 11th, 2009)
  2. http://www.sos.ca.gov/elections/bp_nov04/prop_60_ballot_title_and_summary.pdf Office of the California Secretary of State. "Proposition 60: Official Title and Summary," (retrieved on April 11th, 2009).
  3. The full title is Senate Constitutional Amendment 18 of the 2003–2004 Regular Session (Resolution Chapter 103, Statutes of 2004)
  4. http://ballotpedia.org/wiki/index.php/California_Proposition_60A_(2004) Ballotpedia. "California Proposition 60A (2004)," (retrieved on April 11th, 2009).