California Assembly Bill AB1413 Amended / Bill

 BILL NUMBER: AB 1413AMENDED 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)