This initiative measure is submitted to the people in accordance with the provisions of Article II,
Section 8 of the Constitution.
This initiative measure amends and adds sections to the Elections Code; therefore, existing
provisions proposed to be deleted are printed in
strikeout type and new provisions proposed
to be added are printed in italic type to indicate that they are new.
SECTION 1. This act shall be known and may be cited as the "Open Primary Act."
SEC. 2. Section 2001 is added to the Elections Code, to read:
2001. All persons entitled to vote, including those not affiliated with any political party, shall have the right to vote, except as otherwise provided by law, at any election in which they are qualified to vote, for any candidate regardless of the candidate's political affiliation.
SEC. 3. Section 2151 of the Elections Code is amended to read:
2151. At the time of registering and of transferring registration, each elector may declare the name of the political party with which he or she 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. The voter registration card shall inform the affiant that any elector may decline to state a political affiliation,
but no person shall be entitled to vote the ballot of any political party and that
all properly registered voters may vote for their choice at any primary election unless he or
she has stated the name of the party with which he or she intends to affiliate for any
candidate for each office regardless of political affiliation and without a declaration of political
faith or allegiance . The voter registration card shall include a listing of all qualified political
Notwithstanding any provision to the contrary, no person shall be permitted to vote the
of any party or for any delegates to the convention of any party for any elective
political party central or district committee member other than the party designated in his or
her registration, except as provided by Section 2152.
SEC. 4. 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 public officers are 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 listing all
candidates for public office , in accordance with subdivision (b).
(b) At partisan such primary elections, each voter not registered as intending to
affiliate with any one of the political parties participating in the election shall be furnished
only a nonpartisan an official primary ballot. The nonpartisan official primary
ballot shall contain only the names of all candidates for nonpartisan and partisan
offices and measures to be voted for at the primary election. Each voter registered as intending
to affiliate with a political party participating in the election shall be furnished only a ballot of the
political party with which he or she is registered and the nonpartisan ballot, both of which shall be
printed together as one ballot in the form prescribed by Section 13207.
SEC. 5. Section 13203 of the Elections Code is amended to read:
13203. Across the top of the ballot shall be printed in heavy-faced gothic capital type not smaller than 30-point, the words "OFFICIAL BALLOT." However, if the ballot is no wider than a single column, the words "OFFICIAL BALLOT" may be as small as 24-point. Beneath this heading, in the case of
a partisan an official primary election, shall be printed in 18-point
boldfaced gothic capital type the official party designation or the words
"NONPARTISAN "OFFICIAL PRIMARY BALLOT" as applicable . Beneath
the heading line or lines, there shall be printed, in boldface type as large as the width of the ballot
makes possible, the number of the congressional, Senate, and Assembly district, the name of the
county in which the ballot is to be voted, and the date of the election.
SEC. 6. 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 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
boldfaced gothic capital type the words "Partisan Offices."
(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 "Nonpartisan Offices."
(c) This section shall not apply to ballots for elective political party central or district committee members prepared in accordance with Section 13300.
SEC. 7. 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 for
nonpartisan offices and measures shall be given to each partisan voter, together with his
or her partisan official primary ballot , and that the material appearing under the
heading "Nonpartisan Offices" on partisan ballots, as well as the heading itself, shall be omitted
from the partisan ballots .
If the Notwithstanding Section 13300, the county elections official so
provides, shall provide that 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 for nonpartisan offices and measures .
SEC. 8. Section 13300 of the Elections Code is amended to read:
13300. (a) By at least 29 days before the primary election , each county elections official shall prepare
separate identical sample ballots for each political party and a
separate sample nonpartisan ballot, placing voter, provided however, that in the case of
ballots involving elective political party central or district committee members, each county
elections official shall prepare separate ballots for the sole use of persons registered with that party,
as provided for in Section 2151. On the official identical primary ballots, each county elections
official shall place thereon in each case in the order provided in Chapter 2 (commencing with
Section 13100), and under the appropriate title of each office, the names and party affiliations
of all candidates organized randomly as provided in Section 13112 and not grouped by
political party, 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 primary
(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.
One Except as provided in Section 13230, one sample official primary
ballot of the party to which the voter belongs, as evidenced by his or her registration, shall be
mailed to each voter entitled to vote at the primary 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 intending to affiliate with any of the parties participating in the primary election.
SEC. 9. Section 13301 of the Elections Code is amended to read:
13301. (a) At the time the county elections official prepares sample ballots for
party at the presidential primary, he or she shall also prepare a list with the name of
candidates for delegates for each political party. The names of the candidates for delegates of any
political party shall be arranged upon the list of candidates for delegates of that party in parallel
columns under their preference for President. The order of groups on the list shall be
alphabetically according to the names of the persons they prefer appear upon the ballot. Each
column shall be headed in boldface 10-point, gothic type as follows: "The following delegates are
pledged to ___________ ." (The blank being filled in with the name of that candidate for
presidential nominee for whom the members of the group have expressed a preference.) The
names of the candidates for delegates shall be printed in eight-point, roman capital type.
(b) Copies of the list of candidates for delegates of each party shall be submitted by the county elections official to the chairman of the county central committee of that party, and the county elections official shall post a copy of each list in a conspicuous place in his or her office.
SEC. 10. Section 13302 of the Elections Code is amended to read:
13302. The county elections official shall forthwith submit the sample official primary ballot
of each political party to the chairperson of the county central committee of that
each political 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 the sample ballot in a conspicuous
place in his or her office.
SEC. 11. (a) No provision of this act may be changed except by a vote of the people.
(b) The Legislature shall amend or delete other provisions of law not encompassed by this act which conflict with the provisions herein in order to bring them into conformity with this act.
SEC. 12. If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.