BILL NUMBER: AB 1413	AMENDED
	BILL TEXT

	AMENDED IN SENATE  SEPTEMBER 2, 2011
	AMENDED IN SENATE  AUGUST 17, 2011

INTRODUCED BY    Committee on Elections and Redistricting
  (   Fong (Chair), Logue (Vice
Chair), Bonilla, Hall, Mendoza, Swanson, and Valadao 
 )   Assembly Member   Fong 

                        MARCH 14, 2011

    An act to amend Sections 81008, 83109, and 84211 of the
Government Code, relating to the Political Reform Act of 1974.
  An act to amend Sections 13, 300.5, 332.5, 334, 337,
359.5, 2026, 2150, 2151, 2152, 2154, 3006, 3007.5, 3205, 7100,
8002.5, 8025, 8040, 8041, 8062, 8068, 8081, 8106, 8121, 8124, 8141.5,
8148, 8300, 8600, 8606, 8803, 8805, 8807, 9083.5, 10704, 10706,
12104, 12108, 13102, 13105, 13107, 13206, 13207, 13212, 13230, 13300,
13302, 15340, 15402, 15560, and 19301 of, to repeal Sections 325,
7000, 9084.5, and 15451 of, to amend and renumber Section 6000a of,
and to repeal Chapter 0.5 (commencing with Section 6000) of Part 1 of
Division 6 of, the Elections Code, relating to elections. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1413, as amended,  Committee on Elections and
Redistricting   Fong  .  Political Reform
Act of 1974.   Elections.  
   Existing provisions of the California Constitution require a
"voter-nominated primary election" for each state elective office and
congressional office in California, in which a voter may vote at the
primary election for any candidate for congressional or state
elective office without regard to the political party preference
disclosed by either the candidate or the voter. The 2 candidates
receiving the 2 highest vote totals for each office at the primary
election, regardless of party preference, compete for the office at
the general election. Existing provisions of the Elections Code
implement the "voter-nominated primary election" of the California
Constitution.  
   This bill would make technical revisions to provisions of the
Elections Code to reflect the "voter-nominated primary election"
process. The bill also would conform the procedures applicable if
there is only one candidate affiliated with a particular political
party who has declared candidacy for nomination at the primary, and
that candidate dies before the primary election but after the last
day to deliver nomination papers, as specified, to existing
procedures applicable if a candidate for a partisan office dies under
those same circumstances. The bill would conform the procedures
applicable in case of a tie in the primary election for
voter-nominated offices to the existing provisions applicable to
specified partisan offices. The bill would impose requirements for
forms relating to declaration of candidacy for voter-nominated
offices.  
   Existing law also provides that a person's residence for voting
purposes means a person's domicile, and that a person may only have
one domicile. Existing law defines domicile to be the place in which
a person's habitation is fixed and where the person intends to remain
or return to whenever absent. Existing law also provides that, for
purposes of determining the domicile of a Member of the Legislature
or a Representative in the Congress of the United States, it shall be
conclusively presumed that the residence address indicated on that
person's currently filed affidavit of registration is that person's
domicile.  
   This bill would provide that, notwithstanding any other provision
of law and notwithstanding any evidence or circumstance other than
the affidavit of registration, the domicile of a Member of the
Legislature or a Representative in the Congress of the United States
is conclusively presumed to be the address indicated on that person's
currently filed affidavit of registration.  
   This bill would incorporate additional changes in Section 8600 of
the Elections Code proposed by AB 362, to be operative only if AB 362
and this bill are both enacted and become effective on or before
January 1, 2012, both bills amend Section 8600, and this bill is
enacted after AB 362.  
   The Political Reform Act of 1974 requires that candidates for
public office and committees file periodic campaign statements
disclosing contributions received, expenditures made, and other
specified information. If a campaign statement is filed by a
candidate, the act requires that the statement identify the name,
street address, and treasurer of any committee of which the candidate
has knowledge that has received contributions or made expenditures
on behalf of the candidate's candidacy, and whether the committee is
controlled by the candidate. The act also requires that campaign
statements be available for public inspection from 9 a.m. to 5 p.m.
on the Saturday preceding a statewide primary or statewide general
election at the offices of the Secretary of State, the
Registrar-Recorder of Los Angeles County, the Registrar of Voters of
San Diego County, and the Registrar of Voters of the City and County
of San Francisco.  
   This bill would require that if a candidate files a campaign
statement that identifies a committee that has received contributions
or made expenditures on behalf of his or her candidacy, the
statement shall disclose the number assigned to the committee by the
Secretary of State or, if no number has been assigned, the full name
and street address of the treasurer of the committee. The bill would
delete the requirement that campaign statements be available for
public inspection on the Saturday preceding a statewide primary or
general election at the Registrar-Recorder of Los Angeles County, the
Registrar of Voters of San Diego County, and the Registrar of Voters
of the City and County of San Francisco.  
   The bill would make nonsubstantive changes to provisions regarding
the applicability of civil service laws to the Fair Political
Practices Commission.  
   This bill would also incorporate additional changes in Section
84211 of the Government Code proposed by AB 1146, that would become
operative only if AB 1146 and this bill are both chaptered and become
effective on or before January 1, 2012, and this bill is chaptered
last.  
   Existing law makes a knowing or willful violation of the Political
Reform Act of 1974 a misdemeanor and subjects offenders to criminal
penalties.  
   This bill would impose a state-mandated local program by creating
additional crimes.  
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason.  
   The Political Reform Act of 1974, an initiative measure, provides
that the Legislature may amend the act to further the act's purposes
upon a 2/3 vote of each house and compliance with specified
procedural requirements.  
   This bill would declare that it furthers the purposes of the act.

   Vote:  2/3   majority  . Appropriation:
no. Fiscal committee: yes. State-mandated local program:  yes
  no  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 13 of the   Elections
Code   is amended to read: 
   13.  (a)  No   A  person shall  not
 be considered a legally qualified candidate for  any
  an  office, for party nomination for a partisan
office, or for nomination to participate in the general election for
 any   a  voter-nominated office, under the
laws of this state unless that person has filed a declaration of
candidacy or statement of write-in candidacy with the proper official
for the particular election or primary, or is entitled to have his
or her name placed on a general election ballot by reason of having
been nominated at a primary election, or having been 
selected   named  to fill a vacancy on the general
election ballot as provided in Section 8806, or having been selected
as an independent candidate pursuant to Section 8304.
   (b) Nothing in this section shall be construed as preventing or
prohibiting any qualified voter of this state from casting a ballot
for  any   a  person by writing the name of
that person on the ballot, or from having that ballot counted or
tabulated, nor shall  any provision of  this section
be construed as preventing or prohibiting  any 
 a  person from standing or campaigning for  any
  an  elective office by means of a "write-in"
campaign. However, nothing in this section shall be construed as an
exception to the requirements of Section 15341.
   (c) It is the intent of the Legislature, in enacting this section,
to enable the Federal Communications Commission to determine who is
a "legally qualified candidate" in this state for the purposes of
administering Section 315 of Title 47 of the United States Code.
   SEC. 2.    Section 300.5 of the   Elections
Code   is amended to read: 
   300.5.  "Affiliated with a political  party" 
 party," "party affiliation," or a similar designation  as
used in reference to a voter or to a candidate for a voter-nominated
office means the party preference that the voter or candidate has
disclosed on his or her affidavit of registration.
   SEC. 3.    Section 325 of the   Elections
Code   is repealed.  
   325.  "Independent status" means a voter's indication of "No Party
Preference" as provided in Section 2151 and Section 2154. 
   SEC. 4.    Section 332.5 of the   Elections
Code   is amended to read: 
   332.5.  "Nominate" means the selection, at a state-conducted
primary election, of candidates who are entitled by law to
participate in the general election for that office, but does not
mean any other lawful mechanism that a political party may adopt for
the purposes of choosing the candidate who is preferred by the party
for a nonpartisan or  voter nominated  
voter-nominated  office.
   SEC. 5.   Section 334 of the   Elections
Code   is amended to read: 
   334.  "Nonpartisan office" means an office, except for a
voter-nominated office, for which no party may nominate a candidate.
Judicial, school, county, and municipal offices  , including the
Superintendent of Public Instruction,  are nonpartisan offices.
   SEC. 6.    Section 337 of the   Elections
Code   is amended to read: 
   337.  "Partisan office" or  "party nominated 
 "party-nominated  office" means  any of 
the following offices:
   (a) President of the United States, Vice President of the United
States, and the delegates therefor.
   (b) Elected member of a party committee.
   SEC. 7.    Section 359.5 of the   Elections
Code   is amended to read: 
   359.5.  (a)  "Voter-nominated office" means  a
congressional or state elective office for which any candidate may
choose to have his or her party preference or lack of party
preference indicated upon the ballot. A political party or party
central committee shall not nominate a candidate at a state-conducted
primary election for a voter-nominated office. The primary conducted
for a voter-nominated office does not serve to determine the
nominees of a political party but serves to winnow the number of
candidates to a final list of two for the general election. The
  the  following  offices are
voter-nominated  offices:
   (1) Governor.
   (2) Lieutenant Governor.
   (3) Secretary of State.
   (4)  State Treasurer   Controller  .
   (5)  Controller   Treasurer  .
   (6)  State Insurance Commissioner  Attorney
  General  .
   (7)  Member of the Board of Equalization  
Insurance Commissioner  .
   (8)  Attorney General   Member of the State
Board of Equalization  .
   (9)  State   United States  Senator.
   (10) Member of the  Assembly   United States
House of Representatives  .
   (11)  United States   State  Senator.
   (12) Member of the  United States House of Representatives
  Assembly  . 
   (b) The primary election conducted for a voter-nominated office
does not serve to determine the nominees of a political party, but
serves to winnow the number of candidates to the top two vote-getters
for the general election.  
   (b) 
    (c) This section does not prohibit a political party or
party central committee from endorsing, supporting, or opposing a
candidate for  a candidate   an office 
listed in subdivision (a).
   SEC. 8.    Section 2026 of the   Elections
Code   is amended to read: 
   2026.   The   Notwithstanding Section 349 or
any other provision of law, and notwithstanding any evidence or
circumstance other than the affidavit of registration, the 
domicile of a Member of the Legislature or a Representative in the
Congress of the United States shall be conclusively presumed to be at
the  residence  address indicated on that person's
currently filed affidavit of registration  as his or her place of
residence in accordance with   paragraph (3) of subdivision
(a) of Section 2150  .
   SEC. 9.    Section 2150 of the   Elections
Code   , as amended by Section 8 of Chapter 1 of the
Statutes of 2009, is   amended to read: 
   2150.  (a) The affidavit of registration shall show:
   (1) The facts necessary to establish the affiant as an elector.
   (2) The affiant's name at length, including his or her given name,
and a middle name or initial, or if the initial of the given name is
customarily used, then the initial and middle name. The affiant's
given name may be preceded, at affiant's option, by the designation
of Miss, Ms., Mrs., or Mr. A person shall not be denied the right to
register because of his or her failure to mark a prefix to the given
name and shall be so advised on the voter registration card. This
subdivision shall not be construed as requiring the printing of
prefixes on an affidavit of registration.
   (3) The affiant's place of residence, residence telephone number,
if furnished, and e-mail address, if furnished. No person shall be
denied the right to register because of his or her failure to furnish
a telephone number or e-mail address, and shall be so advised on the
voter registration card.
   (4) The affiant's mailing address, if different from the place of
residence.
   (5) The affiant's date of birth to establish that he or she will
be at least 18 years of age on or before the date of the next
election.
   (6) The state or country of the affiant's birth.
   (7) (A) In the case of an applicant who has been issued a current
and valid driver's license, the applicant's driver's license number.
   (B) In the case of any other applicant, other than an applicant to
whom subparagraph (C) applies, the last four digits of the applicant'
s social security number.
   (C) If an applicant for voter registration has not been issued a
current and valid driver's license or a social security number, the
state shall assign the applicant a number that will serve to identify
the applicant for voter registration purposes. To the extent that
the state has a computerized list in effect under this subdivision
and the list assigns unique identifying numbers to registrants, the
number assigned under this subparagraph shall be the unique
identifying number assigned under the list.
   (8) The affiant's political party  preference 
 affiliation  .
   (9) That the affiant is currently not imprisoned or on parole for
the conviction of a felony.
   (10) A prior registration portion indicating whether the affiant
has been registered at another address, under another name, or as
 preferring   intending to affiliate with 
another party. If the affiant has been so registered, he or she shall
give an additional statement giving that address, name, or party.
   (b) The affiant shall certify the content of the affidavit as to
its truth and correctness, under penalty of perjury, with the
signature of his or her name and the date of signing. If the affiant
is unable to write he or she shall sign with a mark or cross.
   (c) The affidavit of registration shall also contain a space that
would enable the affiant to state his or her ethnicity or race, or
both. An affiant may not be denied the ability to register because he
or she declines to state his or her ethnicity or race.
   (d) If any person, including a deputy registrar, assists the
affiant in completing the affidavit, that person shall sign and date
the affidavit below the signature of the affiant.
   (e) The affidavit of registration shall also contain a space to
permit the affiant to apply for permanent vote by mail status.
   (f) The Secretary of State may continue to supply existing
affidavits of registration to county elections officials prior to
printing new or revised forms that reflect the changes made to this
section by the act that added this subdivision.
   SEC. 10.    Section 2150 of the   Elections
Code   , as amended by Section 4.5 of Chapter 364 of the
Statutes of 2009, is amended   to read: 
   2150.  (a) The affidavit of registration shall show:
   (1) The facts necessary to establish the affiant as an elector.
   (2) The affiant's name at length, including his or her given name,
and a middle name or initial, or if the initial of the given name is
customarily used, then the initial and middle name. The affiant's
given name may be preceded, at affiant's option, by the designation
of Miss, Ms., Mrs., or Mr. A person shall not be denied the right to
register because of his or her failure to mark a prefix to the given
name and shall be so advised on the voter registration card. This
subdivision shall not be construed as requiring the printing of
prefixes on an affidavit of registration.
   (3) The affiant's place of residence, residence telephone number,
if furnished, and e-mail address, if furnished. No person shall be
denied the right to register because of his or her failure to furnish
a telephone number or e-mail address, and shall be so advised on the
voter registration card.
   (4) The affiant's mailing address, if different from the place of
residence.
   (5) The affiant's date of birth to establish that he or she will
be at least 18 years of age on or before the date of the next
election. In the case of an affidavit of registration submitted
pursuant to subdivision (d) of Section 2102, the affiant's date of
birth to establish that he or she is at least 17 years of age.
   (6) The state or country of the affiant's birth.
   (7) (A) In the case of an applicant who has been issued a current
and valid driver's license, the applicant's driver's license number.
   (B) In the case of any other applicant, other than an applicant to
whom subparagraph (C) applies, the last four digits of the applicant'
s social security number.
   (C) If an applicant for voter registration has not been issued a
current and valid driver's license or a social security number, the
state shall assign the applicant a number that will serve to identify
the applicant for voter registration purposes. To the extent that
the state has a computerized list in effect under this subdivision
and the list assigns unique identifying numbers to registrants, the
number assigned under this subparagraph shall be the unique
identifying number assigned under the list.
   (8) The affiant's political party  preference 
 affiliation  .
   (9) That the affiant is currently not imprisoned or on parole for
the conviction of a felony.
   (10) A prior registration portion indicating whether the affiant
has been registered at another address, under another name, or as
 preferring   intending to affiliate with 
another party. If the affiant has been so registered, he or she shall
give an additional statement giving that address, name, or party.
   (b) The affiant shall certify the content of the affidavit as to
its truth and correctness, under penalty of perjury, with the
signature of his or her name and the date of signing. If the affiant
is unable to write he or she shall sign with a mark or cross.
   (c) The affidavit of registration shall also contain a space that
would enable the affiant to state his or her ethnicity or race, or
both. An affiant may not be denied the ability to register because he
or she declines to state his or her ethnicity or race.
   (d) If a person, including a deputy registrar, assists the affiant
in completing the affidavit, that person shall sign and date the
affidavit below the signature of the affiant.
   (e) The affidavit of registration shall also contain a space to
permit the affiant to apply for permanent vote by mail status.
   (f) The Secretary of State may continue to supply existing
affidavits of registration to county elections officials prior to
printing new or revised forms that reflect the changes made to this
section by the act that added this subdivision.
   SEC. 11.    Section 2151 of the   Elections
Code   is amended to read: 
   2151.  (a) At the time of registering and of transferring
registration,  each   an  elector may
 disclose   state  the name of the
political party  that   with which  he or
she  prefers   intends to affiliate at the
ensuing primary election  . The name of that political party
shall be stated in the affidavit of registration and the index.
   (b) (1) The voter registration card shall inform the affiant that
 any   an  elector may decline to state a
political party  reference   affiliation  ,
but  no   a  person shall  not 
be entitled to vote the ballot of  any   a 
political party at  any   a  primary
election for President of the United States or for a party committee
unless he or she has  disclosed   stated 
the name of the party  that   with which 
he or she  prefers   intends to affiliate 
or unless he or she has declined to  disclose  
state  a party  preference   affiliation
 and the political party, by party rule duly noticed to the
Secretary of State, authorizes a person who has declined to 
disclose   state  a party  preference
  affiliation  to vote the ballot of that political
party.  The voter registration card shall further inform the
affiant that any registered voter may vote for any candidate at a
primary election for state elective office or congressional office,
regardless of the disclosed party preference of the registrant or the
candidate seeking that office or the refusal of the registrant or
candidate to disclose a party preference. This notice shall be
printed in 12 point Times New Roman font. 
   (2) The voter registration card shall include a listing of all
qualified political parties.  The voter registration card
shall include a listing of all qualified political parties. 
As part of that listing, the voter registration card shall also
contain an option  designated "No Party Preference."
  that permits the affiant to state that he or she does
not wish to affiliate with a political party.  This option shall
be placed at the  beginning   end  of the
listing of qualified political parties.
   (c)  No   A  person shall  not 
be permitted to vote the ballot of  any   a
 party or for  any  delegates to the convention
of  any  a  party other than the party
 disclosed as preferred   stated  in his or
her registration, except as provided by Section 2152 or unless he or
she has declined to  disclose   state  a
party  preference   affiliation  and the
party, by party rule duly noticed to the Secretary of State,
authorizes a person who has declined to state a party affiliation to
vote the party ballot or for delegates to the party convention.
   (d)  As of the effective date of the statute that added
this subdivision, any   Any    voter who
previously  stated   disclosed  a political
party  affiliation   preference  when
registering to vote shall be deemed to have  disclosed
  stated  that same party as his or her a political
party  preference   affiliation  unless
the voter files a new affidavit of registration disclosing a
different political party  preference  
affiliation  or no political party  preference 
 affiliation  . Any voter who previously declined to
 state   disclose  a party 
affiliation shall be deemed to have chosen   preference
or who chose  the "No Party Preference" option  shall be
deemed to have declined to state a party affiliation  unless the
voter files a new affidavit of registration disclosing a different
political party  preference   affiliation 
. 
   (e) The Secretary of State may continue to supply existing
affidavits of registration prior to printing new or revised forms
that reflect the changes required pursuant to any amendment made to
this section. 
   SEC. 12.    Section 2152 of the   Elections
Code   is amended to read: 
   2152.  Whenever  any   a  voter has
declined to  disclose   state  or has
changed his or her party  preference  
affiliation  prior to the close of registration for an election,
he or she may either so  disclose   state 
or have a change recorded by executing a new affidavit of
registration and completing the prior registration portion of the
affidavit.
   SEC. 13.    Section 2154 of the   Elections
Code   is amended to read: 
   2154.  In the event that the county elections official receives an
affidavit of registration that does not include portions of the
information for which space is provided, the county elections
official  voters  shall apply the following
rebuttable presumptions:
   (a) If no middle name or initial is shown, it shall be presumed
that none exists.
   (b) If no party  preference   affiliation
 is shown, it shall be presumed that the affiant has 
chosen the "No Party Preference" designation   no party
affiliation  .
   (c) If no execution date is shown, it shall be presumed that the
affidavit was executed on or before the 15th day prior to the
election, provided that (1) the affidavit is received by the county
elections official on or before the 15th day prior to the election,
or (2) the affidavit is postmarked on or before the 15th day prior to
the election and received by mail by the county elections official.
   (d) If the affiant fails to identify his or her state of birth
within the United States, it shall be presumed that the affiant was
born in a state or territory of the United States if the birthplace
of the affiant is shown as "United States," "U.S.A.," or other
recognizable term designating the United States.
   SEC. 14.    Section 3006 of the   Elections
Code   is amended to read: 
   3006.  (a) A printed application that is to be distributed to a
voter for requesting a vote by mail voter's ballot shall inform the
voter that the application for the vote by mail voter's ballot must
be received by the elections official not later than seven days prior
to the date of the election and shall contain spaces for the
following:
   (1) The printed name and residence address of the voter as it
appears on the affidavit of registration.
   (2) The address to which the ballot is to be mailed.
   (3) The voter's signature.
   (4) The name and date of the election for which the request is to
be made.
   (b) (1) The information required by paragraphs (1) and (4) of
subdivision (a) may be preprinted on the application. The information
required by paragraphs (2) and (3) of subdivision (a) shall be
personally affixed by the voter.
   (2) An address, as required by paragraph (2) of subdivision (a),
may not be the address of a political party, a political campaign
headquarters, or a candidate's residence. However, a candidate, his
or her spouse, immediate family members, and any other voter who
shares the same residence address as the candidate may request that a
vote by mail ballot be mailed to the candidate's residence address.
   (3) An application that contains preprinted information shall
contain a conspicuously printed statement substantially similar to
the following: "You have the legal right to mail or deliver this
application directly to the local elections official of the county
where you reside."
   (c) The application shall inform the voter that if he or she is
not affiliated with a political party, the voter may request a vote
by mail ballot for a particular political party for the  partisan
 primary election, if that political party has adopted a party
rule, duly noticed to the Secretary of State, authorizing that vote.
The application shall contain a toll-free telephone number,
established by the Secretary of State, that the voter may call to
access information regarding which political parties have adopted
such a rule. The application shall contain a checkoff box with a
conspicuously printed statement that reads substantially similar to
the following: "I am not presently affiliated with any  qualified
 political party. However, for this primary election only, I
request a vote by mail ballot for the _________ Party." The name of
the political party shall be personally affixed by the voter.
   (d) The application shall provide the voter with information
concerning the procedure for establishing permanent vote by mail
voter status, and the basis upon which permanent vote by mail voter
status is claimed.
   (e) The application shall be attested to by the voter as to the
truth and correctness of its content, and shall be signed under
penalty of perjury.
   SEC. 15.    Section 3007.5 of the  
Elections Code   is amended to read: 
   3007.5.  (a) The Secretary of State shall prepare and distribute
to appropriate elections officials a uniform electronic application
format for a vote by mail voter's ballot that conforms to this
section.
   (b) The uniform electronic application shall inform the voter that
the application for the vote by mail voter's ballot must be received
by the elections official not later than seven days prior to the
date of the election and shall contain spaces for at least the
following information:
   (1) The name and residence address of the registered voter as it
appears on the affidavit of registration.
   (2) The address to which the ballot is to be mailed.
   (3) The name and date of the election for which the request is
made.
   (4) The date of birth of the registered voter.
   (c) The uniform electronic application shall inform the voter that
if he or she is not affiliated with a political party, the voter may
request a vote by mail ballot for a particular political party for
the  partisan  primary election, if that political party has
adopted a party rule, duly noticed to the Secretary of State,
authorizing that vote. The application shall contain a toll-free
telephone number, established by the Secretary of State, that the
voter may call to access information regarding which political
parties have adopted such a rule. The application shall list the
parties that have notified the Secretary of State of the adoption of
such a rule. The application shall contain a checkoff box with a
conspicuously printed statement that reads substantially similar to
the following: "I am not presently affiliated with any  qualified
 political party. However, for this primary election only, I
request a vote by mail ballot for the ____ Party." The name of the
political party shall be personally affixed by the voter.
   (d) The uniform electronic application shall contain a
conspicuously printed statement substantially similar to the
following: "Only the registered voter himself or herself may apply
for a vote by mail ballot. An application for a vote by mail ballot
made by a person other than the registered voter is a criminal
offense."
   (e) The uniform electronic application shall include a statement
substantially similar to the following: "A ballot will not be sent to
you if this application is incomplete or inaccurate."
   (f) The uniform electronic application format shall not permit the
form to be electronically submitted unless all of the information
required to complete the application is contained in the appropriate
fields.
   SEC. 16.    Section 3205 of the   Elections
Code   is amended to read: 
   3205.  (a) Vote by mail ballots mailed to, and received from,
voters on the permanent vote by mail voter list are subject to the
same deadlines and shall be processed and counted in the same manner
as all other vote by mail ballots.
   (b) Prior to each  partisan  primary election, county
elections officials shall mail to every voter not affiliated with a
political party whose name appears on the permanent vote by mail
voter list a notice and application regarding voting in the primary
election. The notice shall inform the voter that he or she may
request a vote by mail ballot for a particular political party for
the primary election, if that political party adopted a party rule,
duly noticed to the Secretary of State, authorizing these voters to
vote in their primary. The notice shall also contain a toll-free
telephone number, established by the Secretary of State, that the
voter may call to access information regarding which political
parties have adopted such a rule. The application shall contain a
checkoff box with a conspicuously printed statement that reads
substantially similar to the following: "I am not presently
affiliated with any  qualified  political party. However,
for this primary election only, I request a vote by mail ballot for
the ____ Party." The name of the political party shall be personally
affixed by the voter.
   SEC. 17.    Section 6000a of the   Elections
Code   is amended and renumbered to read: 
    6000a.   6000   This chapter shall be
known and may be cited as the "Alquist Open Presidential Primary Act."

                       SEC. 18.    Chapter 0.5
(commencing with Section 6000) of Part 1 of Division 6 of the 
 Elections Code   is repealed. 
   SEC. 19.    Section 7000 of the   Elections
Code   is repealed.  
   7000.  All references to a voter's or candidate's party
"registration" or "affiliation" in this division shall refer to the
party preference or lack of party preference disclosed by the voter
or candidate in accordance with Sections 2151 and 2152 and
subdivision (b) of Section 2154. 
   SEC. 20.    Section 7100 of the   Elections
Code   is amended to read: 
   7100.  In each year of the general election at which electors of
President and Vice President of the United States are to be chosen,
 each congressional nominee   the Democratic
candidate in each congressional district who received the largest
number of votes in the primary election among the candidates
affiliated with the Democratic Party  shall designate one
presidential elector and shall file his or her name  ,
  and  residence and business address with the
Secretary of State by October 1 of the presidential election year.
 Each United States senatorial nominee, determined by
  The Democratic candidate for United States Senate who
received the largest number of votes in the primary election among
the candidates affiliated with the Democratic Party in each of 
the last two United States senatorial elections  , 
shall designate one presidential elector and shall file his or her
name  ,   and  residence and business
address with the Secretary of State by October 1 of the presidential
election year. In the event there is no  United States
senatorial nominee or no congressional nominee in  
Democratic candidate for United   States Senate or for 
any particular  congressional  district, the state
chairperson shall designate one presidential elector for each vacancy
and shall file his or her name  ,   and 
residence and business address with the Secretary of State by October
1 of the presidential election year.
   SEC. 21.    Section 8002.5 of the  
Elections Code   is amended to read: 
   8002.5.   (a)    A candidate for
a voter-nominated office may indicate his or her party 
preference   affiliation  , or lack of party
 preference   affiliation  , as 
disclosed   stated  upon the candidate's most
recent  statement   affidavit  of
registration, upon his or her declaration of candidacy. If a
candidate indicates his or her party  preference 
 affiliation, or lack of party affiliation,  on his or her
declaration of candidacy, it shall appear on the primary and general
election ballot in conjunction with his or her name. The candidate's
designated party  preference   affiliation, or
lack of party   affiliation,  on the ballot shall not
be changed between the primary and general election. A candidate for
voter-nominated office may also choose not to have the party 
preference disclosed   affiliation or lack of party
affiliation declared  upon the candidate's most recent affidavit
of registration indicated upon the ballot. 
   (b) Regardless of the disclosed party preference of the candidate
or the voter, any qualified voter may vote for any candidate for a
voter-nominated office if the voter is otherwise entitled to vote for
candidates for the office to be filled. Nothing in Section 2151,
3006, 3007.5, 3205, or 3102 shall be construed to limit the ability
of a voter to cast a primary election ballot for any candidate for a
voter-nominated office, regardless of the party preference, or lack
of party preference, designated by the candidate for inclusion upon
the ballot pursuant to this section, provided that the voter is
otherwise qualified to cast a ballot for the office at issue.
 
   (c) A candidate designating a party preference pursuant to
subdivision (a) shall not be deemed to be the official nominee of the
party designated as preferred by the candidate. A candidate's
designation of party preference shall not be construed as an
endorsement of that candidate by the party designated. The party
preference designated by the candidate is shown for the information
of the voters only and may in no way limit the options available to
voters.  
   (d) All references to party preference or affiliation shall be
omitted from all forms required to be filed by a voter-nominated
candidate pursuant to this division in the same manner that such
references are omitted from forms required to be filed by nonpartisan
candidates pursuant to Section 8002, except that the declaration of
candidacy required by Section 8040 shall include space for the
candidate to list the party preference disclosed upon the candidate's
most recent affidavit of registration, in accordance with subsection
(a). 
   SEC. 22.    Section 8025 of the   Elections
Code   is amended to read: 
   8025.  (a)    If only one candidate has declared
a candidacy for a partisan nomination at the direct primary election
for a party qualified to participate at that election,  or
for nomination at the direct primary for a voter-nominated office,
 and that candidate dies after the last day prescribed for
the delivery of nomination documents to the elections official, as
provided in Section 8020, but not less than 83 days before the
election,  any   a  person qualified under
the provisions of Section 8001 may circulate and deliver nomination
documents for the office to the elections official up to 5 p.m. on
the 74th day prior to the election. In that case, the elections
official shall, immediately after receipt of those nomination
documents, certify and transmit them to the Secretary of State in the
manner specified in this article. 
   (b) If only one candidate who is affiliated with a particular
political party has declared a candidacy for nomination at the direct
primary election for a voter-nominated office and that candidate
dies after the last day prescribed for the delivery of nomination
documents to the elections official, as provided in Section 8020, but
not less than 83 days before the election, a person qualified under
the provisions of Section 8002.5, regardless of his or her political
party affiliation, may circulate and deliver nomination documents for
the office to the elections official up to 5 p.m. on the 74th day
prior to the election. In that case, the elections official shall,
immediately after receipt of those nomination documents, certify and
transmit them to the Secretary of State in the manner specified in
this article. 
   SEC. 23.    Section 8040 of the   Elections
Code   is amended to read: 
   8040.  (a) The declaration of candidacy by a candidate shall be
substantially as follows:
             DECLARATION OF CANDIDACY
  I hereby declare myself a  ____ Party  candidate
 for 
 for  nomination to the office of ____ District
 
Number ____ to be voted for at the primary
election to be held ____, 20__, and declare the
following to be true:
  My name is ___________________________________.
  I want my name and occupational designation to
appear on the ballot as follows:
________________.
Addresses:
Residence ______________________________________
   ______________________________________________
Business  ______________________________________
   ______________________________________________
Mailing   ______________________________________
   ______________________________________________
  Telephone numbers: Day _____ Evening _____
  Web site: ___________________
  I meet the statutory and constitutional
qualifications for this office (including, but
not limited to, citizenship, residency, and
party affiliation, if required).
  I am at present an incumbent of the following
public office
(if any) ____.
  If nominated, I will accept the nomination and
not withdraw.
             ____________________________________
                        Signature of candidate


 A candidate for voter-nominated office shall also 
 complete the following two sections: 
 1. I hereby certify that: 
   (a) At the time of presentation of this 
 declaration, as shown by my current affidavit of 
 registration, I am affiliated with the following 
 political party, if any: _____________. 
   (b) My complete voter registration and party 
 affiliation history, from (10 years prior to 
 current year) through the date of signing this 
 document, is as follows: 
 Party Affiliation  County         Timeframe (by 
                                    year) 
 __________________ ______________ ________________ 
 __________________ ______________ ________________ 
 __________________ ______________ ________________ 
 2. Pursuant to Elections Code Section 8002.5 
 (select one): 
 ___ Preference: _________________ Party (insert 
 name of the qualified political party as stated 
 upon your affidavit of registration), 
 ___ Preference: None selected (if you have 
 declined to state an affiliation with a qualified 
 political party upon your affidavit of 
 registration), 
 ___ Preference: Withheld by candidate (if you 
 have stated or declined to state an affiliation 
 with a qualified political party, but choose to 
 not have that information indicated on the 
 ballot). 
 Dated this ____ day of ____, 20__ 
 ________________ 
   Candidate 


State of California       )
County of ______________  )
                          ss.
                           )


  Subscribed and sworn to before me this ___ day
of ____, 20__.
       __________________________________________
             Notary Public (or other official)
  Examined and       certified by me this ____
day of ____, 20__.
           ______________________________________
                     County Elections Official


WARNING: Every person acting on behalf of a candidate is guilty of a
misdemeanor who deliberately fails to file at the proper time and in
the proper place any declaration of candidacy in his or her
possession which is entitled to be filed under the provisions of the
Elections Code Section 18202.

   (b) A candidate for a judicial office may not be required to state
his or her residential address on the declaration of candidacy.
However, in cases where the candidate does not state his or her
residential address on the declaration of candidacy, the elections
official shall verify whether his or her address is within the
appropriate political subdivision and add the notation "verified"
where appropriate.
   SEC. 24.   Section 8041 of the   Elections
Code   is amended to read: 
   8041.  (a) The nomination paper shall be in substantially the
following form:
                 NOMINATION PAPER
  I, the undersigned signer for ______ for  the 
 
 ____ Party  nomination to the office of ____, to
 be voted 
 be voted  for at the primary election to be held
 on the 
 on the  ____ day of ____, 20__, hereby assert as
 
follows:
  I am a resident of ____ County and registered
to vote at the address shown on this paper  .   and
  
 affiliated with the ____ Party.       I am not 
 I am not  at this time a signer of any other 
nomination 
 nomination  paper of any other candidate for the 
above- 
 above- named office, or in case there are  several
  
 several  places to be filled in the above-named 
office, 
 office,  I have not signed more nomination  papers
  than 
 papers than  there are places to be filled in  the
above- 
 the above-  named office. My residence is 
correctly   set 
 correctly set  forth after my signature hereto:
Name ___________________________________________
Residence ______________________________________
  (b) The affidavit of the circulator shall read
as follows:
            AFFIDAVIT OF THE CIRCULATOR
  I, ______, solemnly swear (or affirm) that the
signatures on this section of the nomination
paper were       obtained between _____, 20__,
and _____, 20__; that I circulated the petition
and I  sa  w  itnessed  the signatures on
this section  of the
  of the  nomination paper being written; and
 that,   to 
th  at, to th  e best of my information and belief,
 each 
 each  signature is the genuine signature of the   

person whose name it purports to be.
  My voting residence is ______________.
  Signed ________________________________________
  Subscribed and sworn to before me this
___________ day of _____________, 20__.
(SEAL)    ___________________________________
           Notary Public (or other official)
  Examined and certified by me this ___________
day of _____________, 20__.
                    _____________________________
                            Elections Official


WARNING: Every person acting on behalf of a candidate is guilty of a
misdemeanor who deliberately fails to file at the proper time and in
the proper place any nomination paper in his or her possession which
is entitled to be filed under Section 18202 of the Elections Code.

   SEC. 25.    Section 8062 of the   Elections
Code   is amended to read: 
   8062.  (a) The number of registered voters required to sign a
nomination paper for the respective offices are as follows:
   (1) State office or United States Senate, not  less
 fewer  than 65 nor more than 100.
   (2) House of Representatives in Congress, State Senate or
Assembly,  State  Board of Equalization, or any office voted
for in more than one county, and not statewide, not  less
  fewer  than 40 nor more than 60.
   (3) Candidacy in a single county or any political subdivision of a
county, other than State Senate or Assembly, not  less
  fewer  than 20 nor more than 40.
   (4) With respect to a candidate for a political party committee,
 if  any political party has  less  
fewer  than 50 voters in the state or in the county or district
in which the election is to be held, one-tenth the number of voters
of the party.
   (5)  When   If  there are  less
  fewer than 150 voters in the county or district
in which the election is to be held, not  less  
fewer  than 10 nor more than 20.
   (b) The provisions of this section are mandatory, not directory,
and no nomination paper shall be deemed sufficient that does not
comply with this section. However, this subdivision shall not be
construed to prohibit withdrawal of signatures pursuant to Section
8067. This subdivision also shall not be construed to prohibit a
court from validating a signature which was previously rejected upon
showing of proof that the voter whose signature is in question is
otherwise qualified to sign the nomination paper.
   SEC. 26.    Section 8068 of the   Elections
Code   is amended to read: 
   8068.  Signers shall be  registered  voters in the
district or political subdivision in which the candidate is to be
voted on. With respect to  any   a 
candidacy for partisan office, signers shall be affiliated 
registered voters who disclosed a preference, pursuant to Section
2151, for   with  the party, if any, in which the
nomination is proposed. Signers need not be registered voters who
 disclosed a preference for   are affiliated
with  any party when signing candidacy papers for a candidate
seeking nomination to a voter-nominated office.
   SEC. 27.    Section 8081 of the   Elections
Code   is amended to read: 
   8081.  Before  any   a  nomination
document is filed in the office of the county elections official or
forwarded for filing in the office of the Secretary of State, the
county elections official shall verify the  signatures
  signature  and the political  preferences
  affiliation  , if required, of  the
signers   each signer  on the nomination paper with
the registration  affidavits   affidavit 
on file in the office of the county elections official. The county
elections official shall mark "not sufficient"  any 
 for a  signature that does not appear in the same
handwriting as appears on the affidavit of registration in his or her
office, or that is accompanied by a declaration of party 
preference   affiliation  that is not in accordance
with the declaration of party  preference  
affiliation  in the affidavit of registration. The county
elections official may cease to verify signatures once the minimum
requisite number of signatures has been verified.
   SEC. 28.    Section 8106 of the   Elections
Code   is amended to read: 
   8106.  (a) Notwithstanding any other provision of this article, a
candidate may submit a petition containing signatures of registered
voters in lieu of a filing fee as follows:
   (1) For the office of California State Assembly, 1,500 signatures.

   (2) For the office of California State Senate and the United
States House of Representatives, 3,000 signatures.
   (3) For candidates running for statewide office, 10,000
signatures.
   (4) For all other offices for which a filing fee is required, if
the number of registered voters in the district in which he or she
seeks nomination is 2,000 or more, a candidate may submit a petition
containing four signatures of registered voters for each dollar of
the filing fee, or 10 percent of the total of registered voters in
the district in which he or she seeks nomination, whichever is less.
   (5) For all other offices for which a filing fee is required, if
the number of registered voters in the district in which he or she
seeks nomination is less than 2,000, a candidate may submit a
petition containing four signatures of registered voters for each
dollar of the filing fee, or 20 percent of the total of registered
voters in the district in which he or she seeks nomination, whichever
is less. 
   (6) Notwithstanding any other provision of this section, a
candidate seeking the nomination of a qualified party with whom he or
she is registered, the registered voters of which who were eligible
to vote at the last statewide election constituted less than 5
percent of all registered voters eligible to vote at the last
statewide election, may submit a petition containing signatures of 10
percent of the registered voters of that party in the district in
which he or she seeks nomination, or 150 signatures, whichever is
less.  
   (7) 
    (6)  A voter may sign both a candidate's nomination
papers and his or her in-lieu-filing-fee petition. However, if
signatures appearing on the documents are counted towards both the
nomination paper and the in-lieu-filing-fee petition signature
requirements, a person may only sign one of the documents.
   (b) The Secretary of State or an elections official shall furnish
to each candidate, upon request, and without charge therefor, forms
for securing signatures. The number of forms which the elections
official shall furnish a candidate shall be a quantity that provides
the candidates with spaces for signatures sufficient in number to
equal the number of signatures that the candidate is required to
secure pursuant to subdivision (a) if the candidate desires that
number of forms. However, the elections official, rather than provide
the candidate with the number of forms set forth in the preceding
sentence, or upon the request of a candidate, may provide the
candidate with a master form that may be duplicated by the candidate
at the candidate's expense for the purpose of circulating additional
petitions. The Secretary of State shall provide the master form. The
elections official may provide candidates a form other than the
master form provided by the Secretary of State. However, that form
shall meet all statutory requirements, and the elections official
shall also make available and accept the master form provided by the
Secretary of State. All forms shall be made available commencing 45
days before the first day for circulating nomination papers. However,
in cases of vacancies for which a special election is authorized or
required to be held to fill the vacancy, and where the prescribed
nomination period would commence less than 45 days after the creation
of the vacancy, the forms shall be made available within five
working days after the creation of the vacancy. No other form except
the form furnished by the Secretary of State or the elections
official or forms duplicated from a master form shall be used to
secure signatures. Each petition section shall bear an affidavit
signed by the circulator, in substantially the same form as set forth
in Section 8041. The substitution of signatures for fees shall be
subject to the following provisions:
   (1) Any registered voter may sign an in-lieu-filing-fee petition
for any candidate for whom he or she is eligible to vote.
   (2) If a voter signs more candidates' petitions than there are
offices to be filled, the voter's signatures shall be valid only on
those petitions which, taken in the order they were filed, do not
exceed the number of offices to be filled.
   (3) In-lieu-filing-fee petitions shall be filed at least 15 days
prior to the close of the nomination period. Upon receipt of the
minimum number of in-lieu-filing-fee signatures required, or a
sufficient combination of signatures and pro rata filing fee, the
elections official shall issue nomination papers provisionally.
Within 10 days after receipt of a petition, the elections official
shall notify the candidate of any deficiency. The candidate shall
then, prior to the close of the nomination period, either submit a
supplemental petition, or pay a pro rata portion of the filing fee to
cover the deficiency.
   (4) If the petition is circulated for an office in more than one
county, the candidate shall submit the signatures to the elections
official in the county in which the petition was circulated. The
elections official shall  ,  at least two days after
verifying the signatures on the petition, notify the Secretary of
State of the total number of valid signatures. If the number of
signatures is insufficient, the Secretary of State shall notify the
candidate and the elections officials of the fact. The candidate may
submit the necessary number of valid signatures at any time prior to
the close of the period for circulating nomination papers. Each
circulator of an in-lieu-filing-fee petition shall be a registered
voter of the district or political subdivision in which the candidate
is to be voted on. The circulator shall serve within the county in
which he or she resides.
   (5) Each candidate may submit a greater number of signatures to
allow for subsequent losses due to invalidity of some signatures. The
elections official shall not be required to determine the validity
of a greater number of signatures than that required by this section.

   (c) For the purposes of this section, the requisite number of
signatures shall be computed from the latest registration figures
forwarded to the Secretary of State pursuant to Section 2187 prior to
the first day on which petitions are available.
   (d) All valid signatures obtained pursuant to this section shall
be counted  towards   toward  the number of
voters required to sign a nomination paper in accordance with
Section 8061 or 8405.
   SEC. 29.    Section 8121 of the   Elections
Code   is amended to read: 
   8121.  (a) Not less than five days before he or she transmits the
certified list of candidates to the county elections officials, as
provided in Section 8120, the Secretary of State shall notify each
candidate for partisan office and voter-nominated office of the
names, addresses, offices, occupations, and party 
preferences   affiliations  of all other persons
who have filed for the same office.
   (b) (1) Beginning not less than five days before he or she
transmits the certified list of candidates to the county elections
officials, as required by Section 8120, the Secretary of State shall
post, in a conspicuous place on his or her Internet Web site, the
party  preference   affiliation  history of
each candidate for voter-nominated office for the preceding 10 years
 , or for as long as he or she has been eligible to vote in the
state, if less than 10 years  . The candidates' party 
preference   affiliation  history shall be
continuously posted until such time as the official canvass is
completed for the general or special election at which a candidate is
elected to the voter-nominated office sought, except that, in the
case of a candidate who participated in the primary election and who
was not nominated to participate in the general election, the
candidate's party  preference   affiliation
 history need not continue to be posted following the completion
of the official canvass for the primary election in question.
   (2) For purposes of this subdivision, the phrase "party 
preference   affiliation  history" also refers to
the candidate's history of party  registration  
preference  during the 10 years preceding the effective date of
this section.
   (3) The Secretary of State shall also conspicuously post on the
same  web page   Internet Web site  as that
containing the candidates' party  preference  
affiliation  history the notice specified by  of
subdivision (b) of  Section 9083.5.
   SEC. 30.    Section 8124 of the   Elections
Code   is amended to read: 
   8124.  The certified list of candidates sent to each county
elections official by the Secretary of State shall show all of the
following:
   (a) The name of each candidate.
   (b) The office for which each person is a candidate.
   (c) With respect to candidates for partisan offices, the party
each person represents.
   (d) With respect to candidates for voter-nominated offices, the
 party preference designation specified in accordance with
  designation made by the candidate pursuant to 
Section 8002.5. 
   (e) If applicable, the ballot designation specified in accordance
with Section 13107. 
   SEC. 31.    Section 8141.5 of the  
Elections Code   is amended to read: 
   8141.5.   Only   Except as provided in
subdivision (b) of Section 8142, only  the two candidates for a
voter-nominated office who receive the highest and 
second-highest   second highest  numbers of votes
cast at the primary                                          shall
appear on the ballot as candidates for that office at the ensuing
general election.  More than one candidate with the same
party preference designation may participate in the general election
pursuant to this subdivision. Notwithstanding the designation made by
the candidate pursuant to Section 8002.5, no candidate for a
voter-nominated office shall be deemed to be the official nominee for
that office of any political party, and no party is entitled to have
a candidate with its party preference designation participate in the
general election unless such candidate is one of the two candidates
receiving the highest or second-highest numbers of votes cast at the
primary election. 
   SEC. 32.    Section 8148 of the   Elections
Code   is amended to read: 
   8148.  Not less than 68 days before the general election, the
Secretary of State shall deliver to the appropriate county elections
official a certificate showing:
   (a) The name of every person entitled to receive votes within that
county at the general election who has received the nomination as a
candidate for public office pursuant to this chapter,  and
 the designation of the public office for which he or she
has been nominated  , and, if applicable, the ballot designation
specified in accordance with Section 13107  .
   (b) For each nominee for a partisan office, the name of the party
that has nominated him or her.
   (c) For each nominee for a voter-nominated office, the 
name of the party preference, or lack of party preference, as
designated   designation made  by the candidate
 in accordance with   pursuant to  Section
8002.5.
   SEC. 33.    Section 8300 of the   Elections
Code   is amended to read: 
   8300.  A candidate for  any public   a
partisan  office, including that of presidential elector,
 for which no nonpartisan candidate or candidate for
voter-nominated office has been nominated or elected at any primary
election,  may be nominated subsequent to  ,  or
 in lieu of   by other means than,  a
primary election pursuant to this chapter.  A candidate 
 for nonpartisan office or for voter-nominated office may be
nominated subsequent to, or by other means than, a primary election
pursuant to this chapter only if a candidate was not nominated or
elected at the primary election for that office. 
   SEC. 34.    Section 8600 of the   Elections
Code   is amended to read: 
   8600.  Every person who desires to be a write-in candidate and
have his or her name as written on the ballot of an election counted
for a particular office shall file:
   (a) A statement of write-in candidacy that contains the following
information:
   (1) Candidate's name.
   (2) Residence address.
   (3) A declaration stating that he or she is a write-in candidate.
   (4) The title of the office for which he or she is running.
   (5) The party nomination which he or she seeks, if running in a
partisan primary election.
   (6) The date of the election. 
   (7) A certification of the candidate's party affiliation history
for the preceding 10 years, or for as long as he or she has been
eligible to vote in the state, if less than 10 years, if running for
a voter-nominated office. 
   (b) The requisite number of signatures on the nomination papers,
if any, required pursuant to Sections 8062, 10220,  and 
10510  ,  or, in the case of a special district not subject
to the Uniform District Election Law (Part 4 (commencing with Section
10500) of Division 10), the number of signatures required by the
principal act of the district.
   SEC. 34.5.    Section 8600 of the  
Elections Code   is amended to read: 
   8600.  Every person who desires to be a write-in candidate and
have his or her name as written on the ballot of an election counted
for a particular office shall file:
   (a) A statement of write-in candidacy that contains the following
information:
   (1) Candidate's name.
   (2) Residence address.
   (3) A declaration stating that he or she is a write-in candidate.
   (4) The title of the office for which he or she is running.
   (5) The party nomination which he or she seeks, if running in a
partisan primary election.
   (6) The date of the election. 
   (7) A certification of the candidate's party affiliation history
for the preceding 10 years, or for as long as he or she has been
eligible to vote in the state, if less than 10 years, if running for
a voter-nominated office.  
   (8) For any of the offices described in Section 13.5, a statement
that the candidate meets the statutory and constitutional
requirements for that office as described in that section. 
   (b) The requisite number of signatures on the nomination papers,
if any, required pursuant to Sections 8062, 10220,  and 
10510  ,  or, in the case of a special district not subject
to the Uniform District Election Law (Part 4 (commencing with Section
10500) of Division 10), the number of signatures required by the
principal act of the district.
   SEC. 35.    Section 8606 of the   Elections
Code   is amended to read: 
   8606.   A   Notwithstanding any other
provision of law, a  person  whose name has been written
on the ballot as   may not be  a write-in
candidate at the general election for a voter-nominated office
 shall not be counted  .
   SEC. 36.    Section 8803 of the   Elections
Code   is amended to read: 
   8803.   (a)    No vacancy on the ballot for a
 nonpartisan office at a  general election shall be filled
except if the candidate dies and that fact has been ascertained by
the officer charged with the duty of printing the ballots at least 68
days before the date of the next ensuing general election. 
   (b) No vacancy on the ballot for a voter-nominated office at a
general election shall be filled. If a candidate who is entitled to
appear on the general election ballot dies, the name of that
candidate shall appear on the general election ballot. 
   SEC. 37.    Section 8805 of the   Elections
Code   is amended to read: 
   8805.   (a)    Whenever a candidate for
nomination for a nonpartisan  or voter-nominated 
office at a primary election dies on or before the day of the
election, and a sufficient number of ballots are marked as being
voted for him or her to entitle him or her to nomination if he or she
had lived until after the election, a vacancy exists on the general
election ballot, which shall be filled in the manner provided in
Section 8807 for filling a vacancy caused by the death of a
candidate. 
   (b) Whenever a candidate for nomination for a voter-nominated
office at a primary election dies on or before the day of the
election, and a sufficient number of ballots are marked as being
voted for him or her to entitle him or her to nomination if he or she
had lived until after the election, the name of the deceased
candidate shall appear on the general election ballot. 
   SEC. 38.    Section 8807 of the   Elections
Code   is amended to read: 
   8807.  If the vacancy occurs among candidates chosen at the direct
primary to go on the ballot for the succeeding general election for
a nonpartisan  or voter-nominated  office, the name
of that candidate receiving at the primary election the next highest
number of votes shall  go upon   appear on 
the ballot to fill the vacancy.
   SEC. 39.    Section 9083.5 of the  
Elections Code   is amended to read: 
   9083.5.  (a)  If a candidate for nomination or election to
a partisan office will appear on the ballot   In
addition to the materials specified in Section 9084  , the
Secretary of State shall include in the state ballot pamphlet a
written explanation of the electoral procedure for  such
offices, as follows:   party-nominated office,
voter-nominated office, and nonpartisan office. The Secretary of
State need not include an explanation of the electoral procedure for
any type of office that does   not appear on the ballot at
the ensuing election.  
   PARTY-NOMINATED/PARTISAN OFFICES  
   Under the California Constitution, political parties may formally
nominate candidates for party-nominated/partisan offices at the
primary election. A candidate so nominated will then represent that
party as its official candidate for the office in question at the
ensuing general election and the ballot will reflect an official
designation to that effect. The top vote-getter for each party at the
primary election is entitled to participate in the general election.
Parties also elect officers of official party committees at a
partisan primary.  
   No voter may vote the ballot of any political party at any primary
election unless he or she has disclosed a preference for that party
upon registering to vote or unless he or she has declined to disclose
a party preference and the political party, by party rule duly
noticed to the Secretary of State, authorizes a person who has
declined to disclose a party preference to vote the ballot of that
political party.  
   (b) If any candidate for nomination or election to a
voter-nominated office will appear on the ballot, the Secretary of
State shall include in the state ballot pamphlet a written
explanation of the electoral procedure for such offices, as follows:
 
   VOTER-NOMINATED OFFICES  
   Under the California Constitution, political parties are not
entitled to formally nominate candidates for voter-nominated offices
at the primary election, and a candidate nominated for a
voter-nominated office at the primary election is not the official
nominee of any party for the office in question at the ensuing
general election. A candidate for nomination or election to a
voter-nominated office may, however, designate his or her party
preference, or lack of party preference, and have that designation
reflected on the primary and general election ballot, but the party
designation so indicated is selected solely by the candidate and is
shown for the information of the voters only. It does not constitute
or imply an endorsement of the candidate by the party designated, and
no candidate nominated by the qualified voters for any
voter-nominated office shall be deemed to be the officially nominated
candidate of any political party. The parties may have a list of
candidates for voter-nominated offices, who have received the
official endorsement of the party, printed in the sample ballot.
 
   All voters, regardless of the party for which they have expressed
a preference upon registering, or of their refusal to disclose a
party preference, may vote for any candidate for a voter-nominated
office, provided they meet the other qualifications required to vote
for that office. The top two vote-getters at the primary election
advance to the general election for the voter-nominated office, and
both candidates may have specified the same party preference
designation. No party is entitled to have a candidate with its party
preference designation participate in the general election unless
such candidate is one of the two highest vote-getters at the primary
election.  
   (c) If any candidate for nomination or election to a nonpartisan
office, other than judicial office, shall appear on the ballot, the
Secretary of State shall include in the state ballot pamphlet a
written explanation of the electoral procedure for such offices, as
follows:  
   NONPARTISAN OFFICES  
   Under the California Constitution, political parties are not
entitled to nominate candidates for nonpartisan offices at the
primary election, and a candidate nominated for a nonpartisan office
at the primary election is not the official nominee of any party for
the office in question at the ensuing general election. A candidate
for nomination or election to a nonpartisan office may NOT designate
his or her party preference, or lack of party preference, on the
primary and general election ballot. The top two vote-getters at the
primary election advance to the general election for the nonpartisan
office.  
   (d) 
    (b)  Posters or other printed materials containing the
 notices   information  specified in
 subdivisions   subdivision  (a) 
to (c), inclusive,  shall be included in the precinct
supplies pursuant to Section 14105.
   SEC. 40.    Section 9084.5 of the  
Elections Code   is repealed.  
   9084.5.  In addition to the materials specified in Section 9084,
the ballot pamphlet shall contain a written explanation of the
appropriate election procedures for party-nominated, voter-nominated,
and nonpartisan offices as required by Section 9083.5. 
   SEC. 41.    Section 10704 of the   Elections
Code   is amended to read: 
   10704.  (a) Except as provided in subdivision (b), a special
primary election shall be held in the district in which the vacancy
occurred on the eighth Tuesday or, if the eighth Tuesday is the day
of or the day following a state holiday, the ninth Tuesday preceding
the day of the special general election at which the vacancy is to be
filled. Candidates at the primary election shall be nominated in the
manner set forth in Chapter 1 (commencing with Section 8000) of Part
1 of Division 8, except that nomination papers shall not be
circulated more than 63 days before the primary election, shall be
left with the county elections official for examination not less than
43 days before the primary election, and shall be filed with the
Secretary of State not less than 39 days before the primary election.

   (b) A special primary election shall be held in the district in
which the vacancy occurred on the ninth Tuesday preceding the day of
the special general election at which the vacancy is to be filled if
both of the following conditions apply:
   (1) The ninth Tuesday preceding the day of the special general
election is an established election date pursuant to Section 1000.
   (2) A statewide or local election occurring wholly or partially
within the same territory in which the vacancy exists is scheduled
for the ninth Tuesday preceding the day of the special general
election.
   (c) Notwithstanding Section 3001, applications for vote by mail
voter ballots may be submitted not more than 25 days before the
primary election, except that Section 3001 shall apply if the special
election or special primary election is consolidated with a
statewide election. Applications received by the elections official
prior to the 25th day shall not be returned to the sender, but shall
be held by the elections official and processed by him or her
following the 25th day prior to the election in the same manner as if
received at that time. 
   (d) The sample ballot for a special election shall contain a
written explanation of the electoral procedure for voter-nominated
office as specified in Section 9083.5.  
   (e) On the ballot for a special election, immediately below the
instructions to voters, there shall be a box not less than one-half
inch high enclosed by a heavy-ruled line the same as the borderline.
This box shall be as long as there are columns for the ballot and
shall be set directly above these columns. Within the box shall be
printed the words "Voter-Nominated Offices." Immediately below that
phrase within the same box shall be printed the following:  

   "All voters, regardless of party affiliation, or declining to
affiliate with a political party, may vote for any candidate for a
voter-nominated office.  
   The party affiliation, if any, of a candidate is shown for the
information of the voters only.  
   A candidate's affiliation with a political party does not imply
that the candidate is nominated or endorsed by the party, or that the
party approves of that candidate." 
   SEC. 42.    Section 10706 of the   Elections
Code   is amended to read: 
   10706.  If no candidate receives a majority of votes cast, the
names of the two candidates who receive the highest and second
highest number of votes cast at the special primary election shall be
placed on the special general election ballot.  In the case of a
tie vote, subdivision (b) of Section 8142 shall apply. 
   SEC. 43.    Section 12104 of the   Elections
Code   is amended to read: 
   12104.  (a) A notice designating the offices for which candidates
are to be nominated shall be in substantially the following form:
      NOTICE BY SECRETARY OF STATE OF OFFICES FOR WHICH CANDIDATES
ARE TO BE NOMINATED AT THE DIRECT PRIMARY

   Secretary of State
   Sacramento,__.  19 __   20__  .
To the County Elections Official of the County of ____:
   Notice is hereby given that the offices for which candidates are
to be nominated at the primary election to be held on the ____ day
of___,  19__   20__  , together with the
names of the political parties qualified to participate in the
election, are as follows:
             STATE AND DISTRICT OFFICES
__________________________________________________
__________________________________________________
__________________________________________________
                CONGRESSIONAL OFFICES
__________________________________________________
__________________________________________________
__________________________________________________
                 LEGISLATIVE OFFICES
__________________________________________________
__________________________________________________
__________________________________________________
  Notice is also hereby given that at the primary
election, candidates are to be nominated for the
following office:
        SUPERINTENDENT OF PUBLIC INSTRUCTION
__________________________________________________
__________________________________________________
__________________________________________________


   Notice is also hereby given that at the primary election, in the
county first above mentioned, candidates are to be nominated for any
county offices or judicial offices to which candidates are to be
elected at the ensuing general election;
   And notice is also hereby given that at the primary election there
shall be elected in each county a county central committee for each
political party above named pursuant to Division 7 (commencing with
Section  7000)   7050)  of the Elections
Code.
                          ________________________
__
(seal)     Secre tary of State


   (b) The notice designating the political parties qualified to
participate in this election for nomination of candidates shall be in
substantially the following form:
      NOTICE BY SECRETARY OF STATE OF POLITICAL PARTIES QUALIFIED TO
PARTICIPATE IN THE DIRECT PRIMARY ELECTION

   Secretary of State
   Sacramento, __.  19__   20__  .
To the County Elections Official of the County of ____:
   Notice is hereby given that the political parties qualified to
participate in this election for nomination of candidates to partisan
offices are as follows:
                          ________________________
__
(seal)     Secre tary of State


   SEC. 44.    Section 12108 of the   Elections
Code   is amended to read: 
   12108.  In  any   a  case  where
  in which  this chapter requires the posting or
distribution of a list of the names of precinct board members, or a
portion of the list, the officers charged with the duty of posting
shall ascertain the name of the political party, if any,  for
  with  which each precinct board member 
has expressed a preference   is affiliated  , as
shown in the affidavit of registration of that person. When the list
is posted or distributed, there shall be printed the name of the
board member's party  preference  or an abbreviation
of the name to the right of the name, or immediately below the name,
of each precinct board member. If a precinct board member 
has   is  not  expressed a preference for
  affiliated with  a political party, the words
 " "No Party Preference"   "Decline to state"
 shall be printed in place of the party name.
   SEC. 45.    Section 13102 of the   Elections
Code   is amended to read: 
   13102.  (a) All voting shall be by ballot. There shall be
provided, at each polling place, at each election at which  a
 public  officers are   officer is  to
be voted for, but one form of ballot for all candidates for public
office, except that, for partisan primary elections, one form of
ballot shall be provided for each qualified political party as well
as one form of nonpartisan ballot, in accordance with subdivision
(b).
   (b) At partisan primary elections,  each   a
 voter not registered  disclosing a preference 
 as intending to affiliate  with any one of the political
parties participating in the election shall be furnished only a
nonpartisan ballot, unless he or she requests a ballot of a political
party and that political party, by party rule duly noticed to the
Secretary of State, authorizes a person who has declined to 
disclose   state  a party  preference
  affiliation  to vote the ballot of that political
party. The nonpartisan ballot shall contain only the names of all
candidates for nonpartisan offices, voter-nominated offices, and
measures to be voted for at the primary election. Each voter
registered as  preferring   intending to
affiliate with  a political party participating in the election
shall be furnished only a ballot  for   of the
political party with  which he or she  disclosed a party
preference in accordance with Section 2151 or 2152  
registered  and the nonpartisan ballot, both of which shall be
printed together as one ballot in the form prescribed by Section
13207.
   (c) A political party may adopt a party rule in accordance with
subdivision (b) that authorizes a person who has declined to 
disclose   state  a party  preference
  affiliation  to vote the ballot of that political
party at the next ensuing partisan primary election. The political
party shall notify the party chair immediately upon adoption of that
party rule. The party chair shall provide written notice of the
adoption of that rule to the Secretary of State not later than the
135th day prior to the partisan primary election at which the vote is
authorized.
   (d) The county elections official shall maintain a record of which
political party's ballot was requested pursuant to subdivision (b),
or whether a nonpartisan ballot was requested, by each person who
declined to  disclose   state  a party
 preference   affiliation  . The record
shall be made available to any person or committee  who
  that  is authorized to receive copies of the
printed indexes of registration for primary and general elections
pursuant to Section 2184. A record produced pursuant to this
subdivision shall be made available in either a printed or electronic
format, as requested by the authorized person or committee.
   SEC. 46.    Section 13105 of the   Elections
Code   is amended to read: 
   13105.  (a) In the case of  candidates  a
candidate  for a voter-nominated office in a primary election, a
general election, or a special election to fill a vacancy in the
office of United States Senator, Member of the United States House of
Representatives, State Senator, or Member of the Assembly,
immediately to the right of and on the same line as the name of the
candidate, or immediately below the name if there is not sufficient
space to the right of the name, there shall be identified  ,
 in eight-point  roman lowercase  type  ,
 the  name of the political party designated 
 designation made  by the candidate pursuant to Section
8002.5. The identification shall be in substantially the following
form:  "My party preference is the ________ Party." If the
candidate designates no political party, the phrase "No Party
Preference" shall be printed instead of the party preference
identification. If the candidate  
   (1) In the case of a candidate who designated a political party
pursuant to Section 8002.5, "Preference: ________ Party."  
   (2) In the case of a candidate who is not affiliated with a
political party, "Preference: None selected." 
    (3)     In the case of a candidate who
 chooses not to have his or her party  preference
  affiliation or lack of affiliation  listed on the
ballot,  the space that would be filled with a party
preference designation shall be left blank.  
"Preference: Withheld by candidate." 
   (b) In the case of candidates for President and Vice President,
the name of the party shall appear to the right of and equidistant
from the pair of names of these candidates  and on the same line
as the name of the candidate for President, or immediately below the
name of the vice presidential candidate if there is not sufficient
space to the right of the name  .
   (c) If for a general election  any   a 
candidate for President of the United States or Vice President of the
United States has received the nomination of any additional party or
parties, the name(s) shall be printed to the right of the name of
the candidate's own party. Party names of a candidate shall be
separated by commas. If a candidate has qualified for the ballot by
virtue of an independent nomination, the word "Independent" shall be
printed instead of the name of a political party in accordance with
the above rules.
   SEC. 47.    Section 13107 of the   Elections
Code   is amended to read: 
              13107.  (a) With the exception of candidates for
Justice of the State Supreme Court or Court of Appeal, immediately
under the name of each candidate, and not separated from the name by
any line,  unless the selection made by the candidate pursuant to
Section 8002.5 must be listed immediately below the name of the
candidate pursuant to Section 13105, and in that case immediately
under the selection,  may appear at the option of the candidate
only one of the following designations:
   (1) Words designating the elective city, county, district, state,
or federal office which the candidate holds at the time of filing the
nomination documents to which he or she was elected by vote of the
people, or to which he or she was appointed, in the case of a
superior court judge.
   (2) The word "incumbent" if the candidate is a candidate for the
same office which he or she holds at the time of filing the
nomination papers, and was elected to that office by a vote of the
people, or, in the case of a superior court judge, was appointed to
that office.
   (3) No more than three words designating either the current
principal professions, vocations, or occupations of the candidate, or
the principal professions, vocations, or occupations of the
candidate during the calendar year immediately preceding the filing
of nomination documents. For purposes of this section, all California
geographical names shall be considered to be one word. Hyphenated
words that appear in any generally available standard reference
dictionary, published in the United States at any time within the 10
calendar years immediately preceding the election for which the words
are counted, shall be considered as one word. Each part of all other
hyphenated words shall be counted as a separate word.
   (4) The phrase "appointed incumbent" if the candidate holds an
office other than a judicial office by virtue of appointment, and the
candidate is a candidate for election to the same office, or, if the
candidate is a candidate for election to the same office or to some
other office, the word "appointed" and the title of the office. In
either instance, the candidate may not use the unmodified word
"incumbent" or any words designating the office unmodified by the
word "appointed." However, the phrase "appointed incumbent" shall not
be required of a candidate who seeks reelection to an office which
he or she holds and to which he or she was appointed, as a nominated
candidate, in lieu of an election, pursuant to Sections 5326 and 5328
of the Education Code or Section 7228, 7423, 7673, 10229, or 10515
of this code.
   (b) Neither the Secretary of State nor any other elections
official shall accept a designation of which any of the following
would be true:
   (1) It would mislead the voter.
   (2) It would suggest an evaluation of a candidate, such as
outstanding, leading, expert, virtuous, or eminent.
   (3) It abbreviates the word "retired" or places it following any
word or words which it modifies.
   (4) It uses a word or prefix, such as "former" or "ex-," which
means a prior status. The only exception is the use of the word
"retired."
   (5) It uses the name of any political party, whether or not it has
qualified for the ballot.
   (6) It uses a word or words referring to a racial, religious, or
ethnic group.
   (7) It refers to any activity prohibited by law.
   (c) If, upon checking the nomination documents and the ballot
designation worksheet described in Section 13107.3, the elections
official finds the designation to be in violation of any of the
restrictions set forth in this section, the elections official shall
notify the candidate by registered or certified mail return receipt
requested, addressed to the mailing address provided on the candidate'
s ballot designation worksheet.
   (1) The candidate shall, within three days, excluding Saturday,
Sunday, and state holidays, from the date he or she receives notice
by registered or certified mail, or from the date the candidate
receives actual notice of the violation, whichever occurs first,
appear before the elections official or, in the case of the Secretary
of State, notify the Secretary of State by telephone, and provide a
designation that complies with subdivision (a).
   (2) In the event the candidate fails to provide a designation that
complies with subdivision (a) within the three-day period specified
in paragraph (1), no designation shall appear after the candidate's
name.
   (d) No designation given by a candidate shall be changed by the
candidate after the final date for filing nomination documents,
except as specifically requested by the elections official as
specified in subdivision (c) or as provided in subdivision (e). The
elections official shall maintain a copy of the ballot designation
worksheet for each candidate that appears on the ballot in the county
for the same period of time as applied to nomination documents
pursuant to Section 17100.
   (e) The designation shall remain the same for all purposes of both
primary and general elections, unless the candidate, at least 98
days prior to the general election, requests in writing a different
designation which the candidate is entitled to use at the time of the
request.
   (f) In all cases, the words so used shall be printed in 8-point
roman uppercase and lowercase type except that, if the designation
selected is so long that it would conflict with the space
requirements of Sections 13207 and 13211, the elections official
shall use a type size for the designation for each candidate for that
office sufficiently smaller to meet these requirements.
   (g) Whenever a foreign language translation of a candidate's
designation is required under the Voting Rights Act of 1965 (42
U.S.C. Sec. 1971), as amended, to appear on the ballot in addition to
the English language version, it shall be as short as possible, as
consistent as is practicable with this section, and shall employ
abbreviations and initials wherever possible in order to avoid undue
length.
   SEC. 48.    Section 13206 of the   Elections
Code   is amended to read:
   13206.  (a) On the partisan ballot used in a direct primary
election, immediately below the instructions to voters, there shall
be a box not less than one-half inch high enclosed by a heavy-ruled
line the same as the borderline. This box shall be as long as there
are columns for the partisan ballot and shall be set directly above
these columns. Within the box shall be printed  in 24-point
boldface gothic capital type  the words "Party-Nominated
Offices." Immediately below that phrase within the same box shall be
printed  , in 8-point boldface gothic type,  the
following: "Only voters who  disclosed a preference 
upon registering to vote  for   stated their
affiliation with  the same party as the candidate seeking the
nomination of any party for the Presidency or election to a party
committee may vote for that candidate at the primary election, unless
the party has adopted a rule to permit non-party voters to vote in
its primary elections."
   (b) The same style of box described in subdivision (a) shall also
appear over the columns of the nonpartisan part of the ballot and
within the box in the same style and point size of type shall be
printed "Voter-Nominated and Nonpartisan Offices." Immediately below
that phrase within the same box shall be printed  , in
8-point boldface gothic type,  the following:
   "All voters, regardless of  the  party 
preference they disclosed upon registration  
affiliation  , or  refusal   declining
 to  disclose a party preference  
affiliate with a political party  , may vote for any candidate
for a voter-nominated or nonpartisan office.
   Voter-Nominated Offices  .   :  The
party  preference   affiliation  , if any,
 designated by a candidate for a voter-nominated office is
selected by the candidate and   of a candidate  is
shown for the information of the voters only.
    It does not constitute or imply an endorsement of the
candidate by the party indicated, and no candidate nominated by the
qualified voters for any voter-nominated office shall be deemed to be
the officially nominated candidate of any political party. 
 A candidate's affiliation with a political party does not imply
that the candidate is nominated or endorsed by that party, or that
that party approves of that candidate. 
    "Nonpartisan   Nonpartisan  Offices
 . A   :   The party affiliation of a
 candidate for a nonpartisan office  may  
does  not  designate a party reference  
appear  on the ballot."
   SEC. 49.    Section 13207 of the   Elections
Code   is amended to read: 
   13207.  (a) There shall be printed on the ballot in parallel
columns all of the following:
   (1) The respective offices.
   (2) The names of candidates with sufficient blank spaces to allow
the voters to write in names not printed on the ballot  , except
that no spaces shall be printed for voter-nominated offices at a
general election  .
   (3) Whatever measures have been submitted to the voters.
   (b) In the case of a ballot which is intended for use in a party
primary and which carries  both  partisan offices,
voter-nominated offices, and nonpartisan offices, a vertical solid
black line shall divide the columns containing partisan offices, on
the left, from the columns containing nonpartisan offices and
voter-nominated offices, on the right.
   (c) The standard width of columns containing partisan offices,
nonpartisan offices, and voter-nominated offices, shall be three
inches,  but a   except that an  elections
official may vary the width of these columns  by  up to
 10 percent more or less than the three-inch standard
  three-tenths of an inch  .  However, the
  The  column containing presidential and vice
presidential candidates may be as wide as four inches.
   (d)  Any measures   A measure  that
 are   is  to be submitted to the voters
shall be printed in one or more parallel columns to the right of the
columns containing the names of candidates and shall be of sufficient
width to contain the title and summary of  each 
 the  measure. To the right of  each  
the  title and summary shall be printed, on separate lines, the
words "Yes" and "No."
   SEC. 50.    Section 13212 of the   Elections
Code   is amended to read: 
   13212.   Under   Except for a voter-nominated
office at a general election, under  the designation of each
office shall be printed as many blank spaces, defined by light lines
or rules at least three-eighths of an inch apart but no more than
one-half inch apart, as there are candidates to be nominated or
elected to the office.
   SEC. 51.    Section 13230 of the   Elections
Code  is amended to read: 
   13230.  (a) If the county elections official determines that, due
to the number of candidates and measures that must be printed on the
ballot, the ballot will be larger than may be conveniently handled,
the county elections official may provide that a nonpartisan ballot
shall be given to each partisan voter, together with his or her
partisan ballot, and that the material appearing under the heading
 "Voter Nominated   "Voter-Nominated  and
Nonpartisan Offices" on partisan ballots, as well as the heading
itself, shall be omitted from the partisan ballots.
   (b) If the county elections official so provides, the procedure
prescribed for the handling and canvassing of ballots shall be
modified to the extent necessary to permit the use of two ballots by
partisan voters. The county elections official may, in this case,
order the second ballot to be printed on paper of a different tint,
and assign to those ballots numbers higher than those assigned to the
ballots containing partisan offices.
   (c) "Partisan voters," for purposes of this section, includes
 both persons who have disclosed a party preference pursuant
to Section 2151 or 2152 and  persons who have declined to
 disclose   state  a party 
preference  affiliation  , but who have chosen to
vote the ballot of a political party as authorized by that party's
rules duly noticed to the Secretary of State.
   SEC. 52.    Section 13300 of the   Elections
Code   is amended to read: 
   13300.  (a) By at least 29 days before the  partisan 
primary, each county elections official shall prepare  a 
separate sample  ballots   ballot  for each
political party and a separate sample nonpartisan ballot  ,
placing thereon in each case   . The county elections
official shall   place on each ballot, as applicable, 
in the order provided in Chapter 2 (commencing with Section 13100),
and under the appropriate title of each office, the names of all
candidates for whom nomination papers have been duly filed with him
or her  ,  or have been certified to him or her by the
Secretary of State  ,  to be voted for in his or her county
at the  partisan  primary election.
   (b) The sample  ballot   ballots  shall
be identical to the official ballots, except as otherwise provided by
law. The sample ballots shall be printed on paper of a different
texture from the paper to be used for the official ballot.
   (c) One sample ballot of the party  for  
with  which the voter  has disclosed a preference
 is affiliated  , as evidenced by his or her
registration, shall be mailed  not more than 40 nor fewer than 10
days before the election  to each voter entitled to vote at the
primary who registered at least 29 days prior to the election
 not more than 40 nor less than 10 days before the election
 . A nonpartisan sample ballot shall be so mailed to each
voter who is not registered as  preferring  
intending to affiliate  with any of the parties participating in
the primary election, provided that on election day  any
person  the voter  may, upon request, vote the
ballot of a political party if authorized by the party's rules, duly
noticed to the Secretary of State.
   SEC. 53.   Section 13302 of the   Elections
Code   is amended to read: 
   13302.  (a) The county elections official shall forthwith submit
the sample ballot of each political party to the chairperson of the
county central committee of that party, and shall mail a copy to each
candidate for whom nomination papers have been filed in his or her
office or whose name has been certified to him or her by the
Secretary of State, to the post office address  as 
given in the nomination paper or certification. The county elections
official shall post a copy of each sample ballot in a conspicuous
place in his or her office.
   (b) In connection with  any   an 
election at which a candidate for a voter-nominated office will
appear on the ballot,  any   a  qualified
political party may submit to the county elections official a list of
all candidates for voter-nominated office who will appear on
 any   a  ballot in the county in question,
and who have been endorsed by the party by whatever lawful mechanism
the party adopts for endorsing candidates for voter-nominated
office.  The   If a political   party
timely submits a list to the  county elections official 
pursuant to this subdivision, the county elections official 
shall print  any such list that is timely received 
 the names of the candidates for voter-nominated office who were
endorsed by that political party  in the  voter information
portion of the  sample ballot. The party  chair
  chairperson  shall provide a written copy of the
list of candidates endorsed  or nominated  by the
party not later than 83 days prior to the election at which the
candidate for a voter-nominated office will appear on the ballot.
   SEC. 54.    Section 15340 of the   Elections
Code   is amended to read: 
   15340.   Each   Except for a voter-nominated
office at a general election, each  voter is entitled to write
 on the ballot  the name of any candidate for any public
office, including that of President and Vice President of the United
States  , on the ballot of any election  .
   SEC. 55.    Section 15402 of the   Elections
Code   is amended to read: 
   15402.   (a)    Whenever a candidate whose name
appears upon the ballot at any election  for an office other than
a voter-nominated office  dies after the 68th day before the
election, the votes cast for the deceased candidate shall be counted
in determining the results of the election for the office for which
the decedent was a candidate. If the deceased candidate receives a
majority of the votes cast for the office, he or she shall be
considered elected and the office to which he or she was elected
shall be vacant at the beginning of the term for which he or she was
elected. The vacancy thus created shall be filled in the same manner
as if the candidate had died subsequent to taking office for that
term. 
   (b) Whenever a candidate whose name appears on the ballot at any
election for a voter-nominated office dies, the votes cast for the
deceased candidate shall be counted in determining the results of the
election for the office for which the decedent was a candidate. If
the deceased candidate receives a majority of the votes cast for the
office at the general election, he or she shall be considered elected
and the office to which he or she was elected shall be vacant at the
beginning of the term for which he or she was elected. The vacancy
thus created shall be filled in the same manner as if the candidate
had died subsequent to taking office for that term. 
   SEC. 56.    Section 15451 of the   Elections
Code   is repealed.  
   15451.  The nominees for a voter-nominated office shall be
determined in accordance with Section 8141.5 and subdivision (b) of
Section 8142. 
   SEC. 57.    Section 15560 of the   Elections
Code   is amended to read: 
   15560.  (a) The Secretary of State is authorized to establish a
postcanvass risk-limiting audit pilot program in five or more
counties to improve the accuracy of, and public confidence in,
election results. The Secretary of State is encouraged to include
urban and rural counties; counties from northern, central, and
southern California; and counties with various different voting
systems.
   (b) The pilot program described in subdivision (a) shall be
conducted as follows:
   (1) During the year 2011, each county that chooses to participate
in the pilot program shall conduct a postcanvass risk-limiting audit
of one or more contests after each election in that county.
   (2) An elections official conducting an audit pursuant to this
section shall do all of the following:
   (A) Provide at least a five-day public notice of the time and
place of the random selection of the audit units to be manually
tallied and of the time and place of the audit.
   (B) Make available to the public a report of the vote tabulating
device results for the contest, including the results for each audit
unit in the contest, prior to the random selection of audit units to
be manually tallied and prior to the commencement of the audit.
   (C) Conduct the audit upon tabulation of the unofficial final
results or upon completion of the official canvass for the election.
   (D) Conduct the audit in public view by hand without the use of
electronic scanning equipment using the tally procedures established
by Section 15360 for conducting a manual tally.
   (3) On or before March 1, 2012, the Secretary of State shall
report to the Legislature on the effectiveness and efficiency of
postcanvass risk-limiting audits conducted pursuant to this section.
The report shall include an analysis of the efficiency of postcanvass
risk-limiting audits, including the costs of performing the audits,
as compared to the 1-percent manual tallies conducted in the same
election pursuant to Section 15360.
   (c) An audit shall not be conducted pursuant to this section with
respect to a state or multijurisdictional contest unless all of the
counties involved in the contest choose to participate in the pilot
program authorized by this section.
   (d) For purposes of this section, the following terms have the
following meanings:
   (1) "Audit unit" means a precinct, a set of ballots, or a single
ballot. A precinct, a set of ballots, or a single ballot may be used
as an audit unit for purposes of this section only if all of the
following conditions are satisfied:
   (A) The relevant vote tabulating device is able to produce a
report of the votes cast in the precinct, set of ballots, or single
ballot.
   (B) The elections official is able to match the report described
in subparagraph (A) with the ballots corresponding to the report for
purposes of conducting an audit pursuant to this section.
   (C) Each ballot is assigned to not more than one audit unit.
   (2) "Contest" means an election for an office or for a measure.
"Contest" shall not include either of the following:
   (A) An election for a political party central committee, as
provided in Division 7 (commencing with Section  7000)
  7050) .
   (B) An advisory election, as provided in Section 9603.
   (3) "Risk-limiting audit" means a manual tally employing a
statistical method that ensures a large, predetermined minimum chance
of requiring a full manual tally whenever a full manual tally would
show an electoral outcome that differs from the outcome reported by
the vote tabulating device for the audited contest. A risk-limiting
audit shall begin with a hand tally of the votes in one or more audit
units and shall continue to hand tally votes in additional audit
units until there is strong statistical evidence that the electoral
outcome is correct. In the event that counting additional audit units
does not provide strong statistical evidence that the electoral
outcome is correct, the audit shall continue until there has been a
full manual tally to determine the correct electoral outcome of the
audited contest.
   (4) "Unofficial final results" means election results tabulated
pursuant to an official canvass conducted pursuant to Chapter 4
(commencing with Section 15300) but not yet reported to the governing
board or the Secretary of State pursuant to subdivision (h) of
Section 15302.
   SEC. 58.    Section 19301 of the   Elections
Code   is amended t   o read: 
   19301.  (a) A voting machine shall provide in the general election
for grouping under the name of the office to be voted on, all the
candidates for the office with the designation of the parties, if
any, by which they were respectively nominated or  with 
which they  designated pursuant to   are
affiliated in accordance with  Section 8002.5.
   (b) With respect to  a  party-nominated  offices
  office , the designation may be by usual or
reasonable abbreviation of party names. With respect to  a 
voter-nominated  offices   office  , the
voting machine shall conform to the format specified in subdivision
 (b)   (a)  of Section 13105.
   SEC. 59.    Section 34.5 of this bill incorporates
amendments to Section 8600 of the Elections Code proposed by both
this bill and Assembly Bill 362. It shall only become operative if
(1) both bills are enacted and become effective on or before January
1, 2012, (2) each bill amends Section 8600 of the Elections Code, and
(3) this bill is enacted after Assembly Bill 362, in which case
Section 34 of this bill shall not become operative.  All matter
omitted in this version of the bill appears in the bill as amended in
the Senate, August 17, 2011. (JR11)