Elections: incumbent judges of the Supreme Court and courts of appeal.
If passed, ACA 8 would amend Section 16 of Article VI of the California Constitution, providing the legislature with the authority to create a statute that alters how incumbent judges of the Supreme Court and court of appeal are elected. This change aims to simplify the electoral process and reduce the administrative burden related to conducting elections for judges. The provision could potentially lead to a higher rate of automatic re-election for judges who choose to run again without contesting their positions publicly through ballots.
Assembly Constitutional Amendment No. 8 (ACA 8), introduced by Assembly Member Pellerin, proposes an amendment to the California Constitution regarding the election of incumbent judges of the Supreme Court and courts of appeal. Under current law, an incumbent judge seeking another term must file a declaration of candidacy, which then appears on the ballot for public vote. ACA 8 seeks to streamline this process by allowing a judge who files a declaration to be deemed elected without their name appearing on the ballot, unless a sufficient number of voters petition for it to be included in the election.
The proposed amendment has sparked a debate regarding its implications for judicial accountability and voter choice. Supporters argue that it could lessen voter fatigue by reducing the number of names on the ballot, thereby encouraging civic engagement. However, detractors express concerns that it may diminish the accountability of judges to the electorate by making it easier for them to remain in office without the need for electoral support. The need for a voter petition to include a judge’s name on the ballot is viewed both as a safeguard and a potential barrier to removal for judges who may not be performing satisfactorily in their roles.