California Assembly Bill AB459 Amended / Bill

 BILL NUMBER: AB 459AMENDED BILL TEXT AMENDED IN ASSEMBLY MARCH 31, 2011 INTRODUCED BY Assembly Member Hill  (   Coauthor:   Assembly Member   Nestande   )  FEBRUARY 15, 2011  An act to amend Section 5100 of the Elections Code, relating to primary elections.   An act to add Chapter 1.5 (commencing with Section 6920) to Part 2 of Division 6 of the Elections Code, relating to presidential elections.  LEGISLATIVE COUNSEL'S DIGEST AB 459, as amended, Hill.  Primary elections: party eligibility.   Electoral college: interstate compact.  Existing law  specifies conditions under which a party is qualified to participate in a primary election  provides for statewide election of a slate of electors to vote in the electoral college for President and Vice President of the United States. Under existing law, each political party selects its slate of presidential electors in accordance with statutory procedures that differ by party  . This bill would  make nonsubstantive changes to that provision   ratify a specified interstate compact that requires the chief election official of each signatory state to appoint the slate of presidential electors that was nominated in association with the presidential tic   ket that received the largest national popular vote total. This compact would only become effective if states cumulatively possessing a majority of the total electoral votes have ratified the compact  . Vote: majority. Appropriation: no. Fiscal committee:  no   yes  . State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Chapter 1.5 (commencing with Section 6920) is added to Part 2 of Division 6 of the   Elections Code   , to read:   CHAPTER 1.5. VOTING COMPACT 6920. The Legislature of the State of California hereby ratifies the Agreement Among the States to Elect the President by National Popular Vote as set forth in Section 6921. 6921. The provisions of the Agreement Among the States to Elect the President by National Popular Vote are as follows: Article 1. Membership Any state of the United States and the District of Columbia may become a member of this agreement by enacting this agreement. Article 2. Right of the People in Member States to Vote for President and Vice President Each member state shall conduct a statewide popular election for President and Vice President of the United States. Article 3. Manner of Appointing Presidential Electors in Member States Prior to the time set by law for the meeting and voting by the presidential electors, the chief election official of each member state shall determine the number of votes for each presidential slate in each state of the United States and in the District of Columbia in which votes have been cast in a statewide popular election and shall add such votes together to produce a "national popular vote total" for each presidential slate. The chief election official of each member state shall designate the presidential slate with the largest national popular vote total as the "national popular vote winner." The presidential elector certifying official of each member state shall certify the appointment in that official's own state of the elector slate nominated in that state in association with the national popular vote winner. At least six days before the day fixed by law for the meeting and voting by the presidential electors, each member state shall make a final determination of the number of popular votes cast in the state for each presidential slate and shall communicate an official statement of such determination within 24 hours to the chief election official of each other member state. The chief election official of each member state shall treat as conclusive an official statement containing the number of popular votes in a state for each presidential slate made by the day established by federal law for making a state's final determination conclusive as to the counting of electoral votes by Congress. In event of a tie for the national popular vote winner, the presidential elector certifying official of each member state shall certify the appointment of the elector slate nominated in association with the presidential slate receiving the largest number of popular votes within that state. If, for any reason, the number of presidential electors nominated in a member state in association with the national popular vote winner is less than or greater than that state's number of electoral votes, the presidential candidate on the presidential slate that has been designated as the national popular vote winner shall have the power to nominate the presidential electors for that state and that state's presidential elector certifying official shall certify the appointment of such nominees. The chief election official of each member state shall immediately release to the public all vote counts or statements of votes as they are determined or obtained. This article shall govern the appointment of presidential electors in each member state in any year in which this agreement is, on July 20, in effect in states cumulatively possessing a majority of the electoral votes. Article 4. Other Provisions This agreement shall take effect when states cumulatively possessing a majority of the electoral votes have enacted this agreement in substantially the same form and the enactments by such states have taken effect in each state. Any member state may withdraw from this agreement, except that a withdrawal occurring six months or less before the end of a President' s term shall not become effective until a President or Vice President shall have been qualified to serve the next term. The chief executive of each member state shall promptly notify the chief executive of all other states of when this agreement has been enacted and has taken effect in that official's state, when the state has withdrawn from this agreement, and when this agreement takes effect generally. This agreement shall terminate if the electoral college is abolished. If any provision of this agreement is held invalid, the remaining provisions shall not be affected. Article 5. Definitions For purposes of this agreement, "chief executive" shall mean the governor of a state of the United States or the Mayor of the District of Columbia; "elector slate" shall mean a slate of candidates who have been nominated in a state for the position of presidential elector in association with a presidential slate; "chief election official" shall mean the state official or body that is authorized to certify the total number of popular votes for each presidential slate; "presidential elector" shall mean an elector for President and Vice President of the United States; "presidential elector certifying official" shall mean the state official or body that is authorized to certify the appointment of the state's presidential electors; "presidential slate" shall mean a slate of two persons, the first of whom has been nominated as a candidate for President of the United States and the second of whom has been nominated as a candidate for Vice President of the United States, or any legal successors to such persons, regardless of whether both names appear on the ballot presented to the voter in a particular state; "state" shall mean a state of the United States and the District of Columbia; and "statewide popular election" shall mean a general election in which votes are cast for presidential slates by individual voters and counted on a statewide basis.   SECTION 1.   Section 5100 of the Elections Code is amended to read: 5100. A party is qualified to participate in a primary election under any of the following conditions: (a) If at the last preceding gubernatorial election there was polled for any one of its candidates for any office voted on throughout the state, at least 2 percent of the entire vote of the state. (b) If on or before the 135th day before any primary election, it appears to the Secretary of State, as a result of examining and totaling the statement of voters and their political affiliations transmitted to him or her by the county elections officials, that voters equal in number to at least 1 percent of the entire vote of the state at the last preceding gubernatorial election have declared their intention to affiliate with that party. (c) If on or before the 135th day before any primary election, there is filed with the Secretary of State a petition signed by voters, equal in number to at least 10 percent of the entire vote of the state at the last preceding gubernatorial election, declaring that they represent a proposed party, the name of which shall be stated in the petition, which proposed party those voters desire to have participate in that primary election. This petition shall be circulated, signed, and verified, and the signatures of the voters on it shall be certified to and transmitted to the Secretary of State by the county elections officials substantially as provided for initiative petitions. Each page of the petition shall bear a caption in 18-point boldface type, which caption shall be the name of the proposed party followed by the words "Petition to participate in the primary election."