Re: SCA 4 - Elections: open primaries

From: <dr-jekyll_at_att_dot_net>
Date: Wed Feb 25 2009 - 14:33:12 CST

This is definitely a power play at the top. Sometimes gaming the system is more effective than out-and-out election fraud.

--
Kurt 
Nor yet, O Freedom! close thy lids 
in slumber for thine enemy never 
sleeps. -- The Antiquity of 
Freedom By William Cullen Bryant
-------------- Original message from Edward Cherlin <echerlin@gmail.com>: -------------- 
> On Wed, Feb 25, 2009 at 9:36 AM, Alan Dechert wrote: 
> > This is one of the stranger developments I have seen in the world of 
> > elections.  Maldonado got this through as part of a deal to get the budget 
> > passed.  The description "open primaries" seems a bald-faced lie. 
> 
> Definitely not descriptive. Another name is "Jungle Primaries". 
> Political scientists prefer the term "nonpartisan blanket primary". 
> 
> > As I read it, this provision would eliminate primaries, not make primaries 
> > open.  This is really a runoff system.  the two top vote getters would make 
> > it to the general election regardless of party affiliation. 
> > 
> > (doesn't change presidential primary system, though) 
> > 
> > It seems to me that it would increase -- not decrease -- party power. That's 
> > because instead of a primary, the party insiders -- not the voters --  would 
> > decide which candidate the party would back. 
> 
> The theory is that partisan primaries encourage candidates to play to 
> the base, so we get polarized candidates, and that an open system 
> would encourage candidates to play toward the middle. There have been 
> some data gathered, but I don't know whether one can draw a valid 
> conclusion from them. 
> 
> http://www.fivethirtyeight.com/search/label/jungle primaries 
> 
> I think that getting rid of "safe" districts would have a much larger effect. 
> 
> > In 2010, Voters will decide if this proposal should become law.  This is 
> > wild.  I think Schwartzenegger likes it. 
> > 
> > from ca leginfo 
> > 
> > ****************** 
> > BILL NUMBER: SCA 4      CHAPTERED 
> >        BILL TEXT 
> > 
> >        CHAPTER  2 
> >        FILED WITH SECRETARY OF STATE  FEBRUARY 19, 2009 
> >        PASSED THE SENATE  FEBRUARY 19, 2009 
> >        PASSED THE ASSEMBLY  FEBRUARY 19, 2009 
> >        AMENDED IN SENATE  FEBRUARY 19, 2009 
> > 
> > INTRODUCED BY   Senator Maldonado 
> >  (Coauthors: Senators Correa and Wolk) 
> > 
> >                       DECEMBER 1, 2008 
> > 
> >  A resolution to propose to the people of the State of California 
> > an amendment to the Constitution of the State, by amending Sections 5 
> > and 6 of Article II thereof, relating to elections. 
> > 
> > 
> >        LEGISLATIVE COUNSEL'S DIGEST 
> > 
> > 
> >  SCA 4, Maldonado. Elections: open primaries. 
> >  Existing provisions of the California Constitution require the 
> > Legislature to provide for primary elections for partisan offices, 
> > including an open presidential primary election, as specified. The 
> > California Constitution also provides that all judicial, school, 
> > county, and city offices are nonpartisan offices, and a political 
> > party or party central committee is prohibited from endorsing, 
> > supporting, or opposing a candidate for such an office. 
> >  This measure, which would be known as the "Top Two Primaries Act," 
> > would provide for 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 
> > a congressional or state elective office without regard to the 
> > political party preference disclosed by the candidate or the voter. 
> > The measure would further provide that a candidate for a 
> > congressional or state elective office generally may choose whether 
> > to have his or her political party preference indicated upon the 
> > ballot for that office in the manner to be provided by statute. The 
> > measure would prohibit a political party or party central committee 
> > from nominating a candidate for a congressional or state elective 
> > office at the primary, but the measure would permit a political party 
> > or party central committee to endorse, support, or oppose a 
> > candidate for congressional or state elective office. The 2 
> > candidates receiving the 2 highest vote totals for each office at a 
> > primary election, regardless of party preference, would then compete 
> > for the office at the ensuing general election. This measure would 
> > require the Legislature to provide for partisan elections for 
> > presidential candidates, political party committees, and party 
> > central steering committees. 
> >  This measure would designate the Superintendent of Public 
> > Instruction as a nonpartisan office. 
> >  If the measure is approved by the voters, it would become 
> > operative on January 1, 2011. 
> > 
> > 
> > 
> >  Resolved by the Senate, the Assembly concurring, That the 
> > Legislature of the State of California at its 2009-10 Regular Session 
> > commencing on the first day of December 2008, two-thirds of the 
> > membership of each house concurring, hereby proposes to the people of 
> > the State of California that the Constitution of the State be 
> > amended as follows: 
> >  First--  This measure shall be known and maybe cited as the "Top 
> > Two Candidates Open Primary Act." 
> >  Second--  The People of the State of California hereby find and 
> > declare all of the following: 
> >  (a) Purpose. The Top Two Candidates Open Primary Act is hereby 
> > adopted by the People of California to protect and preserve the right 
> > of every Californian to vote for the candidate of his or her choice. 
> > This act, along with legislation already enacted by the Legislature 
> > to implement this act, are intended to implement an open primary 
> > system in California as set forth below. 
> >  (b) Top Two Candidate Open Primary. All registered voters 
> > otherwise qualified to vote shall be guaranteed the unrestricted 
> > right to vote for the candidate of their choice in all state and 
> > congressional elections. All candidates for a given state or 
> > congressional office shall be listed on a single primary ballot. The 
> > top two candidates, as determined by the voters in an open primary, 
> > shall advance to a general election in which the winner shall be the 
> > candidate receiving the greatest number of votes cast in an open 
> > general election. 
> >  (c) Open Voter Registration. At the time they register, all voters 
> > shall have the freedom to choose whether or not to disclose their 
> > party preference. No voter shall be denied the right to vote for the 
> > candidate of his or her choice in either a primary or a general 
> > election for statewide constitutional office, the State Legislature, 
> > or the Congress of the United States based upon his or her disclosure 
> > or nondisclosure of party preference. Existing voter registrations, 
> > which specify a political party affiliation, shall be deemed to have 
> > disclosed that party as the voter's political party preference unless 
> > a new affidavit of registration is filed. 
> >  (d) Open Candidate Disclosure. At the time they file to run for 
> > public office, all candidates shall have the choice to declare a 
> > party preference. The preference chosen shall accompany the candidate' 
> > s name on both the primary and general election ballots. The names of 
> > candidates who choose not to declare a party preference shall be 
> > accompanied by the designation "No Party Preference" on both the 
> > primary and general election ballots. Selection of a party preference 
> > by a candidate for state or congressional office shall not 
> > constitute or imply endorsement of the candidate by the party 
> > designated, and no candidate for that office shall be deemed the 
> > official candidate of any party by virtue of his or her selection in 
> > the primary. 
> >  (e) Freedom of Political Parties. Nothing in this act shall 
> > restrict the right of individuals to join or organize into political 
> > parties or in any way restrict the right of private association of 
> > political parties. Nothing in this measure shall restrict the parties' 
> > right to contribute to, endorse, or otherwise support a candidate 
> > for state elective or congressional office. Political parties may 
> > establish such procedures as they see fit to endorse or support 
> > candidates or otherwise participate in all elections, and they may 
> > informally "nominate" candidates for election to voter-nominated 
> > offices at a party convention or by whatever lawful mechanism they so 
> > choose, other than at state-conducted primary elections. Political 
> > parties may also adopt such rules as they see fit for the selection 
> > of party officials (including central committee members, presidential 
> > electors, and party officers). This may include restricting 
> > participation in elections for party officials to those who disclose 
> > a party preference for that party at the time of registration. 
> >  (f) Presidential Primaries. This act makes no change in current 
> > law as it relates to presidential primaries. This act conforms to the 
> > ruling of the United States Supreme Court in Washington State Grange 
> > v. Washington State Republican Party (2008) 128 S.Ct. 1184. Each 
> > political party retains the right either to close its presidential 
> > primaries to those voters who disclose their party preference for 
> > that party at the time of registration or to open its presidential 
> > primary to include those voters who register without disclosing a 
> > political party preference. 
> >  Third--  That Section 5 of Article II thereof is amended to read: 
> >     SEC. 5.  (a) A voter-nomination primary election shall be 
> > conducted to select the candidates for congressional and state 
> > elective offices in California. All voters may vote at a 
> > voter-nominated primary election for any candidate for congressional 
> > and state elective office without regard to the political party 
> > preference disclosed by the candidate or the voter, provided that the 
> > voter is otherwise qualified to vote for candidates for the office 
> > in question. The candidates who are the top two vote-getters at a 
> > voter-nominated primary election for a congressional or state 
> > elective office shall, regardless of party preference, compete in the 
> > ensuing general election. 
> >  (b) Except as otherwise provided by Section 6, a candidate for a 
> > congressional or state elective office may have his or her political 
> > party preference, or lack of political party preference, indicated 
> > upon the ballot for the office in the manner provided by statute. A 
> > political party or party central committee shall not nominate a 
> > candidate for any congressional or state elective office at the 
> > voter-nominated primary. This subdivision shall not be interpreted to 
> > prohibit a political party or party central committee from 
> > endorsing, supporting, or opposing any candidate for a congressional 
> > or state elective office. A political party or party central 
> > committee shall not have the right to have its preferred candidate 
> > participate in the general election for a voter-nominated office 
> > other than a candidate who is one of the two highest vote-getters at 
> > the primary election, as provided in subdivision (a). 
> >  (c) The Legislature shall provide for partisan elections for 
> > presidential candidates, and political party and party central 
> > committees, including an open presidential primary whereby the 
> > candidates on the ballot are those found by the Secretary of State to 
> > be recognized candidates throughout the nation or throughout 
> > California for the office of President of the United States, and 
> > those whose names are placed on the ballot by petition, but excluding 
> > any candidate who has withdrawn by filing an affidavit of 
> > noncandidacy. 
> >  (d) A political party that participated in a primary election for 
> > a partisan office pursuant to subdivision (c) has the right to 
> > participate in the general election for that office and shall not be 
> > denied the ability to place on the general election ballot the 
> > candidate who received, at the primary election, the highest vote 
> > among that party's candidates. 
> >  Fourth--  That Section 6 of Article II thereof is amended to read: 
> >     SEC. 6.  (a) All judicial, school, county, and city offices, 
> > including the Superintendent of Public Instruction, shall be 
> > nonpartisan. 
> >  (b) A political party or party central committee shall not 
> > nominate a candidate for nonpartisan office, and the candidate's 
> > party preference shall not be included on the ballot for the 
> > nonpartisan office. 
> >  Fifth--  This measure shall become operative on January 1, 2011. 
> > 
> > _______________________________________________ 
> > OVC-discuss mailing list 
> > OVC-discuss@listman.sonic.net 
> > http://lists.sonic.net/mailman/listinfo/ovc-discuss 
> > By sending email to the OVC-discuss  list, you thereby agree to release the 
> > content of your posts to the Public Domain--with the exception of 
> > copyrighted material quoted according to fair use, including publicly 
> > archiving at  http://gnosis.python-hosting.com/voting-project/ 
> > 
> 
> 
> 
> -- 
> Silent Thunder (默雷/धर्ममेघशब्दगर्ज/دھØ 
> ±ممیگھشبدگر ج) is my name 
> And Children are my nation. 
> The Cosmos is my dwelling place, The Truth my destination. 
> http://wiki.sugarlabs.org/go/User:Mokurai (Ed Cherlin) 
> 
> _______________________________________________ 
> OVC-discuss mailing list 
> OVC-discuss@listman.sonic.net 
> http://lists.sonic.net/mailman/listinfo/ovc-discuss 
> By sending email to the OVC-discuss list, you thereby agree to release the 
> content of your posts to the Public Domain--with the exception of copyrighted 
> material quoted according to fair use, including publicly archiving at 
> http://gnosis.python-hosting.com/voting-project/ 

_______________________________________________
OVC-discuss mailing list
OVC-discuss@listman.sonic.net
http://lists.sonic.net/mailman/listinfo/ovc-discuss
By sending email to the OVC-discuss list, you thereby agree to release the content of your posts to the Public Domain--with the exception of copyrighted material quoted according to fair use, including publicly archiving at http://gnosis.python-hosting.com/voting-project/
==================================================================
= The content of this message, with the exception of any external
= quotations under fair use, are released to the Public Domain
==================================================================
Received on Sat Feb 28 23:17:05 2009

This archive was generated by hypermail 2.1.8 : Sat Feb 28 2009 - 23:17:06 CST